Case Law - Wow, I am at a loss for words...

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Tayken

Tayken

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Hi All,

I am sad to report that the search term "internet whore" now produces case law on CanLII.

CanLII - Search all CanLII Databases

For anyone concerned about what happens when a partner gets upset about a new relationship and what *not* to do in that situation... Feel free to read that case law.

It is a sad day when our public case law reporting system can return a result on the search term "internet whore". I thought that "dick head" (Bruni v. Bruni) was bad...

Yoda says: http://www.youtube.com/watch?v=kFnFr-DOPf8

Good Luck!
Tayken
 
Tayken said:
Hi All,

For anyone concerned about what happens when a partner gets upset about a new relationship and what *not* to do in that situation... Feel free to read that case law.
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Horrible behaviour on Mom's part, that didn't seem to have hardly any ramifications when it came to the case outcome. That really bothers me.
 
the comment on bad behaviour on the.... It is made clear that in our system what we did or didn't do, say, think, slept with, ran out of examples but they do not impact the settlement which is based on a fair division of property so that both partners leave with as close to an equal gain in net wealth, or loss as a result of the union. Child upbringing and support is trump.

So unless our activity is so bad that a court would need to take it into consideration when it comes to the children or possible safety of the other spouse...... It should not impact the results. I believe I have that right???
 
dad2bandm said:
Horrible behaviour on Mom's part, that didn't seem to have hardly any ramifications when it came to the case outcome. That really bothers me.
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How can there be ramifications that affect the mother and not the children? Why should the children suffer (any more than they already have for losing their Dad) because their mother is a bitch?

I really like this judge's decision, especially the part at the end where he recommends the mother provide the whole thing to the children before they stumble across it on the internet. I hope that this opens their eyes and they reach out to their father.

Reading between the lines though, it looks like the mother has been living off the CS for years and years. Someone's in for a rude awakening when the second child finishes university.
 
That judgment seems very fair. His daughtesr will stil have their university paid for, in the majority, which will help them both in the long run. No matter how my son felt about me I would want him to be able to have a university education. And Mom gets cut off after hurting the relationship, which is fair as well.

Could the Dad have asked the judge to order that his daughters have counselling with him when they were younger?
 
my earlier post I did so without reading the link.... which I now have, slowly. I am glad I did. In the end, the father is a person that many can look up to in terms of being human, not perfect, but one who continued to hope for what may never be, due to the willingness of a narrow minded ex spouse to stop at, well, nearly nothing; including using the children for her benefit at their ultimate loss - and today I would bet she still does not understand this or even going so far as not getting the hint the judge was really making "behind the lines" as one poster said.

Sadly, this story appears to mirror the difficulties some of our own forum members - and one who I will always remember. What the system is also capable of accomplishing when some decisions are brought down in our courts. Financial ruin and as in this case, alienation to the very core of what we do, or should, find as the only issue and that is the children. To do so I strongly feel that it takes two parents, some children are not so lucky as to only have one, or sadly none but with no doubt in my mind, as I have been blessed with an ex who is as low as this mother - in many ways even lower, but in the end I can see no worse thing a parent, an ex spouse can do to their children and the right these kids have to have to enjoy what each parent, in their own ways, have to offer them.

Every day I try my best to do what I can to correct this wrong in my life although I admit my ex's need to fill her fantasy with a FALSE DV charge for her ultimate goals has severely limited what I am able to accomplish. The truth? Just like the father here, there is no desirre to get back at the other parent, I just want to have a fair chance, for the sake and benefit of our children and might one day be grand children.

I hold my glass up to a father that - I hope to have the strength this man has shown all those years......
 
Rioe said:
How can there be ramifications that affect the mother and not the children? Why should the children suffer (any more than they already have for losing their Dad) because their mother is a bitch?
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To paraphrase an often quoted decision on this site, alienating your kids from the other parent gives you a serious set of wings.
 
DadwithSon said:
Could the Dad have asked the judge to order that his daughters have counselling with him when they were younger?
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This can happen. My friend was alienated from his son by his b**ch ex wife. She ended up being ordered to pay the costs of the therapist for the two of them. She spent a pretty penny.
 
wretchedotis said:
Ha. Tres drole.

EDIT-

Ummm... why were you searching 'internet whore' anyways?!?

LOL ;)
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I read all the case law for Family Law from the Honourable Mr. Justice Czutrin. As the lead justice in the Toronto Superior Court, Family Law the Honourable Mr. Justice Czutrin hears the most interesting cases as trial judge.

As well, I always read all the case law from the Honourable Mr. Justice Pazaratz and a specific list of justices as well...

Good Luck!
Tayken
 
I just read it. Yes, it's quite the case! I couldn't help but wonder how the GF felt about being entangled/mentioned in this mess. Ugggh. But then again, my ex's wife does not seem to mind and she is mentioned by name, often (in our decision).

The emails from the daughter to her father in this case were very caustic. It is a sad case all around.
 
sahibjee said:
this case makes one thing clear for sure, if you have the kids, you can be a bi***! and no harm will come to you!
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Yeah, in general, I'd really like to see people that try to pull stunts like this get consequences such as intermittent sentences, in jail for the alternate weekends they don't have their kids (if that applies), that sort of thing. Or community service, which their kids could see them going off to do, and perhaps learn to be more charitable.

But in this case, the best the judge was able to do so that the children weren't affected was order that the CS only be paid for the child at home, and that the section 7 split of university expenses be considered the living expenses for the child away. The proportional split was also fixed at 75-25, no matter what income increase the father may have. So the money train is slowly starting to pull out of the station. Unfortunately, it's the second child who may suffer if the mother is unable to budget for this.
 
So, if a 14 year-old alienated child says that she does not want to see her father, the courts will order otherwise?

That would be a surprising... but wonderful, ruling.
 
couldn't help but wonder how the GF felt about being entangled/mentioned in this mess. Ugggh. But then again, my ex's wife does not seem to mind and she is mentioned by name, often (in our decision).
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Hadenough:

I think there are new gf's and wives that sometimes really enjoy the drama of being caught up in their new partner's divorce situation. I've seen it many times. I think the dysfunctional ones think they've caught a 'prize' and enjoy getting embroiled in the mess. It generally causes major havoc for everyone involved...especially the children.
 
So, if a 14 year-old alienated child says that she does not want to see her father, the courts will order otherwise?

That would be a surprising... but wonderful, ruling.
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The court definitely should if its interested in the "best interest of the child." 14-year old kids need both parents.
 
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