Court File no. /99




       BETWEEN:                JOHN DOE









(Sworn April 1, 1999)

I, JOHN DOE of the Town of Indian Creek, in the District of Somewhere, MAKE OATH AND SAY:



  1. The following information is true to the best of my
  2. knowledge, information and belief.


  3. Where I do not have personal knowledge of information, I have specified the source of that information.


  4. On April 20, I filed a Notice of Motion, Notice of
  5. Application and supporting affidavit material with the Ontario Provincial Court in Timmins. The court clerk refused to accept the material until Duty Council Mr. Lawyer intervened on my behalf.


  6. I requested a hearing on Friday April 23, 1999 however the court clerk "What's her name" made the hearing date for Friday, April 30, 1999.


  7. I sought the assistance of duty council who arranged that the matter be spoken to by Judge His Name on Friday April 23, 1999.


  8. Mr. Bailiff attempted to serve the documents on Jane
  9. Doe but the women's shelter stated to the O.P.P officer Constable John Doe incident # 156-356-6 that Jane Doe had left the shelter several days ago and was no longer a resident of the Women's Shelter.


  10. The "Applicant" states in paragraph 3 that since the date of separation she has been residing in the Women's Shelter in Ontariotown. The Applicant must have been aware of the attempts to serve her and the Women's Shelter made a false statement to the O.P.P officer to avoid service. On the same day I observed the Applicant driving from small town towards Ontariotown. When she saw the Bailiff and my self she drove at a very dangerous speed in the direction of Ontariotown. Shortly afterwards the O.P.P. apparently in response to a call stopped the bailiff and warned him to not to remain in the area.


  11. The "Applicant's allegations that I assaulted her are
  12. entirely false. In March the "Applicant" assaulted me by punching me in the face and arms in the presence of my Mr. Anne Smith. My Mrs. Anne Smith was going to call the O.P.P but the "Applicant" begged Mrs. Anne Smith not to do so. Subsequently my Mrs. Anne Smith called the O.P.P and made a statement concerning the assault by the "Applicant" on myself. The Applicant has been under increasing stress as a result of charges being laid against her father for childhood sexual abuse against her.


  13. The "Applicant" has previously made a false allegation of assault and caused me to be arrested and convicted. She has admitted in the presence of Jane Smith that an assault did not in fact take place. Jane Smith later found in my home a torn up letter that contained a confession and a desire to pay for her crime for this offence. The letter also details how the children would be better off in my care than with the Applicant.


  14. The "Applicant's affidavit contains many false allegations. I deny the allegations contained in Paragraph 3 that I squeezed her cheeks, that I pushed her forehead, pushed her throat, called her a f$?&*$ bitch. I deny making any threat about making her talk.


  15. The allegations contained in Paragraph 7 are also false. I never at any time slapped the "Applicant". Even when the "Applicant" assaulted me on numerous occasions I would put my hands up to shield myself from her blows. I never grabbed her wrists as she claims.


  16. In reference to the allegation in Paragraph 8 I never made such a statement however I do recall the Applicant making this exact statement regarding her father to the Children's Aid Society in an incident 15 years ago when she begged the C.A.S not be returned to the care of her father and made a statement to the C.A.S that if the C.A.S returned her to the care of her abuser father that one of them was going to die.


  17. In regards to the C.A.S in Paragraph 9 I have always co-
  18. operated with them and kept them fully informed. I am shocked and horrified that the C.A.S assisted her in her abduction of the children by making a false statements to the C.A.S and the O.P.P. Both the C.A.S and the local O.P.P are well aware of the "Applicant's" mental problems. The C.A.S actually wanted to close the file but I insisted that they keep our file open due to my ongoing concerns for the "Applicant's" mental stability.


  19. In regards to the unsworn letter by Mrs. Whatshername of the Women's Shelter", I understand she made a deliberate false statement to the O.P.P a Constable Ontario on Tuesday April 20, 1999 that the "Applicant" had left the shelter several days previously and was not a resident of the shelter. I believe that this statement was to prevent service of legal documents on her and in doing so committed the offence of obstructing justice.


  20. I note that the shelter letter fails to mention that   the quot;difficult time the "Applicant" had was with her first husband who was a violent abuser rather than exonerate myself being the second husband in the "Applicant's" life. I note that the letter indicates that the "Applicant" "seems to recognize when she needs help.


  21. I have always supported the "Applicant" in her ongoing
  22. problems as a result of terrible abuse she suffered at the hands of her father. I have always encouraged her to seek closure by pressing charges against her father. Unfortunately she has not been in a fit mental state to be a witness until December 1998. The decision to testify has caused her great distress and she constantly relives the abuse she suffered.


  23. In late March 1999 I awoke to find the "Applicant" holding a knife to my throat. She was on her knees hysterical crying and told me that she thought I was her father. I took the long knife away from her, I consoled her and she curled up in the fetal position while I held her in my arms till she went to sleep.


  24. Since April 15, 1999 the children's school has reported to me that the children have not attended at all. They told me on Tuesday April 27, 1999 that they contacted the O.P.P. with their concerns about the children.


I swear this Affidavit bona fide and for no improper Purpose.


SWORN before me at         )

the City of My Town, in    )

the District of            )

of Somewheres,             )                                                                                        

. . . . . . . . . ..

on (date) April 1, 1999.   ) 

                                                                                JOHN DOE

                                                                      (Signature of deponent)

. . . . . . . . . . . . . . . . .

Commissioner for taking Affidavits


(or as may be)