HELP: Can STBX (Respondent) amend pleadings after 4 years for damages ?

plainNamedDad44

plainNamedDad44

New member
Hi Community,

Some of you may remember me as the single dad of 4 children trying to get them back and ended up with all 4 of them living with me full time and the OCL squarely on my side.

some of you may also remember that my matter involved me assaulting my STBX (please don't judge, extenuating circumstances) to which I took full responsibility and for which I was given a discharge.


4 years later from the date of separation, things are now focused on the financial end. In this regard, the STBX's current counsel is looking to amend STBX pleadings claiming all kinds of soft injuries like PTSD and Depression. They are also seeking punitive damages. The amount they are seeking is terrifying and would leave me near with nothing.

I have the following questions:

Can they have the pleadings amended after so long ? It appears that the Limitations Act 2002 applies, as she has had counsel for the past 4 years.

This sounds horrible but my kids witnessed it and know what really happened. Can they be witnesses ?

STBX has found some "expert" willing to support her claim. Of course she is paying him. What can I do about him ?

Any help would be greatly appreciated.

PND
 
I am so screwed.

I am so screwed.

Tayken said:
Sounds like a tort action/claim. Yes, they can do it.

When should domestic violence victims sue their abusers? - LawNow

http://mpllp.com/uploads/Publications/FamilyLawQuarterly.pdf

Can You Get Damages for ?Emotional Distress? in Family Law? | FamilyLLB - Ontario Divorce & Family Law Blog
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Taken, yes, it appears your correct. There appears to be no time limit for domestic assault. I would gladly offer to settle but the claim is stunning. Nuclear. It damages would leave me with nothing.

Here claims are egregious, how do I fight this !? Also, with the recent change in the Limitations Act saying there is no time limit for domestic violence, doesn't this open courts up to a ton of litigation ?
 
I wouldn't worry too much about it. I asked my lawyer about this and he said that it's still very difficult to bring up in family court, costs a ton in legal fees and is reserved for the most heinous of domestic assaults.
 
Stillbreathing said:
I wouldn't worry too much about it. I asked my lawyer about this and he said that it's still very difficult to bring up in family court, costs a ton in legal fees and is reserved for the most heinous of domestic assaults.
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Thanks SB. The children saw what really happened. They are old enough to swear affidavits. Is this a bad idea?
 
Btw , my kids suffered breach of fiduciary care at hands of there mother, by allowing abuse by the maternal grandfather. Can they sue ? I am flailing, I admit
 
This sounds like a situation where you ex wants to exact some sort of payback.

If you assaulted your wife 1 x and were charged and charges were dismissed then I don't see how her claim would stand up.

I seem to recall that your ex is wealthy? Abuse of her position of power/wealth to financially ruin you?

I wonder if a summary judgement would fit?

What sort of documentation has been served on you?
 
You need a lawyer that specializes in civil cases. In most situations, if there was no conviction the civil case doesn't go forward. You may want to go for a consultation just to see what you're in for. Your ex will have to prove her injuries and you would have the option to counter that. Your kids could testify for either side depending on if they were called and don't kid yourself, your ex would call them.

You may also be able to counter sue or have the kids sue for damages for what they had been through but that an ambulance chaser kind of situation and will only lead to more emotional damage.

I would definitely recommend you seek out a civil litigation lawyer and get some advice. You cant self rep in this instance. It would be catastrophic.

Part of me wants to recommend you threaten to file charges of abuse against the grandfather if she goes forward with this claim but that may be bad advice...
 
rockscan said:
Part of me wants to recommend you threaten to file charges of abuse against the grandfather if she goes forward with this claim but that may be bad advice...
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Yup. It is bad advice.

Threatening Criminal Charges is Extortion - Criminal Lawyer in Toronto | Stephen Jack

Doing that is called Extortion. :(

Never ever ever ever threaten you will bring criminal charges in a civil suit. It is a huge no-no.

If someone does something illegal you need to call the police. You don't use it to extort the other party in your civil legal matter.
 
What if I just proceeded to launch a civil action on behalf of the children siting breach of fiduciary. There is plenty of evidence by way of the OCL . I am just looking for some leverage. Again forgive me all. I am still in a state of high anxiety
 
Talk to a lawyer. Im telling you, civil cases are so much different than family law and you will need the legal advice. Even if its just an hour going over what to expect. Or as a last resort, maybe speak to duty counsel.
 
Has your ex started legal action against you or is this just threats via text/email?

If so, what has she served you with?
 
plainNamedDad44 said:
What if I just proceeded to launch a civil action on behalf of the children siting breach of fiduciary. There is plenty of evidence by way of the OCL . I am just looking for some leverage. Again forgive me all. I am still in a state of high anxiety
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Make them sever the tort from the family law proceeding and hold until the family law matter is complete. Then you will have the evidence from the family law order to rely upon. They are simply trying to complicate the situation by doing this.

You should retain a lawyer to assist you. This is way complex stuff to deal with.
 
Tayken said:
Make them sever the tort from the family law proceeding and hold until the family law matter is complete. Then you will have the evidence from the family law order to rely upon. They are simply trying to complicate the situation by doing this.

You should retain a lawyer to assist you. This is way complex stuff to deal with.
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Thanks T. Looking for one, but its a difficult choice looking at LawyerRatingz.com. I just spoke to someone today on a free half hour consult, I liked him, but I look him up and many reviews say he's dishonest and incompentent. I see alot of the phrase "Churn and Burn" in the reviews.

I offered a prepaid limited retainer for this tort stuff. I think I have handled the past 4 years just fine on my own.
 
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