Good evening every One, welcome to the second Fabulous Free Lance Friday Edition this week, thank King all You Ladies and Lords for being here. If You have been following along, You Will know what I have been as King of God for; an Honourable response from the Registrar/Court Master, and some assurance My subsidy Will not be revoked. Both those Gifts were Given this day!
Yes, Ladies and Gentlemen, the Show must go on! The first email of Good News I received this morning.
Fabulous Friday, June 25th, 2021, 10:52 AM
I discussed the availability of information to confirm your SIN and your income and staff will not require a sworn affidavit or statutory declaration. They will rely on your consent and obtain the information from the file and Service Ontario.
I will let you know once this has occurred and whether the renewal is approved.
Ah, yes. Now, if You know Me well, there are things I could criticize here. ‘Your SIN’, for example. Not My SIN, but I’m not going to get into semantics. Genevieve knows My position on these Matters very well and is familiar with My correspondences regarding these Matters with Service Ontario specifically. Genevieve was provided with the Last Letter from the Deputy Registrar General in response to My query of Service Ontario specifically regarding My association with the incorporated person, the commercial character, and the Social Insurance programs Created by the Canadian government from that record. But I did mention that I am presumed to be Standing in Honour until otherwise disproved, and am not required to make statutory declarations or sworn affidavits that I have already Sworn before God. They may require such for their records, but all I’m really required to do is Show what I’ve already Sworn before a Justice for it to be ‘witnessed’ and considered a legal and lawful affidavit. I told Genevieve that I Swear every Word I have Given Housing Services is True, and the new Rules of Civil Procedure allow Me to state that without the requirement for a Notary Public, so long as I am Willing to Swear the same facts to be True in front of a Registrar or Court Justice. I am. Genevieve was satisfied with that and said she would relay that to Housing Services and get back to Me. Above was the long awaited reply and assurance My subsidy has been approved. I Will receive My Letter of Entitlement shortly.
So that’s Truly My biggest relief of the day. It put Me in a much better state of Mind to receive any other Word that might disappoint Me related to defense counsel’s request to the Registrar to have the court ‘Order’ My Statement of Claim be dismissed in accordance with Rule 2.1.01(6), and 2.1.01(1). Because I am not a lawyer and I Wish to share with You how I go about figuring things out, I Wish to share with You My references and interpretations.
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.
I’m responsible for the bold type italics. ‘On its own initiative’ means that this is something the Court Registrar has the discretion to do the moment a proceeding is filed with the Court. What am I getting at here? It is not typically a request One makes to the Justice, Court Master or Registrar privately.
So how does defense get around this? Well, with the second provision and subrule 2.1.01(6).
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.
But here’s the real kicker. I do not Wish to speculate too much, but I presumed that I was taken advantage of by the Court process the last time My case was dismissed as frivolous and vexatious because I was completely blindsided. I had no Idea a request had been made, knew very little about the Rules of Civil Procedure and presumed that if any action were taken by the defendants, I would at least have the chance to defend against the action, submit a Letter of My own (as I did this time). Well, although it may state that any party can appeal to the Court to Order the proceeding dismissed under Rule 2.1.01, they do not have the right to contact the court without letting Me know!
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.
Again, italics and bold type are My doing. The point here is that I am correct and I would easily have had grounds for an appeal to My last case because I did not Give consent to Genevieve to communicate outside of court which it an abuse of the court process. This is why Friends of mine at the time were disappointed I did not pursue the Matter with an appeal. Nothing is to be done in secret.
So, although it seemed as though Genevieve was doing Me a favour, she was actually supposed to have My consent first. Perhaps the Registrar and Court Master felt I would know this already, or presumed that I had Given My consent for her to contact the Case Management Master out of Court. If I did not send a Letter to the Court Master My Self, perhaps the Case Manager Master would have presumed I had consented to defense counsel’s request to dismiss, in which case there would be no reason not to Honour the Order (because they would presume I have agreed to the request).
The really Good News, is that the Ministry of the Attorney General on behalf of the Superior Courts of Ontario replied to Me today with the following email:
Fabulous Friday, June 25th, 2021, 4:10 PM
According to the rules of civil proceedings, the defendants can file a motion. You can reply to this motion by filing your response materials.
Please note that as of today, there is no motion materials filed.
Ashley Moniz Andrade
Superior Court of Justice
Yup, that’s My Fabulous Good News this Friday. What does this mean? Well, it means that defense can still file a Motion to dismiss under Rule 2.1.01., but now they Will have to file a Motion into the Court to do so and provide their evidence to substantiate the request. The Motion must be served upon Me, and an Affidavit of Service must be provided at least three days before the Motion is heard. Both parties Will be Present, and We Will each get to state Our reasons (provide Our response materials). In short, they can still file a Motion but I Will have fair opportunity to defend against the Motion, and the Court has determined that My Statement of Claim is not frivolous and vexatious ‘on its face’. This means that without supporting evidence, the Statement does not appear to be frivolous and vexatious. This is really Good News for Me because if the Court has determined that My Statement of Claim is not frivolous and vexatious ‘at face Value’, it is even more unlikely they Will find My Statement of Claim to be frivolous and vexatious when Given an opportunity to Present My facts. So I’m not sure what defense counsel’s next move Will be.
Because the city’s legal counsel takes her direction and instruction from the city, Housing Services may still Wish to try and have the Claim dismissed as frivolous and vexatious, but if the Motion does not succeed, they have wasted additional time and resources and Will be compelled to respond to each numbered fact of My Claim.
I’ll see if defense counsel reaches out to Me again before they decide how to proceed. I said I would removed the named defendants and I intend to Honour My Word but I may save that as a bargaining chip in the event they file the same Motion to dismiss as frivolous and vexatious. I Will have the letters and agreement to Show the court now, and the Court has already determined that ‘on its face’, this Statement of Claim is not frivolous or vexatious.
How’s THAT for a Fabulous Friday in Deeds? Okay, probably not so much for Housing Services, but I feel I have a little more bargaining power now. We’ll see what defense counsel does next. Can You tell I’m in better Spirits?
Love and Blessings,