home bbs files messages ]

Forums before death by AOL, social media and spammers... "We can't have nice things"

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

[   << oldest   |   < older   |   list   |   newer >   |   newest >>   ]

   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)   

[   << oldest   |   < older   |   list   |   newer >   |   newest >>   ]


(c) 1994,  bbs@darkrealms.ca