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|    can.legal    |    Debating Canuck legal system quirks    |    10,932 messages    |
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|    Message 9,966 of 10,932    |
|    John KingofthePaupers Turmel to All    |
|    TURMEL: John Conroy optimal strategy and    |
|    04 Jan 15 05:55:08    |
      From: johnturmel@yahoo.com              JCT: I have a day to see if anyone could figure out their       optimal move. Guess only I see it so far. Enjoy:              On Mar 21 2014, Federal Court Justice Manson's ruling       in Allard v. HMTQ grand-fathered all patients' grow permits       back to the September 30 2013 announcement of the Health       Canada shut-down order but did not grand-father their       possess permits necessary to validate the grow permit so       those who had obeyed Health Canada's Directive to shut down       before April 1 were now no longer valid and Left-Out of his       remedy. Two of the four Allard Plaintiffs were Left-Out as       well as Gold Stars Stephen Burrows and Robert Roy. And there       was no way for those given his remedy to amend their permits       so any move, loss of grower, any needed change at all meant       losing their permits.              The Government appealed the valid ATPs being left alive and       the Allards cross-appealed to expand the scope of the remedy       for the Left Outs.              On Dec 15 2014, the Federal Court of Appeal dismissed the       Crown's Allard appeal but sent the decision to leave Beemish       and Hebert out back to Manson in case he forgot them after       ruling they had a right to a remedy. They could have       expanded the remedy themselves but instead chose to       embarrass Judge Manson and make him correct his omission if       he forgot.              On Dec 30, Justice Manson said he hadn't forgotten, that he       had intended shutting down and moving should deprive       patients of the meds.              John Conroy's proposed to accept the decision and now await       the ruling on the "dried" marijuana before doing anything       else. Notice the ruling doesn't help any Left Outs at all.              What the combat engineer would do is file a $50 Notice of       Appeal and motion for the Court of Appeal to expand the       remedy in the interim since Manson provided no reason.              I could write the whole thing up in a couple of hours. But       it's as simple as saying:              You said we deserved a remedy for our right too.       Couldn't figure out why he said no and sent it back for       fixing.       He said he intended we be Left Out but again provides no       reason.       So we appeal his decision not to reconsider and move the       Court of Appeal 3 days later for the interim expansion to       everyone, including Robert and Stephen and everyone else,       right away.              So the Allards could be asking to be let back in in as few       as 3 days if I were writing the move (I still use Wordstar)       that could get relief for everyone.              So the optimal strategy is to appeal Manson's refusal to       reconsider after being told he forgot someone to the guys       who said he forgot and the optimal tactic is a motion for       interim expansion while they try to figure out why he       refused twice and wouldn't explain.              Isn't sad that I could have all the motion for the Left Outs       to get their grows back by next week and Conroy's going to       waste time waiting for a decision that's irrelevant to the       remedy they have a right to and don't yet have.              When you consider how the Court of Appeal stressed they had       the right but not yet the remedy, sent it back specifically       for the Left Outs to be remedied, and when he says no, how       could Conroy not think of going right back to them next       week?              Anyway, if Beemish and Hebert want to be in front of the       Federal Court of Appeal in 3-days trying to get remedy for       all the Left Outs, they only have to fire Conroy and self-       defend and I'll write their appeal and motion for relief for       my guys with them. Heck, we'd ask to consolidate the       Burrows, Robert, and some others of the 22 appellants who'd       been Left-Outs all together.              So now you know. You're 3 days away from seeing the same       guys who said Manson forgot asking them to do the       remembering. And it only costs $50 with the best legal       counsel money can't buy.              So everyone who's been Left Out and would like to have their       grows back and change their addresses, you know the who said       you had a right but no remedy yet are just a hearing 3 days       away! And you could even ask on short notice because the       patients are suffering, one died.              And isn't it amazing that just as this grand chance to win       it for everyone now opens up, Conroy's going to adjourn       everything. Sure acts like a narc mole shyster like Alan       Young. Here's a chance to win it with a simple move and he's       advocating taking the loss on permits and waiting for the       win on derivatives.              Now we get to find out if Beemish and Hebert are narc moles       too. They have the power to save everyone, I'll even pay the       $50 and any costs, and if they don't, what a story.              Anyway, we're a motion away from saving everyone. If you       don't see it, you're blind. And if you're blind, just trust       the Great Canadian Gambler sees the winning move and just       trust in the TajProfessor. $50 and every can be saved before       the end of next week!              Har har har. What a predicament, to have a way to save       everyone and then not do it. Maybe someone should ask Conroy       why he didn't think of the $50 appeal? Oh right, they can't       pay the lawyer the big money to do it. So he never thought       of it.              Remember, we'd be going back to the same guys who said:        "...although he provides a right (the interlocutory        injunction) to the four (4) respondents - Mr. Allard,        Mr. Davey, Ms. Beemish and Mr. Hebert - he does not, in        contrast, explain why he deprives two (2) respondents -        Ms. Beemish and Mr. Hebert - of a remedy. After careful        reading of the judge's reasons, I am left to speculate        as to his intention. [20] In these circumstances, I        cannot address properly the determination the        respondents are seeking as I am unable to understand        whether the judge intended to exclude Ms. Beemish and Mr        Hebert or simply forgot to deal with their situation...        In other words, the judge's reasons do not allow this        Court to perform its appellate function. [21] After        considering making an assessment of the evidence, I        believe that the wiser course is to return the matter to        the judge with a direction that he specifically        addresses the situation of Ms. Beemish and Mr Hebert...        I would remit the matter back to the judge for        determination solely on the issue of the scope of the        remedy, more particularly with respect to Ms. Beemish        and Mr. Hebert, in accordance with these reasons."              And point out that here's how Manson told them to shove it:               [6] Given that Ms. Beemish did not possess a valid        license to possess on Mar 21 2014 (the license having        expired on Jan 4 2014) and that Mr. Hebert could no        longer renew his designated production license (having        moved residence on Oct 30 2013) neither Ms. Beemish nor              [continued in next message]              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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