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  • #16
    You are wasting your time with a liable / slander lawsuit.

    http://www.advocatedaily.com/defamat...law-cases.html

    Comment


    • #17
      Originally posted by mafia007 View Post
      LIBEL: Message texts between Mom and my daughter where the mother wrote stuff to denigrate me
      Intercepting a conversation for which you are not a party to is a criminal act FYI. So the evidence may not be admissible at all. Because you are not a party to that conversation.

      So, that evidence has a very high probability of being tossed.

      Originally posted by mafia007 View Post
      LANDER: She keeps, her and her family, saying bad things about me to the children.
      That is "child abuse". You want to profit from child abuse? Wouldn't you rather repair the relationship with your child? You don't want to stop your child from being abused?

      Originally posted by mafia007 View Post
      Mine is a big loss... D15 have not spoken to me since the incident in July-August 2016.
      The remedy for this is money from the other parent being paid to you? Shouldn't the remedy be a family law related one.. Like therapy?

      Originally posted by mafia007 View Post
      om had showed the Court documents, the exhibits and the letter from CAS to our D15. Damage is done.
      Are the documents not truthful? It is child abuse to do this... Not defamation!

      Originally posted by mafia007 View Post
      Dignity with my children. D15 had completely cut contacts since over a year ago.
      The remedy for that is not using a civil matter to extract money from the other parent on defamation. If you lost your job because of the defamation maybe money would be the way to deal with it. BUT IT IS NOT THE WAY TO DEAL WITH RESTORING A RELATIONSHIP WITH A CHILD!!!!!!!!!!!

      Originally posted by mafia007 View Post
      unfairly lost access to my house and occupancy rent was dismissed at court because of a damn expert report.
      Then appeal the decision. That is the remedy.

      Originally posted by mafia007 View Post
      I didn't get what I wanted.
      Read that over and over again. Think about why that is such a WRONG THING to write. Honestly. Think deep.

      Originally posted by mafia007 View Post
      Compensation for losing access to my house because of false allegations of DV is what she is going away with.
      That should have been dealt with in your family law matter. If there was an error in law then appeal the matter. Our don't oppose the appeal and join the appeal with what you think was done wrong. Don't bring another bullshit lawsuit for defamation to "right the wrong".

      Originally posted by mafia007 View Post
      hink 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?
      Really? You are way off base here. This didn't happen. Wake up. You clearly are not all there right now. Who cares? This didn't happen. Why ponder something that didn't happen and will never happen.

      Originally posted by mafia007 View Post
      What would have been done against me?
      Who cares?!

      COURT IS NOT FAIR FOR PARENTS.

      Originally posted by mafia007 View Post
      There are no consequences for the mischief that women inflict on their spouses during separation because no one dares to ask for compensation.
      Really? I call bullshit. WD's case... Lots of cases as examples. Get over it and move on.

      Originally posted by mafia007 View Post
      amily Law Act states that both spouses has the rights to stay in the house after separation. I lost that right under false allegations.
      THEN THAT SHOULD HAVE BEEN ADDRESSED IN YOUR FAMILY LAW MATTER!!!!!!!!!!!!!!

      Originally posted by mafia007 View Post
      Nonsense because nobody dares to fight for their rights.
      You didn't do anything to address this in your family law matter... didn't have enough evidence and still don't have it. Why do you think a new lawsuit would result in anything different?!?!?!

      WAKE UP!

      RETURN TO REALITY!

      WE MISS YOU!

      Comment


      • #18
        I did addressed it in my trial but it was denied. Occupation rent must have an expert report produced at least 90 days before trial. Appeal the decision for what? 10k$? The joint account with her father is bullshit. She’s over 40 years old and still share an account with daddy? Appeal for 5k$ now? I prove to the Court that I lost access to my house under false allegations and I clearly prove that her father never deposited any money or did personal transactions in the account but everything was denied. Family Court is driven by lies and I couldn’t lie. To win, I would have had to say « I wasn’t aware it was a joint account with her father your Honour! » But that isn’t me. You see, I didn’t get all what I wanted. But I got the most important issue with the equity vs my pension. And I don’t cross-appeal the other issues I lost because that is the way it is statistically with men and the money you spend to fight vs the achievement is not worth it. Justice always take decision in a split way; I got my share of the equity, so the rest is dismissed.

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        • #19
          Also, all related to the children, access, custody, support, insurance, wasn’t part of the trial so a lot of evidence were not of concern.

          Comment


          • #20
            Re: false allegations - wasn't it an arm's length third party who reported your threats initially?

            In any event, you give your ex too much space in your head.
            Start a discussion, not a fire. Post with kindness.

            Comment


            • #21
              Originally posted by mafia007 View Post
              I did addressed it in my trial but it was denied. Occupation rent must have an expert report produced at least 90 days before trial. Appeal the decision for what? 10k$? The joint account with her father is bullshit. She’s over 40 years old and still share an account with daddy? Appeal for 5k$ now? I prove to the Court that I lost access to my house under false allegations and I clearly prove that her father never deposited any money or did personal transactions in the account but everything was denied. Family Court is driven by lies and I couldn’t lie. To win, I would have had to say « I wasn’t aware it was a joint account with her father your Honour! » But that isn’t me. You see, I didn’t get all what I wanted. But I got the most important issue with the equity vs my pension. And I don’t cross-appeal the other issues I lost because that is the way it is statistically with men and the money you spend to fight vs the achievement is not worth it. Justice always take decision in a split way; I got my share of the equity, so the rest is dismissed.
              I am joint on all my mothers accounts and investments. I dont have anything to do with the accounts, its just for estate purposes when she passes but my name is right there with hers.

              Comment


              • #22
                Family law is filled with cases where things like what happened with you occurred. My partner has an equally horrendous story that I have heard various angry versions of from his friends and family. I was also subjected to his kids saying their mothers’ bs to me. Is he angry? Yes! Does it upset him knowing his kids wont speak to him as a result? You bet. Does he lose sleep over it? Absolutely. What he has learned through talks with his two lawyers, his family and friends, me and a therapist is that letting that anger take up space in your mind only hurts you. Going after her for what? Ten thousand dollars isnt worth it when you factor in the impact it will continue to have on your personal health and the health of your future with your kids.

                My parents attacked each other passive aggressively a few years ago in their speeches at a wedding. It was so immature and ridiculous and we were very embarrassed. As we said to both of them after—grow up and get over yourselves. Take your win and move on with your life. All you are doing is feeding her fire.

                Comment


                • #23
                  Originally posted by mcdreamy View Post
                  Re: false allegations - wasn't it an arm's length third party who reported your threats initially?

                  In any event, you give your ex too much space in your head.


                  False allegations of DV by the ex = on and prior to April 10th 2015


                  Incident of threats at work place = May 4th 2015


                  Ex second attempt of DV allegations = the night of May 4th 2015

                  Comment


                  • #24
                    Originally posted by rockscan View Post
                    Take your win and move on with your life. All you are doing is feeding her fire.


                    I wish I could do just that like 3 years ago but it ain't over yet. She is taking our case to Appeal. What if she is the one feeding my fire!


                    I recall that I made over 12 offers between april 2015 to September 2017. She only made 2 offers a week before trial. And my 5-6 last offers were even better than what she obtain from the Court.


                    I know you all think I am exaggerating and I should just let go. This is what I've been trying to do for the past 3 years so that the litigation would have limited impact on the children. But she directly involved the children in it and now that the wheel is going fast forward, I am ready to spin that wheel back to her. Enough of rolling on my back. Taking the money I earned and worked for is plenty enough, taking over half my assets I've been working for is enough. Harming the relation I have with my children is an absolute "no no" and there is no excuses for that.

                    Comment


                    • #25
                      Originally posted by standing on the sidelines View Post
                      I am joint on all my mothers accounts and investments. I dont have anything to do with the accounts, its just for estate purposes when she passes but my name is right there with hers.
                      Its how you bypass probate. Happens with houses too. Very common.

                      Comment


                      • #26
                        Originally posted by mafia007 View Post
                        I did addressed it in my trial but it was denied.
                        What makes you think that taking a second run at it as a defamation lawsuit is going to be any better? Generally, the weighting of evidence in Family Law is looser than in a defamation lawsuit. This just tells me that you are going to have even LESS success arguing your case. On top of that, you have to learn civil procedures and whole new sets of legal standards.

                        You don't clean up vomit by throwing shit on it.

                        Comment


                        • #27
                          Originally posted by Tayken View Post
                          What makes you think that taking a second run at it as a defamation lawsuit is going to be any better? Generally, the weighting of evidence in Family Law is looser than in a defamation lawsuit. This just tells me that you are going to have even LESS success arguing your case. On top of that, you have to learn civil procedures and whole new sets of legal standards.

                          You don't clean up vomit by throwing shit on it.
                          Tayken, trial was only for the equalization payment and the fact that she made false allegations to kick me out of the house had nothing to do with my entitlement to the house equity. None of those evidences, and all the one related to the children were not admitted in Court as they had no utility. (she accepted my last offer on custody and access to avoid the trial on this matter so the exhibit book was of no use)

                          Now, it's a different case as it was never debated in front of the court. The rules states that matters that were addressed in Family Court cannot be brought a second time in any other court (except for appeal). Those issues are completely different, they have never been raised to the court and are therefore to be considered as new items to be dealt with in court. It doesn't matter if she accepted the offer out of Court, the debate on her malicious behavior is still wide open.

                          Comment


                          • #28
                            Sorry people I only read the first 2 pages before jumping in to reply.
                            There is some misinformation as I understand it. I'm not a lawyer, but have sued someone for defamation.

                            First Deformation is broken into two sections.
                            Slander and Libel, the difference is written and spoken.

                            There is a test one has to meet.
                            Deformation is different than most torts, if you meet the test damages are assumed by the courts, one does not need to prove the loss.

                            The definitive case on deformation is Hill vs. Church of Scientology.
                            https://scc-csc.lexum.com/scc-csc/sc.../1285/index.do

                            Some important quotes
                            See also Derrickson v. Tomat (1992), 88 D.L.R. (4th) 401 (B.C.C.A.), at p. 408.
                            (ii) The Reputation of the Individual

                            107 The other value to be balanced in a defamation action is the protection of the reputation of the individual. Although much has very properly been said and written about the importance of freedom of expression, little has been written of the importance of reputation. Yet, to most people, their good reputation is to be cherished above all. A good reputation is closely related to the innate worthiness and dignity of the individual. It is an attribute that must, just as much as freedom of expression, be protected by society's laws. In order to undertake the balancing required by this case, something must be said about the value of reputation.

                            108 Democracy has always recognized and cherished the fundamental importance of an individual. That importance must, in turn, be based upon the good repute of a person. It is that good repute which enhances an individual's sense of worth and value. False allegations can so very quickly and completely destroy a good reputation. A reputation tarnished by libel can seldom regain its former lustre. A democratic society, therefore, has an interest in ensuring that its members can enjoy and protect their good reputation so long as it is merited.

                            109 From the earliest times, society has recognized the potential for tragic damage that can be occasioned by a false statement made about a person. This is evident in the Bible, the Mosaic Code and the Talmud. As the author Carter‑Ruck, in Carter‑Ruck on Libel and Slander (4th ed. 1992), explains at p. 17:

                            Damages
                            (2) General Damages



                            164 It has long been held that general damages in defamation cases are presumed from the very publication of the false statement and are awarded at large. See Ley v. Hamilton (1935), 153 L.T. 384 (H.L.), at p. 386. They are, as stated, peculiarly within the province of the jury. These are sound principles that should be followed.


                            165 The consequences which flow from the publication of an injurious false statement are invidious. The television report of the news conference on the steps of Osgoode Hall must have had a lasting and significant effect on all who saw it. They witnessed a prominent lawyer accusing another lawyer of criminal contempt in a setting synonymous with legal affairs and the courts of the province. It will be extremely difficult to correct the impression left with viewers that Casey Hill must have been guilty of unethical and illegal conduct.


                            Anytime one is thinking of suing for deformation should review this case.

                            Comment


                            • #29
                              DEFAMATION people - not deformation

                              Comment


                              • #30
                                Originally posted by arabian View Post
                                DEFAMATION people - not deformation


                                Hahaha that is all


                                Sent from my iPhone using Tapatalk

                                Comment

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