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Unregistered 12:01 PM 03-18-2015
Originally Posted by Ariana:
This story is so horrible in so many ways however the judge really had no choice because no witnesses were called. If the CAS worker had been called then he would have ruled in her favour. I am really hoping this case gets overturned but in an appeal you can't produce any new information so a new judge will simply look over what was already presented.

Hope it goes your way Canadian Lady!! I am rooting for you
You are right in an appeal in Ontario it's hard and costly to fight to get new evidence and witnesses in an appeal and it is very rarely allowed. Unfortunately for me the deadline for an appeal has passed. The Society did find a lawyer for me that would work pro bono but I would still be required to pay for all dispersments which can be 8000$. And if I lost the appeal I would be looking at paying 40 000$ or more. It was a very hard decision to decide to not appeal but I couldn't financially afford it. So I'm left having to pay the judgment. This is why I am fighting for changes...I'm your average dcp and we all know we don't make much. It's hard for me to wrap my head around paying the judgement so I tell myself it's all for a reason and that must be to fight to change the legislation to ensure this does not happen again.

I did have witnesses in my case,however they were not expert witnesses. the other side did not have any witnesses. I believe also had the right questions been asked and IMO the judge was not biased I think things could have turned out differently. In the end what I learned at what is reasonable grounds for me may not be reasonable to someone else. With that being said this ruling still sets a precedent and is a slipper slope in that reasonable grounds will now be up to interpretation by a judge. This is scary in that now people will now be afraid that their feeling, suspicion may not be enough in a court of law and then therefore choose not to make a report. Even though the society may feel your report would be reasonable and therefor will put all children at risk. I believe that no one should have to fear being sued when trying to protect the child with no ill will.
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