Lawyer wins at Dave and Goliath fight

 In Brian Warrington


“Lawyer wins at Dave and Goliath fight”

AUGUST 15, 2013

With a closing argument that stunned his opponent, Calgary family lawyer Brian Warrington, pulled off a win for his client after a five day trial. The Judge awarded the wife generous spousal support, spousal support arrears, as well as almost half the equity to the home. “It being a common law couple ….you have prove contribution “says Warrington. “There is no presumption, in Alberta, that a common law wife is awarded half of the property. But we did that, proved she did as much if not more than her partner to maintaining that home …. not to mention all the spousal support the boyfriend could have been paying”, he adds.

Over five days the Judge heard from a host of witnesses from both sides. The boyfriend (names withheld for reasons of privacy) and a number of male witnesses tried to portray the couple as mere friends.  “But the Judge wasn’t having it “says Warrington.  One after another the boyfriend and his friends were subjected to Warrington’s unrelenting cross examination who, time after time, exposed inconsistencies and lies. “It was a good exercise” says Warrington, “they tried and they failed. My client was honest, upfront and they did not shake her”. I believed in her and she is now safely in that home, a home that was hers all along.

Twice the boyfriend and his lawyers brought a motion before the court to evict his client from the home before the trial. Warrington twice beat those court motions the second time obtaining costs for his client in addition to winning trial costs for his client.

As to his method, Warrington remarks that it took solid preparation and hours of preparing his client, which he remarks wryly, sometime occurred at his client’s kitchen table with her affectionate dogs on his lap. “It was a bit of a David and Goliath skirmish” adds Warrington. “The boyfriend was paying a fancy blue chip downtown firm. This woman came to me, very distraught, in tears, no money and a month before trial having been abandoned by her previous lawyer but  we got down to work…”

At trial, Warrington cited case after case in support of his client. With his opponent struggling to keep up, Warrington established his client was entitled to a portion of the matrimonial home with generous spousal support.

In a rare twist Warrington states the boyfriend thanked him for being a gentleman at trial adding he wished he [Warrington] had been his lawyer.

That goes to show lawyers can do their job at trial without being nasty, says Warrington adding he wished other lawyers would learn to do the same.



For more information go to Brian Warrington’s Calgary Family Law web page.


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