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   can.legal      Debating Canuck legal system quirks      10,932 messages   

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   Message 10,331 of 10,932   
   John KingofthePaupers Turmel to All   
   TURMEL: Terry Johnsgaard "Renew Expired    
   24 Jan 18 15:03:32   
   
   From: johnturmel@yahoo.com   
      
   JCT: Yesterday, I wrote about Terry Johnsgaard filing his   
   Statement of Claim for his expired renewal to get his T-   
   number and today he was to file a motion for interim relief   
   from a judge.   
      
   He got a call form a Registry clerk telling him that the   
   Statement of Claim file had been opened, it wasn't right, it   
   needed a blurb to the Defendant in standard claims.   
      
   I know told him to tell the clerk that S.48 motions do not   
   have that blurb. Years ago, I had originally added the blurb   
   and had to remove it!!! So I'm sure. Besides, there have   
   been 30 recent Statements of Claim with without it. I told   
   him to have the clerk send the question to Judge Brown for   
   Directions.   
      
   Terry called back to say the clerk was adamant that he   
   wouldn't process it until it was done right.   
      
   So I wrote a letter to the Court Administrator in Ottawa   
   explaining not only that the Calgary clerk was insisting on   
   something no other of the 30 recent Plaintiffs had done for   
   Judge Brown but also no other of the 300 Gold Star   
   Plaintiffs for Judge Phelan had done.   
      
   Then I told him to get his Affidavit sworn anyway so he   
   could then serve and file his motion to see a judge but the   
   clerk refused. I told him to tell the clerk that he could   
   refuse to file the motion but he couldn't refuse to swear   
   the affidavit which can be sworn anywhere else too.  I   
   wanted him to have his Motion Record ready to serve and file   
   and then argue about.   
      
   Next thing I knew, he did get his Statement of Claim   
   certified, Gold Star, and asked where he could serve the   
   Federal Crown. Edmonton! Arrg. But the Crown could accept it   
   by fax if you called to ask. He did, they did, he did, went   
   back. But with no actual service from the Crown, so there   
   was another snag.   
      
   I told Terry to point at the Magic Words and tell the clerk   
   that he'd moved the judge to allow the screw-up so he wanted   
   it sent for a Direction. What could His Majesty The Clerk   
   say but okay.   
      
   So, no matter what, the motion for short notice hearing by   
   telephone sometime tomorrow must be ruled on and we'll find   
   out if Judge Brown sees any problem with Terry being left   
   unprotected despite his doctor's prescription for a renewal.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)   

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