J.K. v. W.R.N, 2016 ONSC 3179 (CanLII)
Date: 2016-05-13
Docket: FS-14-394522
Citation: J.K. v. W.R.N, 2016 ONSC 3179 (CanLII)
http://canlii.ca/t/grpzs
Too much to cite on this one. I will need to read it a few times over to provide a proper analysis but, I leave this para for the "domestic violence" people to ponder:
There is a lot of interesting stuff. The analysis of the Section 30 assessment is really well done. I have always maintained that these "experts" need to read more case law. The judge points this out in a very polite way by citing some case law we are all familiar with. (Not WD but, the case he relied upon that I often cite when someone tries to pull the "unable to communicate" card.)
Good Luck!
Tayken
Date: 2016-05-13
Docket: FS-14-394522
Citation: J.K. v. W.R.N, 2016 ONSC 3179 (CanLII)
http://canlii.ca/t/grpzs
Too much to cite on this one. I will need to read it a few times over to provide a proper analysis but, I leave this para for the "domestic violence" people to ponder:
[215] Before leaving the issue of custody, I recognize the Applicant’s argument that she has suffered domestic violence perpetrated by the Respondent such that this conduct should properly impact an award of custody and access, pursuant to s. 24(4) of the CLRA. She relies on the cases considering domestic violence in the context of exclusive possession of the matrimonial home: see Family Law Act, R.S.O. 1990, c. F.3, s. 23(3)(f); Hill v. Hill (1987), 10 R.F.L. (3d) 225 (Ont. Dist. Ct); Kutlesa v. Kutlesa (2008), 2008 CanLII 13187 (ON SC), 52 R.F.L. (6th) 164 (Ont. S.C.); and Menchella v. Menchella, 2012 ONSC 6304 (CanLII). I agree with the Applicant’s submission that domestic violence can be demonstrated on social media and by use of electronic communications. I also agree that the Respondent’s electronic communications to the Applicant were at times vulgar, offensive and threatening. The worst of the text messages came in April 2014, after the first time the Applicant left the matrimonial home without notice, taking M.N. to Ali’s home and after she had consulted with a lawyer. This was the same month that the parties had a terrible fight leaving the Respondent and M.N. with scratches. The Respondent’s electronic communications cannot be assessed in isolation. They are part of a broader picture of two parents bitterly fighting to control the process of separation and the custody of their daughter. This is not to excuse the Respondent’s communications. His response to the Applicant and her supporters was not acceptable. In this context, however, in my view, it would be a mistake to characterize such communications as domestic violence or abuse.
Source: J.K. v. W.R.N, 2016 ONSC 3179 (CanLII), par. 215, http://canlii.ca/t/grpzs#par215
Source: J.K. v. W.R.N, 2016 ONSC 3179 (CanLII), par. 215, http://canlii.ca/t/grpzs#par215
Good Luck!
Tayken
Comment