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Amusing Canadian Court Judgment - Page 4

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AltaiR_
Profile Blog Joined February 2007
Korea (South)922 Posts
January 20 2011 15:18 GMT
#61
(c) The contents of paragraph 13.1 of the separation agreement (child support) shall be deleted and replaced with the following:

(i) Based on an income of $53,000 in 2008, Larry shall pay Guidelines table child support for 2008 in the sum of $798 monthly for the two children, payable on the first of each month commencing January 1, 2008;

(ii) Based on an income of $57,690 in 2009, Larry shall pay Guidelines table child support for 2009 in the sum of $866 monthly for the two children, payable on the first of each month commencing January 1, 2009;

(iii) Based on an income of $81,000 in 2010, Larry shall pay Guidelines table child support in the sum of $1,171 monthly for the two children, payable on the first of each month commencing January 1, 2010 until otherwise ordered.

I was reading calmly until that part. Jesus fucking christ this judge is preposterous.
Translator
Gnial
Profile Blog Joined July 2010
Canada907 Posts
January 20 2011 18:33 GMT
#62
This case came out quite a while ago and there was a good globe and mail article which summed up a lot of the better quotes. (You may want to put it in the OP!)

http://www.theglobeandmail.com/news/national/in-family-court-a-judge-turns-to-ridicule-to-defuse-the-rage/article1841568/

Some of my favorite quotes are:

Judge Quinn said that Larry, 38, possesses “a near-empty parenting tool box,” and was fond of venting his anger by sending Catherine insulting text messages and giving her ‘the finger’ as he drove by her home. “A finger is worth a thousand words and therefore, is particularly useful should one have a vocabulary of less than a thousand words,” Judge Quinn added.

‎"He said that...Catherine once tried to run over Larry with a van. “This is always a telltale sign that a husband and wife are drifting apart.”

“On Oct. 18, 2007, a nautical theme was added,” he remarked. “According to Larry, ‘Catherine’s sister-in-law yelled out her window that I was going to be floating in the canal dead.’"
1, eh? 2, eh? 3, eh?
Deleted User 3420
Profile Blog Joined May 2003
24492 Posts
January 20 2011 18:36 GMT
#63
On January 19 2011 13:31 sikyon wrote:
Show nested quote +
On January 19 2011 12:52 Fasterfood wrote:
On January 19 2011 11:02 BlackJack wrote:
The funniest Canadian ruling is the one where a guy had a paternity test and found out his ex-wife's children weren't his but the judge ruled that he had to pay child support anyway.. lol

http://www.nationalpost.com/news/story.html?id=1152816


You make it sound like these kids didn't see the guy as their father.

"Cornelio knew at the time of separation that his wife had an extramarital affair with someone named Tony, who may have fathered the twins -- but he sought joint custody regardless. He only began pursuing the issue after Ms. Cornelio began seeking increased child-support payments"

The guy wasn't trapped into anything. He wanted to raise the kids as his own until they got too expensive. Absolutely he should continue to pay, despite having a bad wife. Think of the children.


Exactly. Biological bonds are not the only bonds that create family.


but they're the ones that create child support
Raelcun
Profile Blog Joined March 2008
United States3747 Posts
January 20 2011 18:48 GMT
#64
At all the idiots who keep getting warned/banned for saying they're not going to read it just read through the thread where people are conveniently posting the funny bits. Seems pretty hilarious wish we had judges like that around here.
oN_Silva
Profile Joined October 2009
197 Posts
January 20 2011 18:48 GMT
#65
my father is lawyer (german) and thus I know it's everyone's Lawyers wish to make like a really cool "judgement saying" to be printed on the famous magazine with it and your name. It's a way to earn fame for lawyers because the most important law magazine prints it^
furymonkey
Profile Joined December 2008
New Zealand1587 Posts
Last Edited: 2011-01-20 19:51:33
January 20 2011 19:48 GMT
#66
I finished reading the notes and the referenced sections. However I found lack of evidences that Larry is bad as people make out to be, it seems to me that Catherine is the totally evil one here, maybe I missed.

I meant sending insult texts and pointing fingers isn't as bad as threatening to kill and brain washing children is it?

Can someone fill in the light for me? That would be great!
Leenock the Punisher
sikyon
Profile Joined June 2010
Canada1045 Posts
Last Edited: 2011-01-20 23:01:52
January 20 2011 23:00 GMT
#67
On January 21 2011 03:36 travis wrote:
Show nested quote +
On January 19 2011 13:31 sikyon wrote:
On January 19 2011 12:52 Fasterfood wrote:
On January 19 2011 11:02 BlackJack wrote:
The funniest Canadian ruling is the one where a guy had a paternity test and found out his ex-wife's children weren't his but the judge ruled that he had to pay child support anyway.. lol

http://www.nationalpost.com/news/story.html?id=1152816


You make it sound like these kids didn't see the guy as their father.

"Cornelio knew at the time of separation that his wife had an extramarital affair with someone named Tony, who may have fathered the twins -- but he sought joint custody regardless. He only began pursuing the issue after Ms. Cornelio began seeking increased child-support payments"

The guy wasn't trapped into anything. He wanted to raise the kids as his own until they got too expensive. Absolutely he should continue to pay, despite having a bad wife. Think of the children.


Exactly. Biological bonds are not the only bonds that create family.


but they're the ones that create child support


Says who? Clearly not the law, as the Ontario Superior Court indicates.

Also, you must pay child support on adopted children if there is a divorce.
Z3kk
Profile Blog Joined December 2009
4099 Posts
January 20 2011 23:22 GMT
#68
On January 21 2011 04:48 furymonkey wrote:
I finished reading the notes and the referenced sections. However I found lack of evidences that Larry is bad as people make out to be, it seems to me that Catherine is the totally evil one here, maybe I missed.

I meant sending insult texts and pointing fingers isn't as bad as threatening to kill and brain washing children is it?

Can someone fill in the light for me? That would be great!


From what I've gathered from the thread and the record, I think you have it about right

Mindblowingly hilarious...every footnote had me. I feel sorry that the judge had to deal with such an outrageously dimwitted individuals in this case...the child custody/support lawyer also evidently deserves some kudos though :>
Failure is not falling down over and over again. Failure is refusing to get back up.
nalgene
Profile Joined October 2010
Canada2153 Posts
January 21 2011 02:09 GMT
#69
Larry should have gotten away with no harm done to him... he's being ravished out of potential money via investments/dividends/derivatives/naked shorting/usury/stocks/day trading...

Catherine is truly evil... and the sister in law... wow... she's like giving him death threats... wtf...
Larry should be the one to get compensation for being hurt/threatened...
psychological damage to him...

He isn't even allowed to see the children either... wtf... and he's forced to pay...

The children are taught pure hatred without from an early age and they don't even know each other...

That cornelia guy shouldn't have to pay... for kids that aren't even his...
he's being shylocked...oh wow... 14000 annually to some goy...wtf...
14000 could've been used for usury...
Year 2500 Greater Israel ( Bahrain, Cyprus, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Oman, Gaza Strip, West Bank, Qatar, Saudi Arabia, Syria, Turkey, United Arab Emirates, Yemen )
ThatGuy
Profile Blog Joined April 2008
Canada695 Posts
January 21 2011 05:35 GMT
#70
Just finished reading it, wow. That was hilarious, thanks a lot for sharing!
vetinari
Profile Joined August 2010
Australia602 Posts
Last Edited: 2011-01-21 09:23:30
January 21 2011 09:21 GMT
#71
On January 19 2011 12:52 Fasterfood wrote:
Show nested quote +
On January 19 2011 11:02 BlackJack wrote:
The funniest Canadian ruling is the one where a guy had a paternity test and found out his ex-wife's children weren't his but the judge ruled that he had to pay child support anyway.. lol

http://www.nationalpost.com/news/story.html?id=1152816


You make it sound like these kids didn't see the guy as their father.

"Cornelio knew at the time of separation that his wife had an extramarital affair with someone named Tony, who may have fathered the twins -- but he sought joint custody regardless. He only began pursuing the issue after Ms. Cornelio began seeking increased child-support payments"

The guy wasn't trapped into anything. He wanted to raise the kids as his own until they got too expensive. Absolutely he should continue to pay, despite having a bad wife. Think of the children.


Screw the children. They are not of his blood, he shouldn't have to pay a cent if he doesn't want to. If he wants to support children that he is fond of, he of course has the right to do so, just as I have the right to give donations to orphanages. But just as the orphanage doesn't have the right to pursue me for child support, neither should his wife nor the children of his wife have any right whatsoever to his money.

What she did to him was fraud. The worst kind of fraud possible. That the children were partial beneficiaries of her fraud is not an extenuating circumstance.

Here, I'll give you an analogy:
A woman with fertility trouble is having IVF treatment. Her husband is the doctor. She believes that the embryo that is implanted was made from her husbands sperm and her own egg. But in fact, the doctor (who is her husband), actually used an egg harvested from his mistress, because he decided that his mistress was better looking, and thus he could have fitter children. So he implants the embryo into his wife, she carries it to term, never realising that she is actually a surrogate. Years later, the doctor decides that his wife is no longer pretty enough. He divorces her, and lives in a de facto relationship with another woman. He gets custody of "their" daughter, and she is ordered to pay child support. Even knowing that a large portion of the child support will actually be spent buying jewellery for his new lover, she opts to pay the money anyway, as she figures she has a duty to support her daughter.

One day, she finds his dairy and reads it. She finds out the daughter she so loved wasn't even hers. She sues him, but the courts dismiss her case and order her to pay increased child support.

Would you call this just?



(I realise that the example is contrived. However, due to the differences in male and female physiology, which is to say, that women give birth, such convoluted examples are necessary.)
nalgene
Profile Joined October 2010
Canada2153 Posts
January 21 2011 12:59 GMT
#72
If he wanted to pay for children support, he'd just adopt some new kid... and not that brainwashed daughter that catherine made her to become so full of hatred...it should be his prerogative...

and the kid isn't even his...
Year 2500 Greater Israel ( Bahrain, Cyprus, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Oman, Gaza Strip, West Bank, Qatar, Saudi Arabia, Syria, Turkey, United Arab Emirates, Yemen )
anatem
Profile Joined September 2010
Romania1369 Posts
January 21 2011 13:23 GMT
#73
haha, this judge must've felt it was the right time to bring out his literary/comedic skills :D
'Tis with our Judgements as our Watches, none / Go just alike, yet each believes his own.
Deranes
Profile Joined July 2010
Germany75 Posts
Last Edited: 2011-01-27 15:12:44
January 27 2011 15:12 GMT
#74
Great find OP!

From fotnotes:
"[2] At one point in the trial, I asked Catherine: “If you could push a button and make Larry disappear from the face of the earth, would you push it?” Her I-just-won-a-lottery smile implied the answer that I expected."
DarthXX
Profile Joined September 2010
Australia998 Posts
January 27 2011 16:40 GMT
#75
This is pure GOLD! I had no idea people in the legal profession could write something like this. Makes me feel a lot better about starting law school in a month.
Trowabarton756
Profile Blog Joined May 2008
United States870 Posts
January 27 2011 16:58 GMT
#76
Wow....if someone was extorting me...well...I can't write what I'd do because it may get used as evidence against me later ^^
http://www.teamliquid.net/video/streams/Trowabarton756
Fasterfood
Profile Joined October 2010
Canada166 Posts
January 27 2011 17:03 GMT
#77
On January 21 2011 18:21 vetinari wrote:
Show nested quote +
On January 19 2011 12:52 Fasterfood wrote:
On January 19 2011 11:02 BlackJack wrote:
The funniest Canadian ruling is the one where a guy had a paternity test and found out his ex-wife's children weren't his but the judge ruled that he had to pay child support anyway.. lol

http://www.nationalpost.com/news/story.html?id=1152816


You make it sound like these kids didn't see the guy as their father.

"Cornelio knew at the time of separation that his wife had an extramarital affair with someone named Tony, who may have fathered the twins -- but he sought joint custody regardless. He only began pursuing the issue after Ms. Cornelio began seeking increased child-support payments"

The guy wasn't trapped into anything. He wanted to raise the kids as his own until they got too expensive. Absolutely he should continue to pay, despite having a bad wife. Think of the children.


Screw the children. They are not of his blood, he shouldn't have to pay a cent if he doesn't want to. If he wants to support children that he is fond of, he of course has the right to do so, just as I have the right to give donations to orphanages. But just as the orphanage doesn't have the right to pursue me for child support, neither should his wife nor the children of his wife have any right whatsoever to his money.

What she did to him was fraud. The worst kind of fraud possible. That the children were partial beneficiaries of her fraud is not an extenuating circumstance.

Here, I'll give you an analogy:
A woman with fertility trouble is having IVF treatment. Her husband is the doctor. She believes that the embryo that is implanted was made from her husbands sperm and her own egg. But in fact, the doctor (who is her husband), actually used an egg harvested from his mistress, because he decided that his mistress was better looking, and thus he could have fitter children. So he implants the embryo into his wife, she carries it to term, never realising that she is actually a surrogate. Years later, the doctor decides that his wife is no longer pretty enough. He divorces her, and lives in a de facto relationship with another woman. He gets custody of "their" daughter, and she is ordered to pay child support. Even knowing that a large portion of the child support will actually be spent buying jewellery for his new lover, she opts to pay the money anyway, as she figures she has a duty to support her daughter.

One day, she finds his dairy and reads it. She finds out the daughter she so loved wasn't even hers. She sues him, but the courts dismiss her case and order her to pay increased child support.

Would you call this just?



(I realise that the example is contrived. However, due to the differences in male and female physiology, which is to say, that women give birth, such convoluted examples are necessary.)



I think you need to re-read the article. all the details are wrong and your analogy is whack.

1) the whole jewelry you just threw in without any backing. Children are more expensive to raise properly then the payments from child support. You threw in that comment for flavour and you shouldn't have.

2)a more accurate analogy, derived from your example would be the following:

Doctor uses his mistresses eggs on his wife. He tells his wife that he had been boning a woman on the side, and that he *might* have used the mistresses eggs. The wife is fully aware of the mistress, but chooses not to have any maternity tests. Instead the mother fights to stay in the lives of these children, knowing they probably aren't hers. She starts paying child support to help retain parental rights, and proceeds to pay for years.

Eventually the father asks for more money as costs of living rise. The mother, who knows the kids probably aren't hers, doesn't want to pay any more. She gets a maternity test knowing what the results will be. She tries to use the now official information to get out of child support. The judge sees right though it.
FetTerBender
Profile Blog Joined September 2010
Germany1393 Posts
Last Edited: 2011-01-27 17:22:12
January 27 2011 17:18 GMT
#78
Best part:

+ Show Spoiler +
Now, in the witness box, she purports to be bathed in the light of repentance and reason. I think not.


Its awesome dry humor by a judge.

DO WANT :D

Edit: One more quotation:

+ Show Spoiler +
I come now to the issue of spousal support, historically the roulette of family law (blindfolds, darts and Ouija boards being optional).
There's a fine line between bravery and stupidity.
Qatol
Profile Blog Joined November 2006
United States3165 Posts
January 27 2011 17:52 GMT
#79
One of the more humorous decisions I've read. I can't help feeling sorry for Larry though. I think he would have wound up getting money and more access to the kids in the decision if he had been represented by a lawyer.
Uff Da
SichuanPanda
Profile Blog Joined March 2010
Canada1542 Posts
January 27 2011 18:01 GMT
#80
Long story short the court system in Canada is so entirely screwed up in every way I don't even know where to begin to try and explain it to non-Canadians. Essentially the judges here feel the need to not simply pass judgement based on the law, but based on their own personal vendettas and feelings as well.
i-bonjwa
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