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|    can.legal    |    Debating Canuck legal system quirks    |    10,932 messages    |
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|    Message 10,439 of 10,932    |
|    John KingofthePaupers Turmel to All    |
|    TURMEL: Judge has to nix Harris Amendmen    |
|    30 Jun 18 08:20:47    |
      From: johnturmel@gmail.com              JCT: Jeff Harris signs as Person for his wife and she is       inscribed as his Responsible Person so they both speak to       Health Canada about either's issues.              On March 7 2018 Jeff filed for an amendment increasing his       prescription and changing his DG and grow site to Quebec       where electricity is way cheaper. But he forgot her       signature.              When he called, he was told they could process his       application without a Responsible Person to which he agreed.       But Michael McGuire said Jeff had advised that he would send       in the signature. Someone is lying and the audio recording       will show it except only they have the audio recording.              Jeff then called seven times to inquire about the status of       his application and they never told him that they were       awaiting his signature.              Maybe people should start taping their calls to Health       Canada given it seems they may lie. If he advised he was       going to send it, why wasn't that on the screen when the       staffer was talking to him about the delay.              On May 10 he filed a Motion to get an exemption from the       court until the amended one arrived.              On June 1, Health Canada sent him a S.11 letter demanding       his wife's signature! Then told the Court they were still       awaiting the signature they say he advised he would send.              He pointed out that he wouldn't have called 7 times if he       had advised that he would send it and that the audio       recording would prove him out.              The judge then asked the Crown for more details and Wendy       Wright wrote:        June 27, 2018        Paragraphs 8 and 9 of the Plaintiffs Reply material        provide as follows:        8. Though the Applicant was content to have his        application processed without a Responsible Person,        on June 10, he did submit the required signature by        Priority Post.        9. Mr. Harris is no longer able to produce at the        current production site. He has obtained a        Designated Grower in another province.        With respect to paragraph 8, I can confirm that Health        Canada received Mr. Harris's response to the section 11        letter which contained the signature of his Responsible        Person on June 13, 2017. Now that Mr. Harris application        is complete it is currently being processed by Health        Canada.              JCT: And now, 2 weeks later, and they still haven't       processed the proffered signature! Guess they're not going       to moot the motion and force Justice Brown to rule on it.       Fat chance when the issue is mis-communication vs lie while       the application remained incomplete.               June 29 2018               ORDER               UPON considering that the Applicant had not filed a        complete application until on or about June 13 2018,such        that the Defendant has not had sufficient time to        process the same;        THE COURT ORDERS that the Plaintiff's motion is        dismissed.        Henry S. Brown, Judge              Nice that Judge Brown didn't hit him with costs. Gives them       a message. Plus he may not be happy they didn't moot the       issue. Why make him rule before checking the signature?              So, they got the signature to complete the application which       was determined to only be missing one signature and after       getting completing the application, it's still not processed       after 2 weeks. So maybe the judge should have still issued       the remedy.              Now that they've had the signature for 3 weeks, maybe it's       time for another motion. Not that processing the application       took too long but that processing the signature took too       long. How long should it take to process the application       they've had since March that was only missing a signature?       Does 3 weeks sound like too long to sit on someone's desk?              Actually, I thought Judge Brown had asked for the extra info       to give them time to process the signature and get him his       permit before the judge would have to rule. But no, they       didn't say: It's been processed, the motion is mooted,"       instead they said: "it's in processing so you have to       dismiss while Harris waits some more."              I think it would serve them right if Jeff filed another       motion right away before they can get it to him complaining       about 3 weeks to process a signature being too long and       demanding they process it right away.              It may seem petty but it lets us point out how they could       have acted as soon as it came in but instead wasted the       judge's time and are still making him wait.              Yes, I think them having to respond to another motion on       Tuesday to explain why the 3 weeks now to process one       signature would look good on them.              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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