Hello every One, and welcome to the Simple Solutions Saturday Edition. Today that would have been too much to include in the Title because it really is a Sensei-Sean all Saturday Edition, and I am thank King You kindly for being here. I Will soon Write the Most Magical Letter of My Life, and wouldn’t You believe I Will have Ten Pages to do so.
Yes, Sensei-Sean all Saturday. Would You believe I got the Idea for that many years ago when I was teaching in Japan? Yes, these adorable students of mine, Ayaka, Misaki, and Yuri, would always run to the door with excitement to greet Me, and they would always call Me ‘Sensei-Sean’, and it always sounded like they were saying I was a Sensation. They most certainly made Me feel that Way. I could tell You another Story about how perhaps the most sentimental Gift Given to Me by their family, a silver letter opener with a genuine pearl pendant on the end of it. I could tell You a Story about how that very Special Gift was stolen from My by staff at the Mission, who claimed it was a weapon, but I Will save that Story for another day.
Today is about how Simple the Solutions really are. All We really need are for things to be war King the Way God intended. I have said it would be preferable for Me if I could be Given the chance to celebrate Canada’s legal and governmental system. I Truly believe We have fabulous Laws in the world if the People We’ve Trusted to Keep them Will Hold their position of Office with Honour.
I Imagine the world Will be getting used to My unusual use of capital Letters, the irony is that those in the legal profession Will understand it well. They know what I’m doing because they do it, too. I was born to Write, Paint, and teach. It’s even weird for Me to type that because I don’t really believe in the Idea of ‘teachers’ to begin with if One were to Truly understand My psychology. You are the only teacher. At the end of the day, You decide what to accept and what to dismiss as fiction. I’m just sharing Ideas, but I think they’re Good ones.
So today I’m sharing some information. I’m a bit of geek, I suppose. My intuition tells Me that the city still intends to request that My Statement of Claim be dismissed as frivolous and vexatious under subrule 2.01.1(2). Attempts under subrule 2.01.1(6) for subrule 2.01.1(1) to be applied to My Statement of Claim, failed. And this is where it all sounds complicated for People, right? So I’m just going to Show You what a ‘geek’ does – what I do.
I ‘Google God’ these subrules and the first link takes Me to the most recent Rules of Civil Procedure. I shared these yesterday but I’m going over this lesson to Show You how My Mind works. My Wish was to know exactly what defense was as King of the Court to do, and what rule allowed for it. My sponsoring query, what I was ‘as King’ to know, was why and how is the city of Ottawa able to communicate with the Court without My knowing. How can these correspondences be taking place Secretly. It seemed like an abuse of the Court process. Well, this is what I found.
Request for Order
(6) Any party to the proceeding may file with the registrar a written request for an order under subrule (1). O. Reg. 43/14, s. 1.
So of course the next logical thing to do is find out what subrule (1) is.
Order to Stay, Dismiss Proceeding
2.1.01 (1) The court may, on its own initiative, stay or dismiss a proceeding if the proceeding appears on its face to be frivolous or vexatious or otherwise an abuse of the process of the court. O. Reg. 43/14, s. 1.
The reason I’m pointing this out is to emphasize what is in bold type; the Court has the Power to dismiss as frivolous or vexatious or otherwise an abuse of the process of the court on its own initiative. That means the Court has the Power to do this without any request being made. The Court is not exercising this Power.
Summary Procedure
(2) The court may make a determination under subrule (1) in a summary manner, subject to the procedures set out in this rule. O. Reg. 43/14, s. 1.
What is the point? The first part, rule 2.01.1(6), which allows for a party to make a request by filing with the registrar. That would be a motion to the Court. It is not done in Secret. It does not say defense can communicate with the court directly. That is a violation of the Rules of Civil Procedure. I shared this yesterday, too but I Wish to point it out because One can become easily distracted by all the jargon.
COMMUNICATIONS OUT OF COURT
1.09 When a proceeding is pending before the court, no party to the proceeding and no party’s lawyer shall communicate about the proceeding with a judge or case management master out of court, directly or indirectly, unless,
(a) all the parties consent, in advance, to the out-of-court communication; or
(b) the court directs otherwise. O. Reg. 132/04, s. 2; O. Reg. 438/08, s. 66; O. Reg. 711/20, s. 2.
It may be considered that I tacitly Gave My consent when Genevieve told Me she had contacted the Court two days after she had already done it by not pointing that she had violated the Rules of Civil Procedure. I most certainly did not Give My consent for her to do this beforehand! This was an abuse of the Court process. I didn’t violate the rules because I told Genevieve that I would Write a Letter of My own, so it was not done without her knowledge. The main point I’m stressing here, is that Rule (6) does not Give defense the right to violate the rules of communication with the court. If the Rule gave such powers, it would be clearly stated in the rule. The rule says defense must file a Motion with the Court and follow the Rules as they apply to an application for summary judgement.
Summary Procedure
(2) The court may make a determination under subrule (1) in a summary manner, subject to the procedures set out in this rule. O. Reg. 43/14, s. 1.
That’s the Rule defense counsel is subject to. This means that a party can request (as was already done by contacting the court directly) for the Court to apply this rule in accordance with the Rules of Civil Procedure.
What I’m really getting at, is that none of those correspondences with the Court should have happened at all. Defense should not have been Writing the court directly, and typically, I would be not be Writing them either. The request is to be filed with the Registrar like any other court Motion, and I very much have a chance to defend the Motion. Here’s what Will likely happen next:
(3) Unless the court orders otherwise, an order under subrule (1) shall be made on the basis of written submissions, if any, in accordance with the following procedures:
1. The court shall direct the registrar to give notice (Form 2.1A) to the plaintiff or applicant, as the case may be, that the court is considering making the order.
2. The plaintiff or applicant may, within 15 days after receiving the notice, file with the court a written submission, no more than 10 pages in length, responding to the notice.
3. If the plaintiff or applicant does not file a written submission that complies with paragraph 2, the court may make the order without any further notice to the plaintiff or applicant or to any other party.
4. If the plaintiff or applicant files a written submission that complies with paragraph 2, the court may direct the registrar to give a copy of the submission to any other party.
5. A party who receives a copy of the plaintiff’s or applicant’s submission may, within 10 days after receiving the copy, file with the court a written submission, no more than 10 pages in length, responding to the plaintiff’s or applicant’s submission, and shall give a copy of the responding submission to the plaintiff or applicant and, on the request of any other party, to that party. O. Reg. 43/14, s. 1.
That’s the real Gem today. The biggest takeaway from this is to let You know that there should be no Action taking place that is not known to all parties, and to which all parties have fair opportunity to respond. It’s just basic fair practice. Anything else is an abuse of Court power, and the Courts are to remain ‘neutral’.
The Good News today is that Canada’s Courts have remained neutral and are requiring all parties to comply with the Rules of Civil Procedure. Consider that I Will have the opportunity to Write ten pages explaining why it would be tragic for Canadian Justice to determine that trespasses upon the inherent rights of Canada’s People are frivolous and vexatious complaints when they are specifically provided with the Powers of inherent jurisdiction to provide relief and remedy for precisely those trespasses.
Consider as well that defense counsel has been as King of Me to remove the named defendants from the Statement of Claim and I have offered to do that. But how does Housing Services think I am going to feel if they try to suggest that complaining about what they have done to Me is frivolous and vexatious? If what was done to Me was so ‘frivolous’, and they believe I’m just being ‘Vexatious’ for as King of them to Honour their legal obligations to Me, how do they feel that might impact the ten page letter I Will Write and whether or not I should consider removing their names from the claim? The case was determined to not be frivolous and vexatious ‘on its face’, and if defense Wishes to make that case, I Will suggest they are adding insult to injury.
I did not promise Genevieve I would remove the named defendants if they choose to file a motion to dismiss as frivolous and Vexatious into the court, and I made that reasonably clear, though I Will let the Court know I offered to do so if the city of Ottawa provides a Statement of Defense in stead of this Motion to dismiss. I may even allow the Justice to determine whether or not the named parties should be removed from the claim, or whether they should be held personally liable for their crimes against Me. That Way My ego has nothing to do with it.
“The Spiritual Man judges all things but is judged by no Man.”
Either Way, I guarantee You the best Letter I Will ever Write Will soon be Writ.
The simple solution, is to apologize for what was done and allow the city to respond in Your stead. If You cannot Write Me a letter of apology, then You really aren’t sorry for what You’ve done, are You? You think this is frivolous and Vexatious? How do You thing that makes Me feel?
Just something for the named defendants to be thing King about… The world is watching. 😉
Love and Blessings,
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