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|    Message 10,440 of 10,932    |
|    John KingofthePaupers Turmel to All    |
|    TURMEL: Crown wants Harris 2nd motion di    |
|    05 Jul 18 08:56:21    |
      From: johnturmel@gmail.com              JCT: On Jun 27 Wendy Wright updated Judge Brown that Jeff        Harris' permit was still being processed the day after it        had been issued on Jun 26 and was no longer being processed!        Looks like OMA Director Michael McGuire didn't tell her        before she misled the Court.              But McGuire snail-mailed it out 3 days later on Jun 29 after        Judge Brown issued his judgment that afternoon.               But Jeff beat the mail-man by filing a motion by email for        immediate processing before the permit could be delivered to        mooten the issue.               Here's Wendy's Response to his new motion which sounds like        McGuire hasn't yet told her the permit she's still defending        not issuing has already been issued! Har har har:               Wendy Wright        CR: July 4 2018        VIA FAX               The Honourable Justice Brown        Ottawa               Re: HARRIS, Allan v. HMTQ (Turmel Kit)               Please place this letter before His Honour Mr. Justice        Brown.               I received a new notice of motion in the above-mentioned        proceeding. Among other things, the notice of motion asks        this Court to issue an order of mandamus that "Health Canada        immediately verify whether the last box on the Plaintiff        form has been signed" and complete the processing of the        Plaintiff's application forthwith."               JCT: It's the same remedy sought in his original similar        request that 2 months was too long to process his        application (which they didn't tell him was incomplete)        whereas his new request grounds are that 2 weeks to check        the last box was too long. Who says you can't seek a similar        remedy on different grounds? It even said so right in the        motion:         15. It is not that processing the application is taking         too long but that verifying that the last box was signed         is taking too long.              CR: It is Canada's position that this notice of motion is        improper, as it is an attempt to re-litigate the issues        decided in the Plaintiff's earlier Motion for interim        relief, which was dismissed by this Court on June 29 2018.               JCT: She may not yet know that the only reason it was        dismissed and not mooted is because she misled the court        that it was still being processed when it was no longer        being processed.               CR: In the event that the Plaintiff wishes to dispute this        Court's decision to dismiss his earlier motion, the proper        course would be to bring a Notice of Appeal, rather than to        collaterally attack the Court's decision by way of a second        motion, which essentially seeks the same relief as the        first.               JCT: Appealing the dismissal of the motion seeking remedy on        an incompleted application is not the smart way to go. And        he's not collaterally attacking the judgment when he agrees        there was nothing else the judge could do. Without a        complete application, the judge couldn't be expected to do        anything, could he?               But right now only Jeff and McGuire know it was issued on        Jun 26. Time to inform the Court and Wendy in the the Reply        letter:               Thursday July 5 2018        VIA EMAIL               The Honourable Justice Brown        Ottawa               Re: HARRIS, Allan v. HMTQ (Turmel Kit) T-881-18               Please place this letter before His Honour Mr. Justice Brown        and let it be Plaintiff's Reply if yesterday's letter dated        July 4 2018 be deemed the Defendant's Response.               The Crown has written:         It is Canada's position that this notice of motion is         improper, as it is an attempt to re-litigate the issues         decided in the Plaintiff's earlier Motion for interim         relief, which was dismissed by this Court on June 29         2018.               The Applicant wishes to inform the court that he did receive        his permit later on the afternoon of July 3 after filing the        motion in the morning. It had been issued a week earlier on        Tuesday Jun 26th and mailed out Friday night after the        court's June 29th judgment.               The only reason the motion was dismissed and not mooted was        because the Crown's Jun 27 Reply misled the Court into        believing that the permit was still "currently being        processed" when it was no longer being processed at all but        had already been already issued; and that information        withheld from the court for 3 days.                In the event that the Plaintiff wishes to dispute this         Court's decision to dismiss his earlier motion, the         proper course would be to bring a Notice of Appeal,         rather than to collaterally attack the Court's decision         by way of a second motion, which essentially seeks the         same relief as the first.               Appealing the dismissal of the motion seeking remedy on an        incompleted application would seem to be a waste of time        while Applicant was seeking a similar remedy on different        grounds, not that the processing of the application took        undue time but that the verifying that the last box was        signed took undue time; and getting it to Canada Post took        undue time.               Now that I have informed the Court that the motion had been        mooted all along, I would also point out that if the        Defendant had told the Court that the permit had been        issued, no judgment would have been pronounced to be        collaterally attacked.               With the issue of both motions now mooted by delivery of the        remedy, the only remaining issue is whether Applicant should        be awarded punitive costs for the Defendant having misled        the Court into writing a redundant judgment.               Dated at Burnaby on July 5 2018        Jeff Harris               JCT: So, Judge Brown is finding out this morning how McGuire        tricked him into writing a judgment on a mooted issue.        Again. Wouldn't it be nice if Judge Brown asked why he        wasn't told? Wendy can only dump on McGuire.               The ass-hole who thinks he's above the law deserves it.                                    --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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