Liars Don’t Win Family Trials
The case called MFSJ862 v. FFSJ862 https://canlii.ca/t/jr0vk, is an extreme example of a lying party being exposed by good lawyering, and by a perceptive judge. Because the parties lived in a small community, Justice Crerar anonymized their names.
The parents married in 2000, separated in 2017. They had three kids, aged 11, 9, and 5. The trial took 18 days, for 8 of which the husband represented himself. Justice Crerar determined the husband was dishonest and obstructive. The long (235 paragraph, plus appendices) decision contains gems like this:
[85] The father has been obstructionist throughout the litigation, on multiple fronts. He has dragged his heels in document production. He has ignored court orders and reneged on agreements.
[86] His production of financial records has been slow and incomplete throughout the litigation. He filed a series of misleading F-8 forms…
[87] His document production failures fly in the face of multiple court orders…
[101] …. the father’s approach to this most basic obligation of document production … has been deplorable and disruptive. Even after multiple court … many categories of documents were not disclosed until mid-trial, and many documents remain undisclosed today. … His actions with respect to the Company, and their books, and document production in general evidence a willful and deceitful strategy to deny information from the mother.
[114] The father was much less credible and reliable. At times his testimony sounded rehearsed, with forced dramatic inflections, ironic laughs, and pauses. It is clear … his perception of reality differs from that of most people. He admitted to telling many deliberate untruths…
[139]… He still has not accepted or sought treatment for his mental illness … which causes him to continue to make monstrous allegations against the mother, and cause unnecessary tension in communications… It is inevitable that the children will notice and be psychologically harmed by his actions and demeanour.
[230] The mother seeks an order for special costs. The Court grants the order. … the father’s litigation conduct has been “reprehensible” and “deserving of rebuke” … His multiple and persistent attempts to delay and deceive… were indeed exceptional… His actions sought to stymie the mother at every step of the litigation, forced the mother and the Court to commence the trial without full knowledge of critical financial facts, and significantly disrupted and prolonged the trial.
Justice Crerar ordered that the Wife have 10 days out of 14 with the Children, and that she have the authority to make all parenting decisions where she and the Husband disagreed. The Husband was ordered to pay spousal and child support, and to refrain from marijuana within 12 hours of spending time with the kids. Justice Crerar set the Husband’s income at almost double what the Husband claimed.
Pam Boles was the Wife’s lawyer. Having dealt with lying and obstructive people in family files, I can tell you it’s exhausting for the lawyer. It must have been hell for the Wife. Having had Pam on the other side a time or two, I can tell you that she’s not someone who will back down. She is tough, fearless, aggressive when she needs to be, and absolutely loyal to her clients. Kind of like a Rottweiler.
If you need a tough lawyer and you’re anywhere near 808 Nelson in Vancouver (it’s across the street from the courthouse), Pam Boles would be a good choice. If you’re in Surrey, give us a call. We’ve been bringing liars and timewasters to heel since 1990.
