Looks like you juiced a gremlin. No no no. I'm not drinking that stuff!
Just drink it. Anything that looks like that
is not good for you. Just freaking drink it. It can make you smarter.
I'm not drinkin that! Rosalia will. Lia'll drink it. She's like
healthy and granoly and stuff. Lia's much smarter...
My friends is in a nasty divorce. Music to my ears.
CAS showed up at her door one day. She suspects it could be her ex who
made a complaint against her but you got you know what happens when CAS just
shows up at your door? Okay so a Children's Aid Society is a creature of
statute governed by the child Family Services Act. The short story is that
anytime CAS gets a complaint they're required to investigate, and it doesn't
matter that complaint is nonsense or if it's real. Ex's like to make complaints to CAS
just like they like to make complaints to the police. They like to use the social
service agency sometimes as tools in their matrimonial law so when the
Children's Aid Society shows up, you have a choice: you can allow them to come
you can voluntarily answer their questions, you can let them poke around
you can let them see what's going on or you can say I'm not gonna let you come in.
I don't want to answer your questions I'm not going to talk to you go away. The
Children's Aid Society then needs to decide if they have reasonable and
probable grounds to apprehend your child because they believe the child is at
risk and this takes into part three in the statute. If they believe that a child
is at risk for a full garden-variety reasons that are open in statute they
can come in and scoop your kids. Now that will stop the heart of most parents; the
thought that some social service agents can come in and take your kids- they
don't need a warrant to do it they don't need any legal document to do it they
are empowered under the statute to come and take your kids. If they do that, there
is a court process however, that happens very very quickly. They are
required to have these children in front of the judge within five days and unless
there is a real likelihood these kids are going to suffer harm if they are
returned they are required by statute to return kids for the parents. It's only in
those exceptional cases where there is real evidence of a real likelihood harm
to those children to become temporary Ward's the state, what they call
Society wards or become long-term crown wards. Now we're getting a little off topic,
of "what do you do" when at the door. Number one: when they're at the door get
on the phone call you need to call lawyer who knows a lot about family law
on child protection often because you now need to make a fairly quick judgment call we
need to analyze this situation and you need to decide is this a situation where
I can tell the children's aid to go away because it's not every time that the
children's aid need to be at your door and like many situations it's not every
time when there warranted to be at your door sometimes they should not be at your
door but not every children's aid worker is the textbook model children's aid
worker like lawyers like doctors there are good ones there are mediocre ones there are bad ones
I've had situations where I've called Children's Aid and I said look get away from
the door we're not going to talk to you you don't have the right to come in
you're trespassing we're not going to give you any information if you want to roll the
dice and apprehend the kids go ahead we will see you in court on Monday morning
but we'll be looking for legal costs and there are times when that works and they
get a supervisor involved and they decide to back off you don't always want
to talk to the children sometimes it's an unnecessary intervention or invasion of privacy
sometimes they're coming around
all the time and you have become their treat of the week but there are other
times when if you know it's a vexacious claim you know you've got nothing to
hide nothing to worry about I would say you have a good objective
worker invite them in don't make them that green gooey stuff offer them
a cup of tea sit them down let them see your house let them talk to your kids
let them satisfy themselves very quickly but this was a bogus complaint because
the Ex is going to keep making them and it won't take long for a seasoned
and experienced worker to decide that the Ex is the problem here they're gonna put a
couple little red buddy years beside the bozo's name next time this jackass
calls just tell them to go have a nice day but it's a judgment call right
really is a judgment call they hold extraordinary powers they have more
powers than the courts and the police in that first instance where they can pick
your kids up and literally walk them into a car and you have no power to stop them
you pray to God that you never go through that moment
is there any consequences for someone who makes a vexatious report to
CAS in the context of the CAS proceedings no in fact CAS will very jealously guard
the anonymity of any complainant of any referral source that doesn't mean you
can't ultimately get it disclosed in the court proceedings especially if the court
figures out that it is bogus and it's vexatious but there are civil
consequences it's called defamation if I call up the CAS tomorrow and I say that
Tammy Picard's a bad mom and Tammy Picard beats her kids all the time and Tammy
Picard doesn't feed her kids like yeah imagine an Italian not feeding her kids hello McFly
then I am tarnishing your reputation I am calling you out in a very very bad
way it's a direct attack on your character and that's defamatory so I can
be sued for defamation now the only problem here is a civil suit is only as
good as your ability to collect the judgment is against the person who
committed the wrong defamation it's not going to help me because he doesn't have
25 cents or as my granny used to say a pot to pee in or a window to throw it out of
got a piece of paper that says he owes me six hundred thousand dollars for
defamation and I'll never collect 25 cents a lot of
these warring exes understand that because they have no money they don't own
a house they have a lousy job they have no money in the bank but they can
say this kind of stuff in their judgment proof for the short answer is there's a
simple consequence depends on who says it the worst suing for defamation yes if
they're not, no. okay
so um a client of ours has had--- oh wait I'm in a pickle
a client of ours had a nasty experience with a judge in Family
Court so um what's up with judges some are good judges bad
judges um judges are people judges are people too um judges I don't envy
judges people think that the judging is a like serious job you know there used
to be a great Monty Python skit about judging versus coal mining and people
don't understand that when judges get appointed and I've had friends of mine
appointed judges god bless them they suddenly have a very restricted social
life later because the public watches people with that kind of responsibility
and they need to have the perception that these people are at all times removed
that they are above that they are independent so you don't get to
socialize as much as you used to you don't get to go out and sit on a patio like
this and have a couple glasses of wine that's probably a big no-no future
you're allowed to do it if you're a lawyer you're allowed to do it if you're a law clerk you're
about to do it if you're a photojournalist but I don't envy their
life and at the same time they are very cloistered from the point of view that
they have limited contact with the public in their official capacity you
only get to speak to them essentially in a courtroom or in a very formal setting
they don't get to have chit-chats so most of the communication with judges when
they're sitting up on that bench and they're wearing a robe in the sash and
they're presiding over courtroom now that having been said with great power
does come great responsibility and as in all walks of life there are some judges
who do it better than others there are some lawyers and doctors there's some
police officers and teachers who do it better than others and I don't think
that there is any excuse for anyone in a person who's in a power of a position
rather of power and authority to be rude to be dismissive to be condescending to
be short-tempered again with great power comes great responsibility
and especially when you're dealing with individual lawyers have this chance I
got I got a high like a rhinoceros after 32 years in the business but you know I
remember what I started we used to have a system called the High Court of
Justice and some of the justices from the High Court would come up here from
Toronto while they weren't always the warmest and friendliest people you could
ever meet and some of them could be pretty nasty when they were sitting up
there and we all collectively as officers of the court the lawyers the
judges we all decided that there was a better way to do stuff that the judges
while being in authoritative positions could exercise that authority with politeness
yes with courtesy with grace and with understanding are there still a few
hanging around who missed that memo regrettably yes and and I've had
occasion one or two times to very politely stand my ground and say with
great respect your honor that comment was uncalled for that comment was
unwarranted as an officer of this Court as are you I do not deserve that when I
am behaving appropriately oh that's a little easier to do when you've got gray
hair it's harder for a young lawyer to do I've done that on one or two occasions
when I've seen young lawyers getting the brunt of perhaps a judge having a
bad day reminds me of Margaret Thatcher when
Prime Minister was famous for many things but one of which was a saying
that I adore and it was being powerful was like being a lady if you have to
tell someone you are you probably aren't I think one of the greatest exercises of
judicial authority I've seen from a very young judge was just appointed and he
had a very senior lawyer in front of him and the lawyer was being somewhat rude
to the judge and the judge very politely addressed this lawyer who's now diseased
and said sir I have allowed you to go on because of your seniority and your
respect before the court but you must now understand that despite my young age in
comparison to you that I am a judge of the Superior Court of Justice and you
will not address me again in that fashion or regrettably I will be forced
to impose consequences upon you that you will not enjoy
that's also a comment that should be considered by some judges who whether
they're having a bad day take it out on the lawyers or the litigants we all
serve the same system as officers of the court and that is ultimately serve the public
I'm never disrespectful another litigant i'm never disrespectful of the person on
the other side I have a job to do yeah from their perspective my job what is
being done is never pleasant they don't like the receiving end of it but I can
still be courteous to them even when I'm doing my job so as in every walk of life
I think the courtesy is important I think that civility is important and that needs to
apply not only the people who walk down the street needs to apply to
professionals it needs to apply to people in authority and it certainly needs
to apply to those who sit in those high ranks like our politicians on our
judicia
so our Toronto office is opening soon it's opening soon it's 14 degrees and
cloudy and rainy in Toronto today and we're sitting here on the patio in Timmins in
God's country the land the time forgot 27 degrees and sunny so yeah we're
opening in Toronto the new place is opening up we just finished the
renovations shout out to my decorator extraordinaire
Lori Wilder and my wife Marina who've been doing an amazing job moving me into an
amazing office I have the pleasure of moving into Eddie Greenspan's office he
said Eddie, Eddie passed away a couple of years ago and I've had the good fortune
to be introduced to his daughter Juliana who's running the law firm and Julianna's
been brave enough and gracious enough to let me move into the third
floor of this incredible old CIBC Bank building in the northwest corner of King
and Jarvis which is literally just up the street from the King Edward hotel
where I've had the pleasure of doing a lot of cooking things over the years my
friend Daniel Schick is still the exec chef there and he's been kind enough to
offer that from time to time me even come over and and cook a couple of
lunches together we have a kitchen in this new office we have a restaurant
kitchen Mr. Greenspan was a fan of many good things many good things
culinary and he's got a kitchen in this office that I've made Julianna promise
that I can play with from time to time so that'll be... Julianna, all my food is
calorie free by the way and we don't juice well actually yeah I did juice a ham and
Krispy Kremes once but but I promise to leave that recipe secret so yeah we're a
couple weeks we'll be in you ladies will all be coming down to meet up with the Toronto
staff and spend a couple of days and check out the new digs and hopefully by then
Toronto will have some of Timmins' good weather
Daniel and I were actually doing breakfast together
Daniel's an extraordinary cook and there's there's nothing as Schmo like me
is going to teach Daniel Shik who is one of Switzerland's better cooks and
he's been the exec chef at the King Eddie for years but I do have a couple
old tricks and he was looking for a couple maybe a new item for the the
breakfast menu and a dear friend of mine Sebastian de Gardens who is rated
France's third best pastry chef my opinion second best but politics taught
me once how to make something called an omelet souffle au parmesan so imagine
your garden-variety omelet but instead of lying flat on the plate it's also a
souffle so with Parmesan cheese it rises up probably about six and a half seven
inches in the pan and it is absolutely delicious it's like air but with a parmesan
perfumes so Daniel and I made that together and I showed it to a
couple divine cooks and that's my friend Pierre Priogo has taught me always share
the recipe you gotta pass it on yeah so yeah looking forward to that is it easy
to make piece of cake yeah piece of cake share the recipe sure
recipes the recipe is easy you should share the recipe on your YouTube channel and I can
tell you you get yourself six egg yolks and get yourself some milk you're going
to make a bit of a roux with the egg yolks in the milk and you're going to
mix those together you're gonna heat them up with a little bit of flour and a
pan so it's going to thicken the meantime you get ten egg whites you're
going to whip them on the side you grate a bunch of Parmesan cheese into that
roux you've made with the yolks in the milk don't overcook it or it'll get really
lumpy get that nice and warm in the meantime beat your egg whites until
they're really fluffy and stiff pull those all together put a nice Teflon pan
started on the stove top so you get a nice crust on the bottom throw it in an
oven at 400 degrees for about 10 minutes and voila
I'm not so sure parmesan amazing absolutely amazing great with a green
salad don't juice it whatever you do don't juice my omelette
Oh what's in that? There's gotta be kiwi right?
here we go offer they look like monkey testicles, kiwis, I just thought now it's hard to eat them
They do! Just saying. I'm just going to stand here while you chew on your sandwich
well they do Now I will never look at kiwi the same way again
don't hold your hands out like that. don't hold your hands out like this, there ain't no monkey there ain't no kiwi that's endowed like that
at least none of the National Geographic editions I looked at
as a boy, no, no
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