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Post by Dean Robinson on May 22, 2007 18:50:32 GMT -5
Hi Litigator here is a rare question to you from me lol... Is there any thing in the Child Welfare Act that states you cant sue a worker as an individual. for a very easy to prove lie in their affidavit. I'm mean not a he or she said lie but a lie that is a blatant ignorant lie. Let say the worker says the parent has a disability that they do not, and the worker says that says the parent has some thing like. hmmm! the parent is weak and needs the aid of lets say a Caine and is basically dependent on the use of this Caine to be mobile. now the work has met this parent on many occasions and has never seen the parent with the Caine and at no time was there ever a mention of the use of a Caine. its a fabricated lie in the workers affidavit for a protection order. . Ive gone over and over the act and cant find anything that clears the worker of accountability, or its OK to lie like this in a sworn affidavit
let me know if you can find anything in the act that would protect this worker from negligences or defamation or even slander. after all the affidavid is the same as a testamony on the stand is it not?
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Post by Dean Robinson on May 22, 2007 19:04:05 GMT -5
has any one here tried this aproch and did the small claims court grant the the trial on evidance similar to this evidrnce. lol Im a friggin paralegal and I cant even find the answer to this. Litigator this ball is in your court lol
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Post by td on May 22, 2007 19:17:39 GMT -5
i dont know if this is regards to a small claims civil suit, or a c.f.s.a. child protection order,but! from what im learning this is done all the time to simply merky the waters and have sujestive directional thinking intent ! and unless,this statement alone is the mitigating factor for a protection motion and it can be proven that this claim would have a definate/alteration? to the miscarriage of justice, the judge is libel to consider it mute! but it does not excuse the fact that the author sweare of that affidavit "did commit perjury" and would go to show the court, the mallicious and criminaly sociopathic charector of that worker,there go could be used to question any other staement that worker makes/credible witness?and if enough of these statements were identified to the court could very well have her intire testimony striken! AND IF THAT WORKERS TESTIMONY WAS TO BE STRICKEN DO TO THESE FACTS,WELL, I DO BELEIVE THAT, THIS WOULD STAND UP IN A CIVIL COURT OF PROBABILITIES!,AND COULD VERY WELL RESULT IN CRIMINAL HARASSMENT CHARGES DEPENDING THE INTENT OF THE MOTION THAT THE WORKER WAS TESTIFYING TO!
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Post by Dean Robinson on May 22, 2007 21:20:57 GMT -5
thanks TD I cant find a thing in the Act on this
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Post by Whistleblower on May 22, 2007 21:29:36 GMT -5
I have been reading this same question over and over on the other site. on www.fightcps.com. However, this is USA BASED but they have the same problem, wanting to sue the worker indivdually for slander and defamation of character and among other things. One Man had successfully sued the Worker through Federal Court, I believe through suris juris act. However I am not sure. And another from California who had sued through Civil Courts and won 4.9 Million Dollars in punivitive damages against CAS. (CPS). To charge a person criminally if you can prove he or she falisfying the records would be up to the Prosecutors. You would need a damaging and credible document/evidence in order to pursue this person in Criminal Court. So that's three ways to go, Federal Court (more effective), Civil Courts, and Criminal Courts. However there are some people went upward to Supreme Court and you will see many cases relating to that. But most of them had lost. CAS is always powerful and always win. You would have to be ready to have credible and damaging evidence for a leg to stand on or face losing the case all together. I feel that Federal Courts punish the Workers more effectively because it is different than the kangroo courts. When I google the CAS cases through Supreme Court of Canada, there are plenty, but nothing about suing just yet. I think there are wanker cases that no body hears of. I will find something to see if something pops up in Supreme Court of Canada and you could use that as an example.
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Post by Dean Robinson on May 22, 2007 21:36:18 GMT -5
I say small claims is the way to go with this. simply because itts up to you to file this there is no need for a justic to aprove if it is heard or not and it a great way to get under theskin of the worker
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Post by td on May 22, 2007 22:00:48 GMT -5
dean: you have to take into account that every thing that i have stated in my post is from a "criminal court" perspective as well as my own! but as you probably well know that the civil courts work on the balance of probabilities! the best thing to do is to file discovery,for if the worker made this claim she has to provide evidence to where and how she learned it! P.S. WHERE DID MY POSTING,ASKING QUESTIONS GO?, OR DID I HIT THE WRONG ICON AGAIN AND IT DIDNT GET POSTED?
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Post by Whistleblower on May 22, 2007 22:56:49 GMT -5
My opinion on this: Small Claims won't work. Because it is only for minimum punitive damages up to $5,000. That's all. IF you want the Worker to PAY HIGHER, go for Civil Court.
My Friend said the BEST WAY TO GO is go by FEDERAL COURT. This way the Government not only make them pay punitive damages but CHARGE THEM accordingly with crimes at the same time! Giving them NO immunity! Even shred their social worker's license. All of it. She or he would never pratice in this field ever again. Plus you get punitive damages. Plus more powerful where they will hold them accountable FOR THEIR ACTIONS. ie: False claims, falsfying records, lying, stealing funds, fabricating cases, lying to families and so forth.
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Post by td on May 23, 2007 0:08:13 GMT -5
if law was adjudicated properly it would be nice!but, a civil case in superior court take lots of money and lots of time, and if you dont have those,or even a lawyer, they will intangle you with so many motions, cross motions, discoveries,ect. that it will wear you down and very well posibily out!and could take years! small claims court is about 125.00,6 months,short sweet,you can still supena witnesses, and what ever crimes are brought forth/ identified, and coraberated, the judge can order that either the police investigate! or the crown to prosecute! or with the court transcripts and evidence from the civil trial you can procceed with a private complaint! a) file the private complaint b) go to the ex partay hearing,either the crown takes it or you can prosecute your self! c) summons the accused D) hold the puliminary e) get your evidence,witnesses,questionareect,ect,ect f) and if the accused pleads not guilty,then you prosecute!but at which point it is not a jp,it is a provincial judge! and you better know the loop holes,proceedures, and stutues! and be ready to do lots of case history!if arguments present themselves! but if you have it all, it should not be hard! **AND REMEMBER, THE BEST PART,IF YOU OBTAIN A CONVICTION, THEN NOT ONLY ARE YOU VINDICATED OF THIS WORKERS ACTS AND ACCUSATIONS AGAINST YOU!BUT,ALL THE OTHER CURRENT AND FORMER CASES THAT THAT WORKER FILED AFFIDAVITS TO HAVE TO BE SET ASIDE!AND OR REVISITED!THINK ABOUT IT! 1.. CONVICTION CAN SET..100 FREE EXAMPLE if one judge that has been on the bench for 10 years and gets cought taking bribes, think of the uncermount of appeals of convitions to wich that judge had baring on? the same would go for a c.a.s. worker!
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Post by mac on May 23, 2007 4:35:20 GMT -5
Could you also let us know on how to go about getting this type of case going we are putting together all the documents from Drs., councilors and assault victims assessments because we have 2 workers we want to expose for their lies and purgery in court
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litigator
Junior Member
The legal guy
Posts: 20
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Post by litigator on May 23, 2007 5:52:57 GMT -5
Morning All
Section 15(6) of the CFSA states: "No action shall be instituted against an officer or employee of a society for an act done in good faith in the execution or intended execution of the person’s duty or for an alleged neglect or default in the execution in good faith of the person’s duty. R.S.O. 1990, c. C.11, s. 15 (6).
so the answer to your question is there anything in the child welfare act that says you can't sue a worker is yes there is lol but here is how you get around it in small claims.
Your cause of action would not be the lies they told or negligence. You would have to sue for professional misconduct and demonstrate that this worker has acted in BAD faith and as a result the plaintiff incurred damages. You have to be able to prove two things 1. That damages were incurred by the plaintiff 2. That the Defendant's actions being in bad faith caused the plaintiff to incur damages.
Damages are not just money, stress pain and suffering, emotional anguish, they can all be turned into monetary damages in the end. Small claims can be a very effective method of nailing workers and to correct someones earlier post, The principle amount you can claim in Small Claims Court can not exceed $10, 000. You can ask for a maximum of $500 in costs so the total judgement in small claims can not exceed $10 500.
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Post by Whistleblower on May 23, 2007 9:51:55 GMT -5
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Post by td on May 23, 2007 10:13:03 GMT -5
to:, mc con, who were you posting the question to?
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Post by MConn on May 23, 2007 20:08:19 GMT -5
TD we are also trying to get a ideas on how to go about getting a lawsuit going against a worker for false allegations against my wife and I for something that never happened. This worker made up a BS story about us that has no evidence to back it up and they nearly killed our daughter in the proses.
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Post by td on May 24, 2007 0:06:18 GMT -5
if they made false alligations, there is a way to turn that around, though they made the claim yet you are suing them, all you have to do is get what ever evidence to them making this false claim, claim it to be false, there go,in any attempt to make their defence they have to coraberate their their false statement, eg: "they claimed you tried to murder a man" that is libel slander and false defamation of charector,public mischief and criminal harrasemnet"if they swore to this claim" not to get into specific forms!all you have to do is file in court that they made this claim,present the evidence to coraberate your claim of their accusations, then they have to prove what they claimed is true! the whos,wheres, whens, hows, are they a witness,third party,hearsay ect!and if they cant, case won! BUT BE CAREFULL, IT IS EASY TO FABRICATE THE REQUIRED EVIDENCE TO FACILITATE THEIR FALSE,MALICIOUS,CRIMINAL ACCUSATIONS! how one would go about doing this!** or donna brooks to be more direct and personable if you wish, she can be reached at 705-566-3113, during day time hours! or const. Dan kingsley, who can be reached at 705-675-9171 or Dr. deblankom who can be reached at 705-560-9422
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