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  • first day in court

    my lawyer had the opportunity to put my case before a judge yesterday, and I am very dissolusioned with the canadian court system. I am on long term diisability and have had significant worsening of the illness due to the stress of the divorce proceedings. Two specialists had written letters to the effect that being cross examined woold caise me a great deal of stress and possibly to the point of life threatening illness.
    The judge that looked at my case did not agree and she ordered me to be cross examined, however I don't know whenter I am willing to risk my life or my eyesight or any other sense that I have a chance of losing permanently.
    I thought that a disabled persons under the canadian charter of rights and freedoms was able to do interoggatories or send a proxy in my place.
    So now i have to discuss with my physicians whether I am going to give up spousal support and 38,000 dollars worth of back child support , costs plus 40,000 dollars that he stole from our bank account when he left me.
    The day he left I had just returned home from hospital after treatment that leaves one bedridden for weeks. He planned everything so that he was able to take as much cash as he could the day he left, and now I will have to lose my savings for the future or risk my life. Anyone out there have an opinion?

  • #2
    I do not understand why a court judge would not give some concern to a party’s physical welfare.
    Here is an excerpt from a judges perspective on the law surrounding competence.

    The general legal test for capacity is described by Justice Powell in PY v RJS & Others7, “A person is not shown to be incapable of managing his or her own affairs unless, at the least, it appears a) that he or she appears incapable of dealing, in a reasonably competent fashion, with the ordinary routine affairs of man: and b) that, by reason of that lack of competence there is shown to be a real risk that either: 1) he or she may be disadvantaged in the conduct of such affairs or 2) that such monies or property which he or she may possess may be dissipated or loss: … It is not sufficient, in my view, merely to demonstrate that the person lacks the high level of ability needed to deal with complicated transactions or that he or she does not deal with even simple or routine transactions in the most efficient manner..”

    I also do not understand why the court would not offer an alternative to person-to-person cross examination.
    If a person cannot be present for a trial date, they can request that a written statement be entered, albeit this does not allow the other party the opportunity for cross, but it has been permitted in the past. Similarly if a victim of physical abuse is expected to be present for a trial date (I was an abused wife so I was in this position), are permitted to be in a completely different room during any proceedings so as not to be emotionally tormented by the ex partner. I was permitted to only enter the court room when the ex was not present, and the questioning was not allowed to escalate to the point that it caused further stress and anxiety.
    If they are willing to accommodate for this situation, why not for yours? Particularly given that you have medical professionals supporting your position!!
    Ask your lawyer if you can take the same approach in the trial as they would afford a victim of abuse. Maybe a lawyer could make the request on your behalf???

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    • #3
      first day in court

      Hi thanks for your reply I am an abused ex wife. My ex actually staljed me for months then gained access to my apartment and raped me. I cannot be in the same room as him or his counsel. His counsel is saying that I am lying about my income in my affadavit so I provided my tax summary and all of my cancelled cheques for rent, etc. Thier response was that i doctord them somehow? His counsel keeps making enything up as he goes along and the judge is going for it. Like I said before, our justice system totally lacks the capacity to deal with people that are disabled and disadvantaged.

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      • #4
        Feel free to PM me ANY time.
        I've been there, and can honestly say I now see the light at the end of the tunnel!!
        Chin up, it WILL get better!
        I know how horrible the family law and even criminal law seems to be working in his favour, If only I had found this site before I went through all of that.

        There are far too many laws to protect the rights of these kinds of people.
        They have no conscious, they feel no guilt, and nothing is their fault!
        I personally have been through the ringer in the family law court, he could charm the boots off of anyone, so charming, so honest looking, it made me want to toss my cookies.

        But you found this site; you'll be armed with knowledge, so try not to let his scare tactics get to you. That is all they are. His lawyer is being paid to say and do the things that he is doing to you to win his clients case. If he can scare you enough you'll give in and then he wins again.

        I gave up allot just to be free of this man and his stalking and death threats, (he even hired a person to kill me and burn down my home), but guess how's rights were protected?
        I’m lucky to be alive, all that I have been through have made me who I am today, and I am stronger for it, I tell myself this often, you should too. Get through this so you can look him in the eye and say “thanks”, because of you I am a strong productive member of society, and then, (if I may coin a phrase) pay it forward.

        Anyway, this is a VERY sensitive topic for me, so feel free to PM me anytime you need an ear or sounding board!

        Comment

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