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

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  #11  
Old 05-04-2016, 10:28 AM
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Tayken Tayken is offline
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Quote:
Originally Posted by Mr Green View Post
Are such relevant letters admissible at a motion?
You can attach them to your affidavit. Judges won't consider them though generally. You are better off getting an affidavit that is sworn to the truth. That is the best thing to do. But, remember, the other party will call the person providing the affidavit to have them cross examined (or to something called discovery).

Many people get affidavits from their friends and they never show up to back up their affidavits in court. The judge will toss the affidavit quickly if the witness is not called by the submitting party.

Good Luck!
Tayken
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  #12  
Old 05-04-2016, 02:35 PM
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LovingFather32 LovingFather32 is offline
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Default Pure Fact!!

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Originally Posted by Beachnana View Post
If your ex has accused you of drinking and taking drugs get a clean blood test.

If your ex has accused you of physical abuse then She has to bring the evidence forward. Does she have any? Mixtures, police reports, witness? If not just state it's not true.
Read and digest the above^^^^

I was accused of everything under the sun.

1. Drugs/alcohol:
  • Weekly urinalysis, Hair Follicle, Liver enzyme (detects binge drinking), letter from Family Dr explaining all the results

2. Abuse: Onus is on her to prove.

Drugs/Alcohol/Abuse are on every scummy lawyers template ready to use in every case. Judges are cognizant of this. Their case doesn't have to be good .. it has to be GREAT!

I had no character reference letters. Pure fact!
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  #13  
Old 05-09-2016, 02:17 PM
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Tayken Tayken is offline
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More on hearsay evidence from character witnesses...

Spry v Esteves, 2016 ONSC 2842 (CanLII)
Date: 2016-04-29
Docket: 854-13
Citation: Spry v Esteves, 2016 ONSC 2842 (CanLII), http://canlii.ca/t/gpqlw

Quote:
[14] Counsel wisely agreed that all witnesses’ evidence in chief was to be by affidavit, supplemented by brief questioning in chief and then each witness was cross-examined. This is good practice and should be encouraged.

[99] Both parties filed affidavits from friends and family. As one would expect, they are supportive of the parent on whose behalf they are filed. As one would not expect, they are full of hearsay. If a family member filed an affidavit, they were cross-examined as to bias. If a family member did not file an affidavit, I was asked to draw an adverse inference that they would not have given favorable evidence. Damned if you do; damned if you don’t. They were, by and large of little benefit to me but I will give a sense of what they were supposed to tell me.
What he had to say about the affidavits (some quotes):

Quote:
[103] ... this is very old evidence in any event.
[108] ... That does not help me much with the present problems with which I am left to deal.[111] This is of little use to me.
[116] This evidence does not assist.
This case law has lots of good stuff...

Quote:
[17] Mr. Esteves points out that while he acknowledges the good qualities of Ms. Spry, her material does not acknowledge any positives in him. That may well be. The judge in any trial only needs the evidence relevant to the issues to be determined. Ms. Spry has complained about several matters. I can presume that, other than those issues, Mr. Esteves is a competent father. If family litigants were required to set out everything upon which they agree along with everything they disagree, litigation will be even lengthier and more costly than it is already.
I often get a lot of messages from people complaining that the other parent has nothing good to say about them. Justice Lemon has summed up my new canned response quite nicely to those who lament about it.

Good Luck!
Tayken
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