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  • #16
    my ex committed forgery and was charged with fraud over 5,000.00 Crown Prosecutor dismissed the charges many months later. Yes fraud and ANYTHING to do with your ex (unless it is assault) is totally a waste of time to pursue. Get friendly with your local biker gang - wish I had done that.

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    • #17
      contempt of court is a waste of time - no one wants to enforce it

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      • #18
        Forgery, I am in a court case involving this now.

        Tell me more, is it

        - family law matter
        - what is the allleged forgery (emails, documents, letters?)
        - why do you believe it is forged-
        - Hard question: are the forged materials signficnat to your case>

        I have experience in this and would be more than happy to share that if you wish. This is a tough area and there are many routes.

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        • #19
          Originally posted by blinkandimgone View Post
          I would think that you would have to have the third party, at the very least, swear an affidavit that the documents in question were indeed forged. Aside from bringing her integrity into question, it's probable that any charges against her for the forgery would be up to the third party to file which would be completely unrelated to family court.
          I have seen it done in family law. But, the litigants in question were disputing millions of family assets. The party in question had provided enough writing samples to their signature that a professional was able to provide an affidavit and evidence for the complaining party that convinced a judge that the document was indeed forged. This was also done with documents provided into the continuing record.

          It isn't hard to prove a forged document especially if it has hand writing on it.

          There is very little done about perjury (forswearing) in family law. Just check CanLII to see how it is not addressed. It does throw the weighting of the "balance of probability" on much of the person who does it though. How can a judge weight (balance) decisions knowing that the party in question is willing to lie.

          Also, people who lie on financial statements only demonstrate their real purpose for litigation... Money. Family Law should be about "families" and not "money". This is why most (if not all) judges want all matters regarding children final prior to financial settlement generally.

          Full and frank financial disclosure is paramount and any litigant who refuses will not be impressed with what a judge has to say about it. It is required under the rules. Don't expect a sympathetic judge if you refuse to provide full and frank financial disclosure.

          Good Luck!
          Tayken

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          • #20
            Originally posted by karmaseeker View Post
            There is already a disclosure order. With items requested to be disclosed within 15 days. This day came and went.

            Do we wait for settlement or push for a motion for contempt of court?

            It all seems rather pointless if no one is ever accountable for anything.
            Contempt is a hard one to determine. There are rules for contempt and reasons. If it is simply financial disclosure you can ask for contempt and punitive damages. This has been successfully done numerous times.

            Taylor v. Taylor [2005] O.J. No. 4593

            Start there and look at all the reflexed decisions that follow. Something may fit your situation.

            Good Luck!
            Tayken

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            • #21
              Originally posted by formyGirls View Post
              Instead of a contempt motion, consider just filing a regular short motion. It shouldn't take 15 minutes to convince a judge they haven't given you the disclosure. I am assuming you have emailed them a time or two, and can submit the previous order along with your attempts to get the other party to comply, as evidence with your motion.

              In a regular motion you can still ask for relief (another order for disclosure), and costs. Contempt motions are quasi-criminal things, and complicated by strict requirements to prove intent.
              Also, no judge is going to send another parent (or party) to jail if they don't provide financial disclosure. There are other more creative things they do to parties who withhold disclosure that is court ordered or required under the rules.

              Often, a judge will prevent the other party from responding to materials, filing motions or start striking affidavits from the record.

              Good Luck!
              Tayken

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              • #22
                Still sitting and waiting.

                To give more details this letter that is under question is what has my partner paying an additional 560 per month towards supposed after school care. These 2 documents which would hold the 3rd party liable of severe tax evasion also puts my partner on the hook for expenses that have never been proven.

                Quite simply the signatures one known for certain to be a real signature and witnessed by him and this latest questionable documents signature does not even resemble each other. Our lawyer is investigating but we still have not heard anything.

                As for disclosure at case conference - judge didn't seem to care that she had not submitted this. But ordered a disclosure order then in case we pushed for it "opening a real can of worms".

                WE are still waiting for all the basic disclosure 2010 tax return etc etc etc.

                It is all about the $$$$$.

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