Estate Planning

Funny,Yet Sad

By Hull and Hull LLP

I laughed. I cried.

The  judgment of Justice Quinn in Bruni v. Bruni,  2010 ONSC 6568 (CanLII), released November 29, 2010, may be one of the best judicial reads of the year. 

In granting judgment in what was likely a very frustrating and trying custody/access case, Justice Quinn bluntly calls things as he sees them, revealing a very ugly court battle waged by the parties.

The 27 page judgment, with 47 end-notes, is wry, witty, and laugh out loud funny. However, along the way, it deals candidly and openly with the very difficult issues before the court.  As noted early in the decision, the source of the difficulties between the parties is "hatred: a hardened, harmful, high-octane hatred."  Justice Quinn observes that hatred devours reason, and as hatred has no legal remedy, a satisfactory legal solution is impossible.

Justice Quinn openly acknowledges the tenor of his decision: the parties appear immune to reason – 'Consequently, in my decision, I have tried ridicule as a last resort.'

Some of the better lines from the decision:

• After referring to the wedding of the parties, Justice Quinn states 'I am prepared to certify a class action for the return of all wedding gifts.'

• After referring to the allegation that the wife tried to run over the husband in her van, Justice Quinn quips: 'This is always a telltale sign that a husband and wife are drifting apart.'

• After referring to an allegation that the wife threatened the husband with the Hells Angels, Justice Quinn states: 'The courtroom energy level in a custody/access dispute spikes quickly when there is evidence that one of the parents has a Hells Angel branch in her family tree. Certainly, my posture improved. [The wife's] niece is engaged to a member of the Hells Angels. I take judicial notice of the fact that the Hells Angels Motorcycle Club is a criminal organization (and of the fact that the niece has made a poor choice).'

• Finally, with respect to allegations of various death threats by the wife against the husband, Justice Quinn observes: 'As can be seen, [the wife] and her relatives are one-dimensional problem solvers."

There are many more.

A wonderful decision. 

Until tomorrow,

Paul Trudelle

Full post as published by Toronto Estate Law Blog on December 20, 2010 (boomark / email).