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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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