Ottawa Divorce .com Forums

iona6656 · #31 05-25-2022, 12:24 PM

Quote:

Originally Posted by StillPaying

I don't see this as amazing, and certainly not a reason to go back to record more abuse which will always come as a perceived setup. This family court IPV acknowledgment is nothing more than a money grab while you still 50/50 coparent with this person.

IMO, criminal court and protective orders are available. If you decide to forgive and stay with them, asking for money later does nothing. Family court has always dealt with abuse, so I don't see a payout making it better.

It was hard, but I could understand paying my ex ss along with the equalization payment. To turn around and take that money back for how my ex treated me throughout the marriage, although glorifying would make no sense.

Unless you're dealing with someone wealthy, I don't see this going far and wide. Does a slap from RS cost more than Blink? Physical vs emotional, rich vs poor, old vs young, male vs female, disabled vs able-bodied? Most of the items Iona mentioned would be covered under a ss claim; and I could understand the tort claim against CAS/accuser. But a spouse... I see this going really bad. I'd rather get my cost awarded.

How could I get that under a spousal support claim? I was the higher income earner.

I think what you are all missing is this is not about a perceived setup for abuse- it's substantiated. Most of the perpetrators of IPV aren't being found guilty through the family court system- I would hazard a guess that in most cases there is usually some record of a criminal acts. In any case- the fact that you can consolidate the claims into one process offers more access to justice to the victims.

It's also why there is a push towards consolidating the criminal and family courts. Again- bottomline- keep your mf'ing hands to yourself. Don't be an asshole. A marriage is supposed to be an equal partnership where there isn't force exerted on one party by another to create an imbalance of power. If there is- if it can be proven - then there is now a means to claim your damages through the family court process.

Now. Am I afraid that this is going to open a floodgate of unscrupulous claims? Yes. But we have that in personal injury law as well. Just because the determination of truth may be difficult doesn't mean that access to justice should be denied.

StillPaying · #32 05-25-2022, 12:37 PM

Ss works both ways.

The info should be shared and readily available between both courts, but to me - criminal court is handling it. And like you said - most likely a history, pictures, reports, communications, that go along with it.

I guess I'm lost on the "choice" aspect. Do you stay longer and collect more proof for more money. I don't think it would be hard to continuously collect from an abuser. Family court should be about handling kids and splitting financials - no fault - not the tort side of paying me back for 1 cheating and 3 assaults.

iona6656 · #33 05-25-2022, 12:49 PM

Quote:

Originally Posted by StillPaying

Ss works both ways.

The info should be shared and readily available between both courts, but to me - criminal court is handling it. And like you said - most likely a history, pictures, reports, communications, that go along with it.

I guess I'm lost on the "choice" aspect. Do you stay longer and collect more proof for more money. I don't think it would be hard to continuously collect from an abuser. Family court should be about handling kids and splitting financials - no fault - not the tort side of paying me back for 1 cheating and 3 assaults.

I really think you're missing how IPV works- and the implications and trauma it causes. If you think there is even a thought of "how much can I get if I get one more punch to the face'- you've completely missed the point. And you really have lost all credibility to speak on the subject. You're not adding much here.

This is not a money grab.

This ruling is punitive in nature- it's the courts saying there is a cost to behaviour that is unacceptable by society in the context of violence committed in the family setting. It is not the same thing as assault.

StillPaying · #34 05-25-2022, 01:38 PM

Quote:

Originally Posted by iona6656

This is not a money grab.

This ruling is punitive in nature- it's the courts saying there is a cost to behaviour that is unacceptable by society in the context of violence committed in the family setting. It is not the same thing as assault.

It's a cost on pain and suffering. You're so focused on physical, which is not what this ruling was only about. There's so much more to abuse. But again, why is family court putting a cost on it. I'll go toe to toe with any victim here on personal story; yet again, I don't see how taking money from my ex after the fact does anything while I still see them every week co-parenting.

iona6656 · #35 05-25-2022, 04:31 PM

Quote:

Originally Posted by StillPaying

It's a cost on pain and suffering. You're so focused on physical, which is not what this ruling was only about. There's so much more to abuse. But again, why is family court putting a cost on it. I'll go toe to toe with any victim here on personal story; yet again, I don't see how taking money from my ex after the fact does anything while I still see them every week co-parenting.

I don't disagree with you- that's why I think this ruling is going to be scoped. There are a couple of factors in this decision- the kids have no relationship with the father. There's no "co-parenting" going on.

cost on pain and suffering is damages- which case maybe be quantifiable. What is interesting is that this ruling is punitive. It's a judgement call by the courts. And I love to see it. I wish more victims could be set up for receiving punitive damages. In my experience in law- it's something that is done more in the US than here. There's pros and cons to it- will it make us more litigious? Probably. But I'm also hoping that will have the effect of deterrence.

Jeff · #36 05-30-2022, 07:27 PM

Note that on March 24, 2022, a Notice of Appeal was filed by the Applicant, Amrit Pal Singh Ahluwalia seeking to set aside the Order of Justice Mandhane on the basis that the novel cause of action of family violence was applied without any basis in existing common law, that the Court failed to conduct the Anns/Cooper test in recognizing and applying the novel cause of action of family violence, and that the Court erred in law by referencing and applying factors and considerations in the Divorce Act as the test for establishing a novel cause of action, as well as misinterpreting those factors and considerations in establishing the novel cause of action of family violence, amongst other reasons.

blinkandimgone · #37 05-30-2022, 07:29 PM

Thanks for the update, Jeff!

Tayken · #38 05-31-2022, 01:15 PM

Quote:

Originally Posted by Jeff

Note that on March 24, 2022, a Notice of Appeal was filed by the Applicant, Amrit Pal Singh Ahluwalia seeking to set aside the Order of Justice Mandhane on the basis that the novel cause of action of family violence was applied without any basis in existing common law, that the Court failed to conduct the Anns/Cooper test in recognizing and applying the novel cause of action of family violence, and that the Court erred in law by referencing and applying factors and considerations in the Divorce Act as the test for establishing a novel cause of action, as well as misinterpreting those factors and considerations in establishing the novel cause of action of family violence, amongst other reasons.

I was waiting to see Anns/Cooper test come up. Not surprised by the appeal.

Similar Threads
Thread	Thread Starter	Forum	Replies	Last Post
Case Law, Case Conference and Mediation	Free-spirit	Divorce & Family Law	5	09-30-2012 09:55 PM
Costs in Bad Faith	mom2three	Financial Issues	1	10-24-2011 04:19 PM
Postponing Case Conference	frustrateddad1970	Divorce & Family Law	2	06-18-2011 11:38 AM
No doc been served from Respondent for case conference	nick2009	Divorce & Family Law	6	01-22-2010 08:38 PM
Citing Case Law	justafool	Common Law Issues	29	09-18-2009 08:17 PM

Ottawa Divorce .com Forums

User CP

New posts

Advertising

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)

User Name
Password