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|    can.legal    |    Debating Canuck legal system quirks    |    10,932 messages    |
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|    Message 10,368 of 10,932    |
|    John KingofthePaupers Turmel to All    |
|    TURMEL: Jeff Harris Time-Table for Delay    |
|    02 Mar 18 09:16:48    |
      From: johnturmel@yahoo.com              TURMEL: Jeff Harris Time-Table for Delayeds MedPot Grow Permits              JCT: Jeff Harris is Lead Plaintiff for over 70 Plaintiffs in       Federal Court for Cause of Action A claiming damages from       short-staffing that has caused unconscionable processing       delays in obtaining their medication.              The Statement of Claim has been upgraded so that later       Plaintiffs seek restitution of the time subtracted from       their prescriptions by back-dating the registration as a       second Cause of Action B. So Jeff moved to amend the       Statements of Claim of early Plaintiffs with only Cause of       Action A (Too-Long Time) to that of the later Plaintiffs       with also Cause of Action B (Back-dated time).              He asked that early Statements of Claim be deemed to have       been amended to those of later ones. I didn't want all       earlies to have to file a new document too. So Judge Brown       ruled that only Jeff should file an officially Amended       Statement of Claim since his remedies would apply to       everyone else too. Makes sense that at least the Lead File       be upgraded officially. Not sure of the rules, I'll check,       but in other courts, you have to underline the extra parts       in red and underline any deleted parts in black so it's easy       to see all amendments. Probably going to be very similar.              As for the scheduling of the documentation, Canada had       already filed the motion to dismiss Cause A. I had blown a       deadline on responding and needed to ask the Court for an       extension of time. Crown suggested I file the response       before getting the extension of time. Har har har. We'd       suggested they amend their motion to strike Cause A to       include Cause B and we'd respond to both; or file a       supplementary motion to strike Cause B and we'll respond to       both separately. His decision, together:               March 1 2018        ORDER        UPON motion filed February 13, 2018 by the Plaintiff for        an Order amending the Plaintiff's Statement of Claim and        related relief;               AND UPON the Defendant consenting to the Plaintiff's        motion for leave to amend and extend time provided that        the Plaintiff's amendments will be limited to those        expressly set out in his Notice of Motion dated February        13, 2018 and provided that the Defendant is permitted to        file additional submissions on its motion to strike in        order to properly address the amendments;               AND UPON reviewing the proposed timetables, and hearing        from counsel for the Defendant and from the Plaintiff        personally;               THEREFORE THIS COURT ORDERS that:               1. The Plaintiff's motion for leave to amend and extend        time is granted.               2. The Plaintiff's amendments are limited to those        expressly set out in his Notice of Motion dated February        13, 2018, without leave to further amend.               3. The Defendant is permitted to file additional        submissions on its motion to strike in order to properly        address the amendments.               4. The timeline for remaining steps in this proceeding        are revised as follows:               A. The Plaintiff will serve and file his amended        Statement of Claim by March 7, 2018;               B. The Defendant will serve and file additional        submissions on her motion to strike by March 12, 2018;               C. The Plaintiff will serve and file his Responding        record by March 19, 2018;               D. The Defendant will serve and file her Reply record        by March 26, 2018,               5. Costs in the amount of $200.00 are ordered in the        cause.                     Of interest, in the Terry Johnsgaard hearing, Judge Brown       ordered them to explain the back-dating of permits. After       all, he knows Igor Mozajko's permit was back-dated so far,       it expired before he could get it! Har har har. Nice for our       judge to have personally witnessed all these abuses, isn't       it?              Again, in this hearing, he asked Wendy Wright how the back-       dating worked. She didn't know. He asked why the form       couldn't have a spot where the doctor can determine when the       period starts or why it didn't last 1 year from the       date of issuance! Like under the MMAR? That's the question       we want them to answer too. Why did they change from the old       way to the new way? And who changed it? So the judge has       grasped the loss patients suffer from back-dating and by       suggesting a fix, it implies an acceptance that it needs to       be fixed!              Again he repeated his concern for people whose exemptions       were allowed to expire without renewal leaving them stuck       with illegal poundage, it infringes on rights they were       already granted!              Finally, Justice Brown wondered why only 1 year limit? Guess       he may not find much sense in patients with permanent       illnesses having to go through what he's seen every year.       Gee, that's one of our constitutional torts that Justice       Phelan had said he'd fixed when he struck down the MMPR!       Guess Justice Phelan didn't do such a good job.              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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