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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 02-06-2018, 06:14 AM
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Also my evidences are not based on affidavits that are full of craps. They are only based on cas reports, police reports, school involment and pictures. All real facts.
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  #12  
Old 02-06-2018, 08:39 AM
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Quote:
Originally Posted by mafia007 View Post
Also my evidences are not based on affidavits that are full of craps. They are only based on cas reports, police reports, school involment and pictures. All real facts.

Well I'm relieved you aren't trying to pursue this in family court, so I stand corrected and apologize for my incorrect "assumption."

It will be interesting to watch your case(s) in civil court unfold. I do hope you are not denied a decision and merely bounced back to family court.

If you are successful in having your matter heard in a civil court then I would postulate that much debate would be on how to surmise your damages... how does one put a value on denied access to children? In defamation or slander cases one typically has to produce irrefutable evidence of financial loss (if you are seeking a financial award). Often one only sees an retraction of a statement buried in a newspaper.

With regard to your relationship with your children changing due to alleged defamation by your ex, you have to be able to quantify this (put a price on it). How does one do that? You have to be able to show a quantifiable financial loss I believe.

With regard to your not being happy about outcome of something in a previous order - look up res judicata - what has been tried, and legal decision rendered once, cannot be tried again. My ex loses, time and time again, on this simple matter. Actually, in my reply statements to his never-ending litigation I simply state this. Would moving your issues to a different court (civil) give you leave to abandon this?

Finally, I don't agree with other posters just to agree. I could care less what other people post. If you've been on here long enough you would know that.

I do look forward to continuing to read your posts with regard to any civil litigation you pursue.
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  #13  
Old 02-06-2018, 09:11 AM
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And this would be on another thread as this one is intended for the Appeal that the other party have initiated.

Since I forwarded my material yesterday to the Court of appeal in Toronto, my next step is to wait for a Motion file # and for the reply of the other party. Motion is only scheduled at the end of the month as my exís lawyer is very busy. Not available = delays. I would like to see his agenda.
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  #14  
Old 02-06-2018, 09:32 AM
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As Ive stated, if you ex has control of your childrenís feelings and attitudes toward you then any win will be hollow as they wont see a win as you being a good guy. Teens are easily influenced and if they feel the parent they are being manipulated by is being targeted or hurt, they will push themselves farther away. If this move is simply for your own feeling of vindication, go for it. If you are doing this to turn your childrenís feelings, it wont work.

You can rail against me all you want but I was that kid. I was turned against my father. Everything he did whether it was right or wrong, it made me hate him more. It wasnít until I was in my 20s before I saw through it all and understood. What happened to you was wrong and what she continues to do is wrong but continuing to fight is not healthy for anyone.
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  #15  
Old 02-06-2018, 10:25 AM
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I suffered harm. Financial harm. Emotional harm. Loss of enjoyment of my home. Loss of enjoyment of children. Loss of enjoyment of my work. All because of false allegations of DV.

Yes Iím a man. And because of my gender, I should not seek for justice and I should back away and live as if nothing ever happened. I should accept that the women always get away with this crap without consequences. I should accept that there is no justice for us and that iím only part of Canadian statistics. I should do as do all men. Which is to do nothing.

At this point in time, the media are reporting daily acts of sexual assault on women that have taken place in the past. What is the situation when the allegations are unfounded?
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  #16  
Old 02-06-2018, 12:59 PM
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You are wasting your time with a liable / slander lawsuit.

http://www.advocatedaily.com/defamat...law-cases.html
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  #17  
Old 02-06-2018, 01:10 PM
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Quote:
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.

Quote:
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?

Quote:
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?

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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!

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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!!!!!!!!!!!

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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.

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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.

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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".

Quote:
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.

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

COURT IS NOT FAIR FOR PARENTS.

Quote:
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.

Quote:
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!!!!!!!!!!!!!!

Quote:
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!
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  #18  
Old 02-06-2018, 02:12 PM
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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$? The joint account with her father is bullshit. Sheís over 40 years old and still share an account with daddy? Appeal for 5k$ 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 couldnít lie. To win, I would have had to say ę I wasnít aware it was a joint account with her father your Honour! Ľ But that isnít me. You see, I didnít get all what I wanted. But I got the most important issue with the equity vs my pension. And I donít 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  
Old 02-06-2018, 02:17 PM
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Also, all related to the children, access, custody, support, insurance, wasnít part of the trial so a lot of evidence were not of concern.
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  #20  
Old 02-06-2018, 02:38 PM
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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.
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