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Tom B.
Tom B., Barrister & Solicitor
Category: Canada Criminal Law
Satisfied Customers: 13
Experience:  25 years in practice.
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Submitted: 1 year ago.
Category: Canada Criminal Law
Customer: replied 1 year ago.
Divorced civil June 2009 simple uncontested with 2 out of court settlements for matrimonial property and Get (Jewish Divorce) both breached by the husband. first settlement partially completed and left in suspense than breached by husband pretending I refused Get. He used this perverse allegation to restart the civil litigation under Section 21.1 of the divorce law (barrier to remarriage) and contempt of Beit Din ruling. He planted his own offenses on me, to use the Get as a tool for extortion. With help of a crooked lawyer who became part of the scamming team and his concubine who acted secretly as the "applicant" in all court document submission, he succeeded through his lawyer to strike my pleadings in ex parte trial, based on a fraudulent premeditated contempt of court for non-compliance with court orders. Those documents deemed to be not in compliance with, exist, were served to his lawyer in a timely basis, contained a Respondent motion for Summary Judgment to dismiss the case built on false and fabricated premises with solid evidence provided, The lawyer made sure my documents don't reach the court for several court hearings.
I simplify the story to get to the question. I am struck out of court. The lawyer ordered in my absence the sale of joint property, and sold it with court order she obtained on sole signature of my ex husband. The property was purchased with my premarital assets and maintained at my cost over 35 years. He never contributed and was in total default on mortgage payments left on my care. I designated this property as retirement income but my plan was collapsed in the eve of my retirement by action of my husband who was secretly planning to divorce and leave the marriage with all he can grab.
The property was fraudulently charged by the lawyer for more than my rebuilt equity after my husband total depletion. The sale of the property proceeds were in her trust account and went to pay her legal fees.
I have been turned away by several lawyers who could not help me once there is a court order. I prepared depositions for the provincial criminal court but were not taken in because the orders came for their superiors and could not cross superior judges.
The evidence of fraud is overwhelming. I tried to bring it in motion in court, but the Family law no fault legislation treats it as irrelevant.
The lawyer breached the law and breached the court orders, obtained cautions and CPL on forged documents, obtained award in motion for costs based on highly deceitful and corrupted submissions. It passed under radar and accepted by judge prima facie, without minimal due diligence to verify the facts.
My question: I am preparing a Form 31 Notice of contempt motion and in spite of being ex-partied.
I need to bring it to the attention of the trial judge, before the lawyer dilapidate all my life possessions and those of my children (The children were sued in divorce litigation for their personal property my ex his lawyer called as net family property) in the upcoming trial uncontested by absentee Respondnt.
This scam for extortion must be stopped. What do you suggest?
Note neither of the properties involve had any monetary contribution from my ex, ever.
He abused the divorce law to destroy a family for the opportunity to leave with assets he never ever was able to achied otherwise. (Ther is a failed murder attempt in his repertoire and depleation of 3 properties)
Customer: replied 1 year ago.
The case is in family court and was also dragged by the lawyer in secondary fronts in criminal court. The family court seems to be irresponsive fo criminal activity rendered irrelevant. Please check with a civil lawyer or criiminal lawyer
Expert:  Legal Ease replied 1 year ago.

Before I begin looking at this question can you let me know whether you also posted another question saying that you did not want a family lawyer to answer? I already responded there and I cannot respond to two posts for you if they are about the same question.

Customer: replied 1 year ago.
I did not get any answer so far. my added line to the original letter referred to the same issue, except I realised after I sent that you offer a family law lawyer advice, The case is no more family law. should not be there in the first place. That's why i came back to make that note, It is not a new question.
Expert:  Legal Ease replied 1 year ago.

I have just now had the opportunity to read all of the post. I am a family lawyer and if you are more concerned about the civil and criminal law aspects it is best that I opt out.

Customer: replied 1 year ago.
Since the question came to you, do your best to show how a family law lawyer will approach this issue.
There was confusion with two sets of transmission for the same question, and since last night I did not get an answer, only back and forth setting in the right path.
If you have a good helpful idea please shares it. One of the question I posed was how I approach the court when I am ex-partied (wrongfully) for “contempt of court” that never was. I am preparing a Form 31 Motion of contempt, exposing the misconduct of the opposite council in fabricating to contempt, to kick me out from court and deplete my property uncontested. She has already obtained an order to sell and a property behind my back to pay her astronomic legal fees.
She is preparing behind my back to gobble more. A trial is due soon in my absence and I have to stop this butchery.
Expert:  Legal Ease replied 1 year ago.

I can try and help.

When you say the contempt application was brought on an ex parte basis can you explain what the reasoning was as generally when there is a contempt application the person has to be served personally.

Customer: replied 1 year ago.
My reply to Legal Ease
The notice of Motion to strike my pleadings including answer and claim (5 years worth of documents) in ex-parte basis was justified by “contempt of court” for not providing court documents requested on December 2013 for initial meeting with appointed Trial Judge for Trail Scheduling Conference of January 23, 2014.
I prepared and served the court ordered documents as requested ready for January 23rd The service of the documents the other lawyer was done by email, obviously ahead of filing in court.
Those documents contained my leave for a motion for Summary Judgment based on new and conclusive supporting evidence surfaced at the Applicant Examination for discovery confession of the Applicant/ ex-husband that there was an out of court settlement in 2008 he breached.
The current litigation (January 2011) was an abuse of the system conspired by the by the husband, his lawyer and his mistress, as an amended application to a Final Divorce Order of 2009, under the justification that I refused to accept GET from my husband.
That false allegation was a planting of the husband own refusal to grant wife a get, withholding it as a tool of extortion.
In Jewish law one is not considered divorced unless a GET is granted and accepted under strict conformity with Jewish customs. The plea of Jewish woman refused get by husband is a common plague difficult to solve that renders the woman unable to remarry under the threat the children will be considered illegitimate for 7 generations.
This restriction does not apply to men. The Get is often used as a tool of extortion to force wife to concede valuable concessions. The woman remains chained to marriage (Aguna) until granted GET
There is no reverse repercussion scenario for men, although men can also face wife refusal to accept a Get that is coerced.
That fabricated scenario fitted the Section 21.1 of the Divorce act as “barrier to remarriage” which gave them the ammunition to breach the existing final divorce order, and press charges for property and other obscene claims expected to be accepted because the reluctant wife who refuses to accept Get has her pleadings stroked in court.
This was a dirty manipulation of both Jewish and civil law, after an out-of-court settlement for matrimonial property and Get was mutually accepted (equivalent to civil court equalization of family property) and partially implemented, and there was a simple uncontested by wife final divorce order initiated and finalized by husband sole handed.
Undisclosed to me, and found incidentally four years later ( February 23, 2012) by verifying first time the old divorce file, the husband, who handed all by himself the civil divorce, omitted deliberately to include the out of court settlement which was negotiated under rabbinic mediation specifically to be included and part of the civil divorce that include settlement and Get. The old divorce file contained also an array of other offences that past the scrutiny of the court.
This was a deliberate act by the husband as advised by a friendly lawyer, to use the opportunity that the get was not yet granted, to withhold it until he can claim as matrimonial additional two properties purchased during the marriage by the adult children of the marriage.
Up to the Examination for Discovery of January 28, 2013 the husband denied the September 2008 Settlement existence. His confession and admission that it was and he breached it, was a pivotal evidence to turn around the fictional path cut by his lawyer, swamped with aggravating lies, slander and distortions.
Originally, I put the first settlement aside, in response to the new litigation that was launched under pretence of my “contempt” of Beit Din verdict- (that included matrimonial property division and Get).
This was a second settlement (2010) backed by an arbitration agreement at the Jewish tribunal breached by husband he rejected by and transplanted his own rejection on me.
The most hurting for me part was that my 4 children were added by the father as parties to the divorce claims to extort their property as if they were his spouses. The children were cheated and blackmailed in private correspondence and emotionally abused to release their shares to him or to me ( thus changing status to matrimonial equitable) and accused by the father to steal his properties, for which he had absolutely of contribution, and detailed documentation attested their own savings used for purchase.
I must cut short, only to give you a bird view of the background
Coming back to your question: The documents ordered by court were provided to the other lawyer, serving done by email, but were never filed in court, due to the other lawyer dirty manipulative tricks to sabotage the filing, basically she stroke my pleadings arbitrary.
The obstruction and the reason of her obstruction was noticed and confirmed later on: my court ordered documents contained also a Respondent leave for motion
Customer: replied 1 year ago.
This would have exposed an array of indictable offences she had committed, with solid evidence to backup, questioning the validity of her litigation. This could affect not only her license to practice law, but indictable offenses under criminal code of Canada.
The TSC’s that followed for the next 6 months dated were converted to motion to accommodate the Applicant lawyer debilitating orders enforced before a trial and before any of the fundamental building blocks of the claims action where debated in court she deliberately eschew, while imposing self proclaimed orders unauthorized by court to encumber furtively my properties, committed planned entrapment to force me pay for the costs of the her travesty court action and charged an astronomical unaudited legal fees that will need more that one property be sold to pay for her fees.
The 6 months between the orders for documents and the next TSC clear of motions, I was immersed on fighting her motions which were approved “prima facie” by one and single judge, and after she succeeded by fraud and forged documents and breach of law to enforce her orders, she was ready for the long delayed TSC .
At that point I was fully entrapped, all my property frozen, my access to my funds curtailed, liable to pay her a duplicate of already charged furtively on title $70,000 award order within 30 days, which was absolutely impossible to conform, caught in a spider web, numbed.
That was June 9, 2014.
At that time was when I started and worked intensively preparing for the appeal of her orders and unable still to concentrate on proceeds of the trial that needed special undivided attention and time.
Caught on the complicated maze she laid out, I forgot all about the court ordered documents of December 2013 that where stoked by her en masse. I was willing and ready start all over again. But I needed the physical time to do that, free of any other interference. The appeal of impossible orders took priority. I was kindly offered on August 25 by the seating judge the opportunity to prepare the documents. This is when the lawyer brought her leave for motion to striking my pleadings for “contempt of court”.
The lawyer was not interested on my preparing the court ordered documents, which she had already stroked, for obvious reasons, and put new obstacles to sabotage my readiness to comply.
She demanded me illegally and in breach of the Judge order to conform to the payment of the duplicate $70,000 as a condition to file my court ordered documents. She knew very well that this was impossible; I was reduced by their combined action to survive in a $800/mo CPP, my business in ruins, and my retirement income plan collapsed, and my equity on assets frozen by her.
Another breach of the judge same order for scheduling of the motion to strike my pleadings and the materials on it be scheduled by the motion judge, was twisted by this corrupt lawyer to impose her own schedule, for September 30, 2014, and made my document filing conditional of payment of $70,000 order she added to non compliance list of unfulfilled orders.
This twist forced me to put again aside the court ordered documents to counter her motion to strike my pleadings ex parte, which further straightened her allegation of my “non compliance”.
That was a déjà vue foul play to secure her lethal orders, imposed before trial, and before the events that led to it come to light and could ruin her license to practice law and could sent her to jail and or be liable for damages.
Unaware that was stripped from full disclosure on both sides, (my pleadings stroked by the lawyer long before the court order was given) the next reputable rotating Judge with 2 feet high court file binder to impossible to filter, accepted the lawyer order to strike my pleadings based on superficial appearance of contempt of court, in ex parte trial, all answers and claims, that nullified 5 years of defense documents which could incriminate the other party and expose the court case for what it was: a ruthless premeditated scam for extortion.
The lawyer made sure through dirty manipulative actions and back stabbing treachery, that her previously unauthorized charges and cautions registered on property title and fraudulent conveyance of 5 Respondents property became a court order.
Once there is a court order of Superior Court of Justice produced by reputable Judge, nobody can touch it.
I am stunned.
I tried to bring the case in at the criminal court with ready to file depositions and the Justice of peace could not take it in: he wrote down on a blank paper the names of the Judges and said: “Those are my superiors, I cannot go against them”
Following the extreme lawyer’s court order rarely used by judges for “contempt of court “the applicant lawyer hired at my cost a secondary agent to help her on secret ex-parte motions and trial motions and trial.
Together they ordered the sale of the joint property on single signature (asked in
Expert:  Legal Ease replied 1 year ago.

I am sorry. I am not able to follow the facts. I hope another lawyer can do better.

Customer: replied 1 year ago.
I am not surprised that a family law lawyer cannot untangle it.
This is not a Family law case, although was dragged with no reason to family court on false premises.
I keep my question open to be answered by expert in civil law or criminal law or both

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