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Father at centre of 5-year custody battle wants $500K from ex and lawyer who relied on ‘fraudulent expert’

The B.C. father at the centre of the longest child welfare civil litigation in the history of Canada is seeking more than $500,000 in special costs from his ex-wife and her lawyer.

That’s according to newly released court documents that reveal deeper insight in a high-profile custody battle that saw a father torn away from his four children and accused of child sex assault.

The case goes back more than five years to a messy divorce between the man, known only as B.G. due to a publication ban, and his ex J.P. It and evolved to include serious allegations of negligence in the Ministry of Children and Family Development.

READ MORE: How B.C.’s ill-equipped system spawned the longest child welfare fight in Canada’s history

In 2015, a B.C. Supreme Court Judge ruled that B.G. had sexually abused the children and the ministry had failed to intervene.

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But in a bombshell ruling last September, the B.C. Court of Appeal tossed the decision — finding that the lower court had relied on a fraudulent witness, Claire Reeves, who’d earned her accreditation from an online “diploma mill.”

Earlier this month, the Supreme Court of Canada declined to hear a further appeal of the case.

However, a new trial has been ordered to settle the question of custody for the four children.

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B.G.’s application asks nearly $520,000, to be awarded as punitive special costs, a payout it alleges is needed because “this is a rare case which calls for the sharpest of sanctions.” The application alleges J.P.’s should not have relied on Reeves, and that “the results have been devastating to all involved. An award beyond ordinary costs will begin to address this harm.”

READ MORE: The family lawyer whose zealous advocacy missed ‘obvious red flags’ and helped an unfair trial proceed

The application further notes that “the legal costs of any future family trial could also be substantial, and half of any costs recovered will assist [him] to participate in a future family trial.”

It notes that J.P.’s lawyer Jack Hittrich had estimated that “the legal costs of the Appeals and future family trial and civil trial proceedings ‘could be in excess of a million dollars.'”

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Earlier this year, Hittrich filed a lawsuit against Reeves, claiming the case never would have been overturned if the high court hadn’t found she had fraudulently misrepresented her expertise.

READ MORE: The B.C. dad who couldn’t afford a lawyer, couldn’t get legal aid,and lost access to his kids

Global News has reached out to Hittrich for comment.

However, in a newly revealed sworn statement he says that initially he didn’t have any concerns about the Reeves’ credibility.

However, he said her report had spelling mistakes and there were concerns about its overall quality.

He said that in over three decades of practicing law, he has never met an expert witness with false credentials.

 

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