Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

Reply
 
Thread Tools
  #1  
Old 02-04-2018, 09:31 PM
mafia007's Avatar
mafia007 mafia007 is offline
Senior Member
 
Join Date: Nov 2014
Location: Ottawa
Posts: 304
mafia007 is on a distinguished road
Post En Route toward APPEAL Court - Toronto

Yep, this is not a joke. For the one who had followed my threads, I won my case at the Superior Court of Ontario - Family Division and my ex did not like the judgement. So she is taking the matter to the Appeal Court.


Basically, this is to cause another delay of 4-6 months from now. Ridiculous. But by that time, she will owe me another 3K$ as the interest accruals continue to accumulate.


I don't think she has the funds to pursue nor I think I will be reimbursed for my expenses. I have no choice but to file a Motion for Security for costs. Since there is no good grounds to appeal, the proceeding is frivolous and vexatious, no errors in law. Just a litigant who can't deal with a fair trial. A litigant who must now feel sorry for not accepting my last two offers.


Notice of Motion and Motion record was served to the other party along with my factum and case laws. Ready to be filed at the Court of Appeal in Toronto. Just need to sworn my affidavit of service and everything will be sent by courrier.

Last edited by mafia007; 02-04-2018 at 09:33 PM.
Reply With Quote
  #2  
Old 02-05-2018, 09:17 AM
arabian's Avatar
arabian arabian is online now
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 10,371
arabian will become famous soon enough
Default

Hey sorry to hear you have to go through this - sad people can't accept a ruling and move on, particularly if basis of appeal is weak. I don't know much about appeal process but I thought there was supposed to be a panel to review the application and reject those which are clearly going to be unsuccessful/waste of court's time and resources?

Make sure you obtain something whereas your ex would have to pay arrears and get leave of court prior to initiating any future litigation. My ex still takes me to court every year. The past 2 years he has tried to overturn 2014 Order based on his g/f (10 years younger than me) has poor health. Total bogus applications. 3 attempts at stay of enforcement have been rejected. I just keep a file handy and complete pretty much the same response every year. Matter is heard via written submissions. Still it is a pain to have to do all the serving of documents etc. I resent spending time on this but then this is my life 8 years post divorce. So..... brace yourself.
Reply With Quote
  #3  
Old 02-05-2018, 10:02 AM
mafia007's Avatar
mafia007 mafia007 is offline
Senior Member
 
Join Date: Nov 2014
Location: Ottawa
Posts: 304
mafia007 is on a distinguished road
Default

This one is from a Final Order of the Superior Court of Justice in Ontario and the amount is over 50K$ so only the Court of Appeal in Toronto has the Jurisdiction to hear it. I hope there is a panel who will look over this as it is definitely a waste of time and money. Like I say, it is to create delays and nothing else. Because of the application for an appeal, I cannot move with the judgement as everything right now is on hold. I cannot force the sale of the house but at least, the interests are still in effect.


Wait until she get serve with papers for making false allegations of DV and for diffamation which prevented me from seeing my children and made me lose access to my home. This is ready since November but I didn't had the health to file the application. If she thinks she is going away with this, she got it wrong. I have the rights to fight for my rights.
Reply With Quote
  #4  
Old 02-05-2018, 10:35 AM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 3,755
rockscan will become famous soon enough
Default

I could be wrong but I believe the court of appeal reviews the cases before they hear them. If there is no basis for appeal then it will not be heard. After you file your response you may want to find out what happens if it is denied. Can you file immediately for enforcement etc.

I really do not understand why these matters are allowed. And not just appeals but initial filings too. The whole point of reaching an agreement and/or going through the process is supposed to resolve it. The only people going to court are the unreasonable ones. You should have to pay a steep fine if you are wrong!!
Reply With Quote
  #5  
Old 02-05-2018, 11:38 AM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 6,858
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by mafia007 View Post
Wait until she get serve with papers for making false allegations of DV and for diffamation which prevented me from seeing my children and made me lose access to my home.
To be frank... This won't find much success. You have to be able to (a) spell defamation, (b) be able to differentiate slander from liable and (c) be able to show it caused real damages to your reputation.

You don't have a great case. Especially when you got what you wanted in court. The reality would be if you were wrongfully removed and lost your case and assets due to the allegation.

You should also check up what qualified privilege is prior to moving forward with such nonsense.
Reply With Quote
  #6  
Old 02-05-2018, 06:06 PM
sahibjee sahibjee is offline
Senior Member
 
Join Date: Oct 2011
Posts: 528
sahibjee is on a distinguished road
Default

Quote:
Originally Posted by Tayken View Post
To be frank... This won't find much success. You have to be able to (a) spell defamation, (b) be able to differentiate slander from liable and (c) be able to show it caused real damages to your reputation.

You don't have a great case. Especially when you got what you wanted in court. The reality would be if you were wrongfully removed and lost your case and assets due to the allegation.

You should also check up what qualified privilege is prior to moving forward with such nonsense.
I don't mean to discourage the OP but I am afraid Tayken is correct, a couple of years ago I posted a research paper by a law firm by the name of Macdonald and Partners where the concluded that no one ever has succeeded in such a claim in Canada.

In a majority of the cases, false DV allegations are made by women and the feminist machinery would allow them to be prosecuted. I speak from experience, I tried. the (j)fudge Backhouse said "you must be thinking in technicolor if you think you will get compensated for your losses" I had recently lost my job of seven years and was self-repping, the fudge then said, "if you don't take your claim back I will put a restraining order against you" since I could not stand not seeing my child again, I complied and took my claim back.
Reply With Quote
  #7  
Old 02-05-2018, 06:55 PM
mafia007's Avatar
mafia007 mafia007 is offline
Senior Member
 
Join Date: Nov 2014
Location: Ottawa
Posts: 304
mafia007 is on a distinguished road
Default

Quote:
Originally Posted by Tayken View Post
To be frank... This won't find much success. You have to be able to (a) spell defamation,.
diffamation = defamation in French and I'm French so it might have been corrected by my computer. Au moins... je suis bilingue moi!

Quote:
Originally Posted by Tayken View Post
(b) be able to differentiate slander from liable and
LIBEL: Message texts between Mom and my daughter where the mother wrote stuff to denigrate me SLANDER: She keeps, her and her family, saying bad things about me to the children. It is stated that; All other oral statements made that do not fall in the four categories of slanderous words require the proposed plaintiff to prove that they sustained a loss. Mine is a big loss... D15 have not spoken to me since the incident in July-August 2016. Mom had showed the Court documents, the exhibits and the letter from CAS to our D15. Damage is done.


Quote:
Originally Posted by Tayken View Post
(c) be able to show it caused real damages to your reputation.
Dignity with my children. D15 had completely cut contacts since over a year ago.

Quote:
Originally Posted by Tayken View Post
You don't have a great case. Especially when you got what you wanted in court. The reality would be if you were wrongfully removed and lost your case and assets due to the allegation.
I unfairly lost access to my house and occupancy rent was dismissed at court because of a damn expert report. I didn't get what I wanted. Compensation for losing access to my house because of false allegations of DV is what she is going away with. Think of it... what if I had changed the locks and pretended that she was the author of DV. How would the Court have handled my case? What would have been done against me? There are no consequences for the mischief that women inflict on their spouses during separation because no one dares to ask for compensation. Family Law Act states that both spouses has the rights to stay in the house after separation. I lost that right under false allegations.

Quote:
Originally Posted by Tayken View Post
You should also check up what qualified privilege is prior to moving forward with such nonsense.
Nonsense because nobody dares to fight for their rights.
Reply With Quote
  #8  
Old 02-05-2018, 09:33 PM
rockscan rockscan is offline
Senior Member
 
Join Date: Mar 2014
Posts: 3,755
rockscan will become famous soon enough
Default

You arent going to convince your kids otherwise if you go after your ex again. She will simply make you out to be an even bigger villain for winning and then coming for her twice.

Your kids are young and impressionable. Reach out to them with positive language involving you and them.

My partner has been through this with his lawyer. His ex has slandered him to anyone who would listen. Going so far as to have neighbours ask him to leave when SHE was late returning the kids for HIS parenting time. Its a lost cause. Move on and live your life. The kids will come around.
Reply With Quote
  #9  
Old 02-06-2018, 12:08 AM
arabian's Avatar
arabian arabian is online now
Senior Member
 
Join Date: Jan 2011
Location: Western Canada
Posts: 10,371
arabian will become famous soon enough
Default

Quote:
Originally Posted by mafia007 View Post
This one is from a Final Order of the Superior Court of Justice in Ontario and the amount is over 50K$ so only the Court of Appeal in Toronto has the Jurisdiction to hear it. I hope there is a panel who will look over this as it is definitely a waste of time and money. Like I say, it is to create delays and nothing else. Because of the application for an appeal, I cannot move with the judgement as everything right now is on hold. I cannot force the sale of the house but at least, the interests are still in effect.


Wait until she get serve with papers for making false allegations of DV and for diffamation which prevented me from seeing my children and made me lose access to my home. This is ready since November but I didn't had the health to file the application. If she thinks she is going away with this, she got it wrong. I have the rights to fight for my rights.



Your first paragraph made sense but this paragraph makes no sense whatsoever.

NOBODY anywhere in family court makes money off of someone uttering or swearing a false affidavit. NEVER. It is the 'nature of the beast' and judges hearing family court matters turn a blind eye to false accusations. Everyone knows that affidavits are merely "spins" on people's views in family court. Surely you've been in this battle long enough to understand this???

You are totally deluding yourself if you think any court is going to award you $$$$ because your ex and her buddies lied about you.

If I could sue my ex for every false statement he made I'd be a very wealthy person and certainly not posting on this forum. Yes and my ex's actions cost me lots of money... hundreds of thousands of dollars. What is my recourse? Indefinite, pitiful & fully taxable SS.
Reply With Quote
  #10  
Old 02-06-2018, 07:00 AM
mafia007's Avatar
mafia007 mafia007 is offline
Senior Member
 
Join Date: Nov 2014
Location: Ottawa
Posts: 304
mafia007 is on a distinguished road
Default

Well Arabian, who said Family Law. Defamation and false allegations are matters to proceed in Civil Court. It is useless to fight those issues in Family Law as they do not punish the litigants. Also to refresh your memory, I recall that you had sent me a private message stating that if anyone would have kicked you out of your home under false allegations, you would sue them. But I clearly understand that you are only trying to show/stand on the same side as the other posters.

Funny. Iíve been working my ass off for the past 3 years to settle my case but the other side kept on ignoring my offers and never negociated a fair settlement. Now I got a judgement way better than all my offers I had made in 2016-2017. We could now turn to a new chapter and move on with our new life but no. Ex decided that we were not done. So basically, I am looking behind as I am forced to and i wish i could just ignore it but i canít. I was served with Appeal documents and even if i donít want to, i must defend my case again. Mom already used the trial decision against me toward the kids. They told me. No surprise. She will continue and it wonít stop me now that the damages are done. Nothing could be worst.
Reply With Quote
Reply


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

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Unjust enrichment - which court? -clean hands? Strider22 Common Law Issues 4 06-09-2012 08:18 PM
child alienation---please your help brokendad Parenting Issues 16 07-03-2011 12:57 AM
Itís time to blow up divorce court - Toronto Sun - Sept 29, 2010 logicalvelocity Political Issues 4 10-19-2010 10:42 AM
Ontario Justice Bruce Pugsley's recent comments in family court logicalvelocity Political Issues 7 09-22-2010 06:10 PM


All times are GMT -4. The time now is 06:54 PM.