Ontario woman who sued her divorce lawyer hit with $80K bill | CTV Toronto News

Ontario woman who sued her divorce lawyer hit with $80K bill | CTV Toronto News

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Brantford Lawyer accused of second scandal

March 14, 2014 By Dan Perrins 0 Comments

On February 26, 2014 I made a video called “Notice Given: If You Lie about Men I Will Expose Your Lies”

The video was made as a direct result of what I witnessed in a case before the Brantford Ontario Courts. In the video I mention Tom, a regular guy who is going through a pretty tough custody battle.

Tom alleges that his ex-wife’s lawyer, David Maltby, has acted dishonestly in the case and that he has intentionally obstructed Tom’s efforts to achieve a just resolution to the matter. Tom claims that Maltby has intentionally entered false information on court forms; delivered court documents to the wrong address outside of the prescribed time; and that his ex, Cindy, made it difficult for him to visit his child.

While Tom’s allegations are yet to be tested in a court of law, Maltby (a Brantford lawyer whose main areas of practice are family, real estate and civil litigation) has acted unprofessionally before. Maltby was found guilty by the Law Society of Upper Canada of misleading a client and delaying delivery of legal documents to a second lawyer the client hired. According to Maltby, “I delayed the case although it was commenced through another lawyer. I acknowledged what I did and admitted I had not served my client well.” Maltby had lied to his client over the course of SIX YEARS, telling her that he was working on her behalf (while under retainer) despite the fact that he hadn’t begun any legal action.

That case was originally covered by Susan Gamble, of the Brantford Expositer.

Read more at the above link

Reposted with permision,Thanks to Men's Human Rights Ontario ← Equality For All

http://www.mhro.ca/

The Risks of Self Representation

Recently an individual represented himself in a wrongful action before the Ontario Court of Appeal. He was appealing the decision of Mr. Justice Morgan from November 28, 2012 dismissing the action [Musoni v. Logitek Technology Ltd., 2012 ONSC 6782].

The decision of Morgan J. outlines a number of other proceedings brought by Musoni, including a complaint against a lawyer who had been referred to him by the defendant, as well as a human rights application.

No mention was made in either judgment of what have been found to be fatal errors in termination clauses of this sort in numerous other judgments. Whether or not the trial court and/or the Court of Appeal were made aware of the clear law in this area they neither discussed nor applied it. Clearly, Musoni was not aware of it.

Musoni had costs awarded against him both at trial and at the Court of Appeal. According to the facts as articulated by Morgan J., he should have won!

In Canadian law, a reasonable apprehension of bias is a legal standard for disqualifying judges and administrative decision-makers for bias. Bias of the decision-maker can be real or merely perceived.

I am constantly hearing that "ignorance of the law is no defence". In my opinion, one would expect that the Judges and Courts would be knowledgable in All of the Law and apply it equally no matter what.