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Ottewell v. Ottewell

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  • Ottewell v. Ottewell

    Here is a case that might be of interest to those here dealing with the other parent/spouse trying to frustrate timely court proceedings, and also touches on the issue of contempt/breaching existing court orders. The mention of breaching of court orders as indicative as bad faith is interesting ... oh and the ordering of counsel to pay costs (!):

    CanLII - 2012 ONSC 3976 (CanLII)
    Last edited by Exquizique; 07-20-2012, 11:28 AM.

  • #2
    Thank you, once again!

    This paragraph stands out for me:

    [30] It is clear that the mother’s behaviours for a period of in excess of a year and a half were to delay the proceedings as much as possible in order to enhance her position with respect to custody and access, relying on an erroneous assumption that the longer she had care and control of the children, the less likely a court would order a transfer of custody to the father. Such a cynical approach to her obligations to produce is unacceptable.

    The mother's specific delay tactics do not necessarily apply directly to my case, but the reasoning behind the judge's decision (ratio decidendi) could possibly apply to other serious and unreasonable delay tactics that have occurred in my case.

    Thanks again!

    Comment


    • #3
      Wow, very brutal and also indicative of some of the delays in my case too. I waited more than 9 months for disclosure from my former spouse before just deciding to give up and settle. She still never discloses anything, ever, to this day.

      Comment


      • #4
        Originally posted by Exquizique View Post
        Here is a case that might be of interest to those here dealing with the other parent/spouse trying to frustrate timely court proceedings, and also touches on the issue of contempt/breaching existing court orders. The mention of breaching of court orders as indicative as bad faith is interesting ... oh and the ordering of counsel to pay costs (!):

        CanLII - 2012 ONSC 3976 (CanLII)
        Another awesome one!

        Comment


        • #5
          ridiculous cost award....but great to here an order is an order and has to be followed...even to the level of drivin kids to baseball games...this is the stuff in an order thats dropped when trying to sort matters out and your lawyer is telling you to drop....the guy in this case is a hero for taking baseball games right to the end.....althought it's typical judge BUllshiz bring down costs by blameing the winning party....the guy should of got 16K for costs...I'd appeal this

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          • #6
            Link didn't work for me. Could this also be used as an example to deny Occupational Rent? The ex has been going back and forth as to allowing me to buy her out of the MH, but the longer it goes on she can try to claim ORent for each month.

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            • #7
              Originally posted by dadonown View Post
              Link didn't work for me. Could this also be used as an example to deny Occupational Rent? The ex has been going back and forth as to allowing me to buy her out of the MH, but the longer it goes on she can try to claim ORent for each month.
              What is wrong with that - you are living in a house that she owns half of.

              As long as all other financials are considered, that would be fair.

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              • #8
                Because I would have bought the MH a long time ago and she would have had half of the value then. Now she gets half and possibly more(in the form of Orent). Never mind that I paid for half of the MH to begin with (with pre marital assets), she doesn't want to pay her half of the mortgage owing and if the MH had been sold and another bought the pre marital assets would be excluded.

                Comment

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