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|    can.legal    |    Debating Canuck legal system quirks    |    10,932 messages    |
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|    Message 9,959 of 10,932    |
|    John KingofthePaupers Turmel to All    |
|    TURMEL: Crown resistance to Heidi's serv    |
|    20 Dec 14 07:12:16    |
      From: johnturmel@yahoo.com              JCT: Seems the Crown wasn't too happy about Robert Roy       trying to introduce the Allard Appeal decision in his       Supreme Court of Canada application!              My problem was that both Left-Outs Robert Roy's and Stephen       Burrows' Replies had been filed which close out the       arguments. But Stephen was still within his 10 days so I       could have introduced it in an Amended on-time Reply. But       that wouldn't give the Crown the chance to respond, which       they could and should object to, so to give them that       chance, I had to move for the extension to file a further       Memorandum in the Application which gives the Crown their       automatic 10 days to Respond.              But since I was going to have to ask for the extension of       time, then it didn't have to be Stephen bringing it to the       Court's attention since they have adopted each other's       arguments, it can be Robert.              Stephen brings the baggage of facing death with his being       Left-Out while Robert brings the "3 days early" pure and       simple, the issue I want to focus on. So Robert is the one I       chose to file the Motion for time to file the Supplementary       Memorandum bring Allard in.              I couldn't imagine there'd be a problem serving it on the       Crown but Heidi Chartrand reported on her adventure with a       recalcitrant Crown:              >>       I need help! Call me 902-579-4663. She is saying she wont       accept... She wont accept.              I am getting a written letter from susan inglis stating that       if we missed any deadlines for filing she will still accept.              She is saying he is not allowed to file because he already       filed a memorandum in reply and as far as she can see on the       rules you can only file one reply.              Oh now she is saying since there is no rule she may accept       them.              I suggested taking them and letting the court decide if it       needs to be accepted or rejected... I will report back on       the final verdict.              Hahaha did things my way and are accepted. They are       reserving the right to argue points in it. Whatever that       means              Jct: It's what I suggested they could do with 10 days to       respond! Har har har har har har. Great story to tell.       Check out the Notice of Motion, it asks for an extension of       time for me to file and for the Crown to respond!!! So if       they insist on what I offered, great. Har har har. All it       shows is that I went the right route and offered my opponent       what the opponent thought fair before finding out I'd       offered it.              Hahahaha awesome! She was such a hateful witch at the       beginning. That was a trip and a half. Here is the letter       she wrote for me.              Good Afternoon Mr. Roy,       I am writing with regards to your Record of Motion for       Supplementary Memorandum on the above-noted file, which was       served on me, on behalf of the Attorney General of Canada,       earlier this afternoon by Ms. Heidi Chartrand.       As I advised Ms. Chartrand, I have some concerns with       regards to this motion, however, in the interests of       efficiency I have accepted service.       Please note that on behalf of the Attorney General of Canada       I reserve the right to make additional arguments regarding       any and all procedural and substantive issues related to       this motion.       Sincerely,       Susan Inglis              Jct: For the record, next time a Crown says they won't sign       for service, hand it to them, say: You're served, I'll swear       an affidavit of service if you won't sign.       Then on the back where she would have signed, you write up       the little blurb from my usual motion that says:       I did personally serve the doc on the Crown at xxx address       on yy date... Line for you to sign, line for commissioner       clerk to sign. And it's in. So they can never stop service       even if they refuse it.              Oooh good to know!              Jct: I've done it before. I've even had a Crown refuse in       court out loud to accept service and I just shouted: You're       served!       It just means I have to go through the inconvenience of       getting an affidavit of service sworn instead of you       signing. 2 minutes at the Registry! Har har har. They       usually expect a whole Affidavit of Service but the blurb       has always worked!!!              I wasn't leaving there without something signed from her.       Too many people have tried to mess with me this week I was       not having any nonsense from her!              Jct: Anyway, great news. I'm going to go post the report       now. Wasn't that a great cop-out I exposed!! They had the       power and are just bouncing it around.              Great news!!!       <<              JCT: So we get to challenge the Allard Appeal decision not       to broaden the remedy sought in the cross-appeal right away       but to send it back, while Conroy accepts it for his Allard       Left-Outs and goes back to waiting for the eventual remedy       directed by the higher court.              Anyway, the Crown sure have a tough sell trying to keep the       Allard decision out, I'd say. The Crown homies in Nova       Scotia just aren't used to "edge-of-the-box on-side" moves.       New information has to have a way of being introduced and if       there isn't, any judge has the power to change or create       rules to let relevant information get in.              So what do you think the chances are that the Crown will       manage to get the Supplementary Memorandum rejected from the       file for being too late? I'll bet even money they fail and       it gets in. And what a beautiful card to add to our Left-       Outs' hand!!! And for us below for too! And me too.              Remember, I'm the lead Appellant in the 26 consolidated       appeals for Interim Exemptions for Personal Medical Use and       I'm not sick! I want it to prevet what it's good for before       getting it and the benefit of neurogenesis but if healthy me       gets exempted, sick guys all do too.              Stay tuned, tons more action coming up below. And it sounds       like Heidi had an empowering day.              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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