Happy New Year!

Wishing all those in the Blogosphere a happy and healthy 2018. And to the ten of thousands of you who follow my blog..... Thank you and stay tuned, 2018 will bring even more political news, comments, philosophical musing, Mr. Fuchs court proceedings, family court proceedings, ethics proceedings, celebrity news, humour, literary fiction, and movie news.

Peace,

James

Happy Birthday Michelle Ramsay and J.Gilles Boulais - Quarry Ridge Rd.

 

March 6th has come again Zyg and Mila Ramsay

If this doesn't play please check out it out on YOUTUBE

Happy Anniversary to Me

Hey all you lovely folks in the Blogsphere. Today is the second anniversary of this blog (Yeahhhhhh!)

I started this blog April 4, two days shy of a month after my ex - Michelle Ramsay - cut off access to my grandchildren Zyg Ramsay and Mila Ramsay. This blog was the only avenue I had left to establish an electronic paper trail that, years from now, would lead my lovely grandchildren to me, or if I have already reached the end of my life, remind them that I never stopped loving or thinking of them.

Over the past 738 blog posts, my following has grown from zero to many tens of thousands. I thank each and every one of you and I hope my posts about Mother Earth, nutrition, non-violence, fitness, anti-euthanasia, my Family Court battle (see It's Over), politics, ethics, birthdays and passings have been both entertaining, informative, controversial, and creative.

Peace,

James

Michelle Ramsay-Borg vs. Me - One year later

My five month ordeal in The House of Broken Loves (photo) - or better known as Family Court - came to an end one year ago today.

Some of the people who contributed to bringing it to an end were:

Michelle Ramsay-Borg
Michelle Ramsay
Michelle Boulais
J. Gilles Boulais
G. Blaze
Dozens of Duty Counsels at 311 Jarvis
The patient and helpful folks at the Clerk Window of 311 Jarvis St.
The helpful staff at the Bora Laskin Law Library

I hope the following chronological list (March to August) of my postings is helpful for any of you who find themselves in the unenviable position of having to attend Family Court.

The House of Broken Loves
House of Broken Loves - Part II
House of Broken Loves - Part 3
House of Broken Loves - Part 4 - Invitation
House of Broken Loves - Part 5
Please Attend My Court Appearance
My Day in Family Court is Tomorrow
Squashed!
Forms, Forms, and more Forms
All About (Dispute) Mediation
No Talking! - House of Broken Loves
Recusing a Judge
The Curse of 'Lawyering' up
Two Motions Rejected - Two New Motions Filed
Mother May I?
Family Court 101 - for Novices
It's Over - We've reached a Settlement

And finally.... an interesting comment from one of my readers....

Such a tragedy!

My heart broke when I read about this tragedy in Denmark.

A grandfather smuggled a shotgun into Family Court and shot his grandson's father and lawyer. We don't know the circumstances of what led to this awful event - and probably never will - but it is such a tragedy that this little child has now lost his father and grandfather - both of whom probably loved him/her very much - both essential to a child's development.

It's time we banned lawyers from family matters and instead forced opposing parties (husband, wife, brothers, sisters, grandparents, uncles, aunts) to seek the assistance of a mediator.

Family Court 101 - For Novices

 Family Court - 311 Jarvis St - "The House of Broken Loves"

Having survived (more or less) my first experience with Family Court I thought I'd pass on to you in the Blogsphere some of the things I have learned in the past six months.

PREPARATION:

•  Research at your local law library. According to the Ontario Court of Justice website,  Pro Se's (what the legal profession calls us 'unrepresented folks') are supposed to know as much as lawyers about the law and legal procedure, but of course that's ridiculous. Nevertheless, as a Pro Se you need to do your research into:
• Family Law
• Court procedures
• Any papers or articles written by the opposing lawyer or your case judge
• Any legal precedents that might help or hurt your case
• In Toronto, the place to visit is University of Toronto's, Bora Laskin Law Library at 95 Charles St. West. The folks there are very helpful and patient. And it's free. Check their website for hours as they change throughout the school year. 

THE BUILDING:

• I left sharp implements such as my trusty and constant companion Swiss Army Knife at home. The Security Guards at the door would not only confiscate it but likely think less of me for setting off their metal detector. Why do I go everywhere with my SAK? Well you never can tell when may need a Robertson head screwdriver, fish de-scaling knife, or small saw for cutting down trees.

THE PROCESS

• You can find all the forms you need on this website . Download the forms as Word documents and fill them in on your computer, or download them as PDF's then fill them out by hand.
• No one is obligated to help you fill out the forms (some of which are bewildering) but you may find a Advice Lawyer willing to give you a tip or two.
• And speaking of Advice Lawyers. The courthouse has one Advice Lawyer who does just that - give advice. Unfortunately, of the perhaps 15 to 20 Advice Lawyers I have spoken to (I needed a lot of advice) only a handful were helpful and quite a few were condescending, vague, impatient or all three. Just one, the only Black lawyer in the lot, was amazingly helpful and, as it turned out, correct.  Nevertheless, never act on the advice of a single Advice Lawyer. Come back the next day (they change every day) and ask another Advice Lawyer.
• The Court Clerks (windows 1-6) are your only friends in the House of Broken Loves. They are patient, and understanding and often give better advice than the Advice Lawyer.
• A motion (to do something - Form 14) always requires a affidavit (Form 14A), which is a document that lays out the reasons why you want to do it.
• Form 14A must be signed and stamped by the Court Clerk before you fax it to the opposing lawyer. Then bring the 14 and 14A back to the Court Clerk - along with a Form 6A - and the fax verification sheet - and the Clerk will enter it into your file. The 6A is just a form in which you indicate how you served the opposing lawyer with your Form 14 (mail, courier, fax). You must swear before the Clerk that you did in fact do what you said you did. 
• Also, when  faxing documents, check the confirmation sheet to ensure that it went to the correct phone number... Just in case you or the store clerk mis-dialed.
• Oh, and on the subject of 'transmission'... never email an important communication or document because you have no evidence that the other side received it. Emails get lost or deleted or fail to send. Instead, always fax documents and keep the confirmation sheet that verifies successful transmission or use Registered Mail and pay for 'signature required'
• Never sign anything the opposing lawyer sends you without checking first with two different Advice Lawyers.
• Expect the opposing lawyer to pull every dirty trick in the book and then some.
• Don't be intimidated by the reams of documents that the opposing lawyer creates - they are just trying to justify their over-billing.

IN COURT

• Guys beware, her lawyer will try to portray you to the judge, as they do every other male, as a violent, angry abuser - and it will work. Sitting in the spectator section during other people's cases I have seen this time and time again. 
• Having said that guys, never show your anger in court - even as you are getting screwed - it just reinforces a male stereotype.
• Women and men alike - Never let the opposition or the judge see you bleed or even get a whiff of your blood.
• Women and men alike - keep your answers short and always address the judge as 'Your Honour'
• If the judge is seated as you enter the courtroom - bow to the judge after you step through the door and bow when you exit the courtroom.
• The opposition lawyer will print out and submit to the court every one of your emails so be careful what you say.
• Write down anything mildly or wildly objectionable that the lawyer or judge says or does... You may want to made that incident or words part of a motion later.
• I recommend sitting in on other people's case conferences and trials so that you become more acquainted with the process and language. All case conferences and trials are open to the public unless there is a "Closed" sign on the door (because they involve child custody or sensitive material). 

Oh... and one more thing... No one will tells you this because you have to find out for yourself...

"In the House of Broken Loves, only the lawyers win."

It's over - we've reached a settlement of sorts

The House of Broken Loves

"You can check-out any time you like, But you can't never leave"... Hotel California, The Eagles

Thanks to all of you in the Blogsphere who sent me your emails of support over the past few months. I apologise that I could never (and still can't) tell you straight up what this was all about, or name names but I do very much appreciate your understanding that it was important.

Peace,

James
P.S - see Mr Cohen's comment below

Mother may I?

In front of the House of Broken Loves- today

Two hours spent obtaining, filling out, faxing and filing a motion to ask the judge for permission to file a motion to ask the same judge to remove themselves from my case.

Two motions rejected - two new motions filed

The judge rejected my two motions. One for document disclosure and the other for 'recusal'. For those who do know, you have the right to ask that the judge assigned to your case be removed and another judge put in her/his place.

In the United States, the term "recusal" is used most often with respect to court proceedings. Title 28 of the United States Code (the Judicial Code) provide standards for judicial disqualification or recusal. Section 455, " The same section also provides that a judge is disqualified "where he has a personal bias or prejudice concerning a party, or personal knowledge of disputed evidentiary facts concerning the proceeding".  (source: wikipedia) I couldn't find the relevant legislation in Ontario on-line so I will pay another visit to the Bora Laskin Law Library sometime next week and post that information.

In Ontario, the correct forms for filing a recusal motion is Form 14 and Form 14A (an affidavit in which you provide details and reasons for your motion).

The Court's Advice Lawyer (free) advised me yesterday that the motion for recusal should be filed with the Superior Court of Ontario, Family Court Division so that the (Ontario Court of Justice) judge I am asking to excuse themselves is not the same judge who is ruling on the motion to excuse the judge (themselves).

So many forms, so many laws, so much 'lawyerese'.... think I need a coffee.. then off to visit the House of Broken Loves, Document Filing Window #2.

The curse of 'lawyering up'

"The most benign disagreement between two people takes on unwarranted hostility and a life of its own the moment one of the parties hires a lawyer"

.... Author unknown

RECUSING a judge - House of Broken Loves

I spent three+ hours in the courthouse this afternoon filing out, faxing, and filing Forms 14A, 14B, and 6B all of which concern my request to have a different judge.

Problem is... The Case Judge (A) will decide on the motion as to whether Case Judge A should be replaced with Case Judge B,C, D or not at all.

So does A(squared) - BCD (to the third power) + 1 = the rational coefficient of impartiality? (I always hated high school Algebra)

Peace,

James

No talking! - The House of Broken Loves

Received a snarky letter from her lawyer yesterday that took 300 words to say "My client has advised me that there is nothing to discuss" - Really??? - Oh well, so much for mediation.

Great News! I have a lawyer! (soon)

Toronto Star - Today - article by Rachel Mendelson

Wow! Talk about great timing. The province is expanding the Legal Aid system because the courts are getting bogged down by Pro Se (Latin for self-represented) who have no idea what we are doing and find the law, the court, and the ten thousand different forms impossible to understand.

Before today, individuals like myself who make more than $12,000 per year but not more than $18,000 were only eligible to ask questions of the 'Family Court Advice Lawyer'. In the past two months I have sought the advice of at least a dozen of 311 Jarvis's 'Advice Lawyers' and, with one exception, they were useless at best and at their worst - confused, vague, incorrect, or condescending.

Under the new plan, I am eligible for up to ten hours of 'personal' legal help and six hours of legal advice to help with the mediation process, all at no charge.

I take back (pretty well) all the bad things I have ever said about Kathleen Wynn's useless, anti-union, anti-people, anti-public education, anti-nurses, lying and stealing, provincial government.

Peace,

James

All about (dispute) MEDIATION

I sent her lawyer an email yesterday asking that our 'dispute' go before a mediator.

"Mediation is a voluntary, confidential way to resolve family law issues. A trained, accredited mediator will meet with both parties to try to help them reach a settlement," says the badly formatted and punctuation-challenged mediate311 brochure (sorry, it's the writer in me)

Mediators are provided free at the court house if your income is less than $12,000 or so per year and is provided 'off-site' at a rate geared to your income if you make more than twelve.

Do I expect her to agree? No. I've been trying to get her to sit down with me and have an adult conversation for a year, long before she 'lawyered up'.

But we can hope.

Forms, Forms, and more Forms

It's 7:37 in the morning and I just spent the past two hours filling out three Form 20's and just as many Form 6B's. Tomorrow I file them with the court, then speak to the Family Court's Advice Lawyer, then a fun visit to the doctor for a biopsy, then to the theatre to watch Tom Cruise save the world.

I think that's quite enough for a Monday.

Squashed!

This image pretty well illustrates what happened to me today in court. 

But tomorrow is another day.

My day in Family Court is tomorrow

I've walked through these doors dozens of times over the past few weeks - asking advice, filing paperwork, observing trials - and each time I enter this House of Broken Loves I feel such an overwhelming sadness knowing that those who visit this House once loved each other deeply.

And laughed together.
And touched each other.
And shared magical moments.
And kissed.
And had children.

But now that their love is broken they do the most disgraceful, and vindictive, and mean-spirited things to each other.... and that makes me sad, and ashamed of myself but through it all I am heartened by the fact that LOVE LIVES ON - just not at 311 Jarvis.

Peace,

James

Please attend my court appearance - INVITATION #2

Well, it is now only two weeks before the 'Respondent' - that's what the court documents call her - and the 'Applicant' (me) appear in Family Court.

You are all invited to attend, June 19, 311 Jarvis, just north of Dundas in downtown Toronto. Court time is 11:30 am. Bring your family. Bring your loved ones. Bring your friends. Nearly 3K of you have visited my bog since I set it up two months ago, I'd like to see HUNDREDS of you show up on June 19. It doesn't matter whether you come to be in her corner or my corner - PLEASE JUST COME.

Why? Well for four reasons that I can think of:

1. To see how fair and just our legal system operates - especially when compared to the legal systems in many, many other countries in the world.
2. To hear the mean-spirited and shameful things that people who used to be in love do to each other when they fall out of love, especially when children, or in our case, grandchildren are involved. (In the past couple months I have spent hours just sitting in Family Court as a spectator - hence I have named 311 Jarvis 'The House of Broken Loves.")
3. I need to be taught a lesson - so embarrass me, browbeat me, grill me! I tend to learn lessons best when they involve emotional pain. The lesson I need to learn? "You were a REALLY bad judge of the Respondent's character James! Learn to do better!"
4. You will be reminded that a relatively simple disagreement takes on a life of its own as soon as one of the parties hires a lawyer.

Oh, and see if you can figure out the one fundamental question that nobody - not the Respondent, not her lawyer, not my adult kids, not the court - has thought to ask me.

Many thanks... Peace, James

Oh... and those of you who I see are following my blog and live in Belgium, Poland, Venezuela, Netherlands, UK, Lithuania, South Africa, China, and Germany.... I will understand if you can't make it.

House of broken loves - part 5

Doing my research at The Bora Laskin Law Library - Toronto - 2:28

Interesting facts:

1. The legal system calls an unrepresented litigant (such as me), a 'Pro Se'. Which is Latin for "someone who is out of his friggin' mind, or simply out of money."

2. The Ontario Family Law Act Manual, which is the 'Bible' for family court, is NOT fun reading and costs a whopping $260 - just in case you wanted your very own copy for your bookcase.

3. A Pro Se is supposed to know as much as a lawyer about the law and legal process and is therefore  not afforded any preferential treatment by the Judge.

4. A judge may not supply the Pro Se with any legal 'advice' or otherwise assist the Pro Se.

5. You have the constitutional right to represent yourself in court - assuming that you have not been completed dissuaded by the above points 1-4.