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I believe there's only one court decision in Alberta that has referred to this tort, so it's not clear whether it'll be followed. For example in Ontario, a judge created a new tort of family violence, but their Court of Appeal overturned the decision on the basis that there were already established tort categories such as assault.
I would assume that suing for harassment would be a lawsuit filed in civil court through a Statement of Claim, so I'd recommend speaking to a civil litigation lawyer.
Also keep in mind that if you want the Court to see that you're not the cause of the high conflict, filing an extra lawsuit might backfire, unless maybe if it's crystal clear that the conflict is the result of the other spouse (for example if they've been declared in contempt of court multiple times, have had their pleadings struck, etc...). I'd definitely recommend speaking to a lawyer.
15 months ago
Emma Peters (Spruce Grove )
Hi, no this is more of a harassment issue, like being run off the highway, being followed, chased at high speeds down icy back roads, having my vehicles tampered with, and him sending me disturbing pictures in emails of dead rats. Those are the things I was talking about
05 months ago
Emma Peters (Spruce Grove )
@Emma Peters: how would someone use the term undue influence in family court, where they signed a document they didn't want to sign, was told by the lawyer there that they had to, and just recently found out some information that, had they known this information at the time, they would have never signed it
05 months ago
Emma Peters (Spruce Grove )
No, he just keeps trying to get rid of me, permanently.
Evidence is key for any application, including those for undue influence and/or a restraining order. Gather your evidence and speak to a lawyer.
05 months ago
Emma Peters (Spruce Grove )
I have tried. Since I found out about some shady land deals going on in another province with my ex and his supposed ex lawyer, my ex got real mean, then my phone was hacked into, and now I'm missing files, have 3 different companies working on trying to figure out that one. In morning chambers, I realize that what you want to let the justice know, should be short and to the point, right? If they want you to provide evidence, or exhibits as attachments though, my statement to the courts becomes quite large, so how do I write it out so that the justice will actually read it thoroughly? My last lawyer I retained,whom I discovered later on, didn't even work for the firm, that I hired them from, but does now,managed to get me an order for access to bank accounts, took them 2 months to send it to the courts,my ex just ignored it. So when I asked my lawyer if they could make my ex comply with it, and give my ex, my formal offer to settle, they refused to do that, and then recused themselves as my lawyer, which put me back ti square one. Also,I never give out my physical address, but the secretary at that firm said they had to have it. I reluctantly gave it to her. Only 2 other people, that I trust with my life, knew where I lived. The day after a court date I had, someone was parked on my road watching me work, as soon as I picked up my phone, they took off like a bat outta hell,as my dad use to say. Why would a lawyer refuse to get an order he obtained for his client,complied with. This is what I don't understand.
05 months ago
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