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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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  #1  
Old 06-04-2019, 12:10 PM
YoungDad23 YoungDad23 is offline
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Default Father finds out the hard way that bad faith can cost you big time in court

From today's National Post. Interesting case in Ontario Superior Court.

Wouldn't it be great if more high conflict litigants were appropriately punished for bad faith in family court!

https://business.financialpost.com/p...box=1559661257

CanLii Links:

Case

https://www.canlii.org/en/on/onsc/do...&resultIndex=1

Costs Decision

https://www.canlii.org/en/on/onsc/do...&resultIndex=2
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  #2  
Old 06-04-2019, 12:38 PM
iona6656 iona6656 is offline
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wow....

ew. is all I could think. This poor little girl to have this guy as her father.

also- wtf@ their salaries being so low. I guess rich people really do know how to hide their assets.

That is paltry CS for this little girl to get, considering her father's profession.
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Old 06-04-2019, 12:46 PM
iona6656 iona6656 is offline
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also wtf@ his lawyers. all the straight-up bad faith in this litigation...sounds to me like a law society complaint should be made about them...you have an obligation to not file false affidavits in court- conduct yourself within the Rules of Professional conduct...doesn't sound like- to me- they were doing that.
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Old 06-04-2019, 01:12 PM
rockscan rockscan is offline
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They are both in their residencies, thats why their income is so low.

What I find interesting about this case is that mothers pull these stunts all the time. Will this decision impact those cases where moms make false allegations and use them as the basis for a false status quo? Or is this decision because it was a man? Not that I want to say Iím bashing either sex, just that you hear about cases where mothers do this often yet this is the first Iíve seen involving a father withholding and making false allegations.
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Old 06-04-2019, 01:16 PM
iona6656 iona6656 is offline
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Quote:
Originally Posted by rockscan View Post
. Will this decision impact those cases where moms make false allegations and use them as the basis for a false status quo? Or is this decision because it was a man? Not that I want to say Iím bashing either sex, just that you hear about cases where mothers do this often yet this is the first Iíve seen involving a father withholding and making false allegations.
Let's hope so....if you make a false allegation to gain an advantage - these should be the repercussions you face.
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Old 06-04-2019, 02:13 PM
Mom 2 Two Mom 2 Two is online now
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Quote:
Originally Posted by iona6656 View Post
Let's hope so....if you make a false allegation to gain an advantage - these should be the repercussions you face.


How about stating on your financials that you have health benefits for yourself and the children. With a cost associated to it. Then when disclosure is asked and an endorsement is signed by the judge dad admits he lied and does not have benefits???

Just the start of disclosure!!


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Old 06-04-2019, 03:46 PM
YoungDad23 YoungDad23 is offline
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Quote:
Originally Posted by iona6656 View Post
Let's hope so....if you make a false allegation to gain an advantage - these should be the repercussions you face.
I sure hope so!

Mother of my S5 is making noises that she is warming up to reopen litigation with more false allegations and has been trying to goad me into conflict by email and intimidate me by having her new husband do exchanges of kid instead of her under the guise that she feels "threatened".
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Old 06-04-2019, 11:06 PM
tilt tilt is offline
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Will this decision impact those cases where moms make false allegations and use them as the basis for a false status quo?

I guess you didnít read the cost Order, where it specifically relied on the prior Karar v Abo-El Ella - citing it as a time a mother demonstrated bad faith (the other citation, Kaverimanian v. Kaverimanian is a father demonstrating bad faith). The Courts are not biased against Fathers, notwithstanding the cries of the MRAs.
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Old 06-05-2019, 09:20 AM
HammerDad HammerDad is offline
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Quote:
Originally Posted by YoungDad23 View Post
intimidate me by having her new husband do exchanges of kid instead of her under the guise that she feels "threatened".

IMO your attitude to this should be, you don't care who does the exchanges. You only care that the exchanges happen and that you have as little interaction as possible (no matter who happens to be there).
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Old 06-05-2019, 09:29 AM
rockscan rockscan is offline
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Yep what Hammerdad said. You could even take it a step further and lay it on thick. ďLook whoís here! Momshusband! Are you excited to see him?Ē Lol
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