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 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)   

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


(c) 1994,  bbs@darkrealms.ca