Hello every One, and welcome to the Simple Solutions Saturday Edition of the Good News Journal, thank King You for joining Me. I am thing King I have a rather Simple Solution to share with You all this Saturday and of course it is related to today’s Title, ‘Little White Lies…’. The Simple Solution? Don’t tell little white lies because they grow like Pinocchio’s nose (and everything Will start to stink).
The other simple solution this Saturday relates to yesterday’s Post where I was tall King about the most recent reply from defense counsel. A new lawyer of Record (Jeremy Wright) has taken over for previous defense counsel for the city of Ottawa (Genevieve Langlais) who is responsible for the misleading, impartial testimony (which is an Act of fraud under penalty of perjury on a Court of Record). Jeremy denies the allegation, insisting that there is no fraud or perjury on the Court of Record, and that a request letter was sent to the Court (as shown by the first exhibit in My Motion) as provided for by the Rules of Civil Procedure. That happens to be entirely false because no Motion materials were ever filed with that request letter, it is in fact evidence of a private pleading to the Court off the Court of Record and made without My prior consent. That was also the first ‘little white lie’.
Defense counsel may even have felt a little guilty for deceiving Me and violating the Rules of the Court, though it is more likely she feared the request would not succeed and wasn’t sure how long she would wait to hear back from the Court. My belief is that she told Me because she didn’t Wish for Me to note her in default if they failed to respond before the deadline for filing a notice of intent to defend.
At any rate, although she waited two days to do so, she did tell Me and shared her private email to the Court with Me. I told her I intend to respond to that email, and I cc’d her when I did. I felt a little merciful because she confessed to Me, though I didn’t reveal to her that I know what she did is a serious violation of the Rules. I also took special care preparing this Statement of Claim to ensure it would not qualify for dismissal under Rule 2.01.1 because this is what I had anticipated she would do – I was confident her letter would not succeed. But I did Write the Court to let them know that the request was made without My knowledge and is opposed (I didn’t specifically state that the request was made without My prior consent but the Court Will know that by the opposing arguments and that I’m contacting them two days later.). This Will have subtly alerted the Court that not only is defense counsel violating the Rules, but I know she’s violating the Rules (presuming I know what the Rules are).
So the Court responds to Me to let Me know that if defense counsel Wishes to file a Motion to dismiss, she must file Motion materials with the Registrar. I Will receive Notice of the Motion and opportunity to present opposing materials. This was a very nice email for Me to receive because I had just finished telling My readers that defense counsel was violating the Rules and that this is not how the Court process is supposed to operate. Innocently, I figured the Court responded to both of Us because I knew defense counsel was waiting to hear back, too. They didn’t. They only responded to Me, and only to let Me know that Genevieve hadn’t presented any Motion materials to the Court, so it doesn’t count. I was also free to note them in default if they failed to respond before the twenty days provided for by the Rules.
On the day I’m about to note the defendants in default, defense counsel messages Me, as King of Me not to note her in default because she is still waiting to hear back from the Court! The Courts didn’t tell defense counsel that they were not responding to her because it was not filed with the Court because she should know!!! As the self Presented litigant, I might not – the Courts were just being impartial and letting Me know that communication outside of the Court process is strictly forbidden. And I had the Pleasure of sharing this Good News with defense counsel and telling her she must file a Motion with the Court and serve Me Notice so I have opportunity to oppose. She got caught in her little white lie and she lived another day by filing a Notice of Intent to defend allegedly at 10:40:09 AM – despite the fact it was not served to Me until 12:41 PM.
This was her ‘slap on the wrist’ from the Court. The Courts know I’m sharing all of this with You, the ‘Courts’ are not going to endorse this kind of contempt for the Rules. This provided defense counsel with another six days or so (it only provides ten additional days to the original twenty and she was already three days in default when it was filed) to provide a statement of defense. One would be thing King that when One gets caught in a little white lie, One would wise up a little. One would at least be thing King that defense counsel would know that the Courts are onto her!
The Courts themselves cannot be corrupt, it takes Man’s kind to do that. I’ve said Our legal and political system are virtually perfect if We learn how to hold People accountable to their position of Office. So far, the Courts have been backing Me up on this Idea. The last time a case was dismissed like this, the Courts had no opportunity to tell Me because they had no Idea what was going on! And if I don’t appeal or complain about the determination to the Court and tell them what happened, they can’t do anything to fix it, either. I didn’t even complain to the Justice Council last time, I just asserted that the determination was an embarrassment to Canada’s Justice system and placed the Judge on the list of Canadian ‘State Actors’ God is Officially displeased with.
Instead of fessing up to her little white lie and taking a strong hint from the Court, defense counsel makes a third and final private pleading to a Justice to dismiss with the same email letter request, instead of war King on a Statement of Defense as Promised to Me. This time she gets the result she is hoping for, and I am completely blindsided – so were the Courts.
Does the city of Ottawa have judges and justices in their pocket? It’s beginning to look that Way, isn’t it? By asserting there is no fraud and perjury on the Court of Record and that defense counsel sent a letter request “as provided for by the Rules”, Jeremy is effectively committing perjury on a Court of Record himself. I do know for a fact that no Motion to dismiss was ever filed with the Court by defense counsel on June 22nd and potentially not at all. And the Courts already told Us that if it’s not on the Record, it doesn’t count, it didn’t happen – at least, not as part of any Court proceeding.
I feel a little guilty because I am thing King I was a little ‘curt’ with Ashley Moniz Andrade when she emailed Me to tell Me that in Order to file My Motion with the Court, I Will have to serve the Notice of Motion on the defendants, prepare My Motion Record, and file it with the Court with a clean Order. I complained that I feel I am being held to a much higher standard than that of defense counsel considering I don’t believe they’ve filed any Motion materials at all, ever (and yet magically get their request granted). Ironically, I now think of Ashley like an impartial guardian Angel of the Courts. Have I not said that Part of My Duty is to set an example in Court? Should that not include filing My documents properly?
I didn’t immediately identify the other ‘Gift’ Ashley was Presenting Me with by Way of that email. I did study Motion filings extensively which is why I say that nothing like this should ever happen in Court. The opposing party should be the very first to have knowledge that the other is considering a Motion filing with the Court. It is supposed to be discussed by both parties before it even starts to find out if it is a mutual or opposed Motion; if it’s opposed, it also Gives the parties to the Motion an opportunity to resolve the Issues without a hearing because they Will disclose all their opposing arguments. Everything is out in the open, no ‘cloak and dagger’ stuff.
I already researched how to properly file a Motion and told the Court in My Motion why I had not Given notice to defense counsel first – My Wish was to make sure the Motion Will be heard before serving Notice on the defendants. I also indicated specifically that if they Will hear the Motion and require Me to serve notice on the defendants to instruct Me to do so. Ashley was just providing Me with the necessary direction to finish what I already started.
Ashley Moniz Andrade is also not holding Me to any higher standard than defense counsel – she’s letting Me know what the standard is. She’s also diplomatically confirming that what defense counsel did is not a Motion. Defense counsel should also have a Notice of Motion, proof of Service of the Notice of Motion upon Me, a Motion Record, and a clean Order to Present to Justice Sally A. Gomery to accompany the requisition. The Order should also have the Seal of the Court.
Why should We believe the process for filing a Motion under Rule 2.01.1(6) would be any different from any other Motion to the Court? At the very least, the Notice of Motion on the opposing parties Will be the same, even if the summary process under the subrules is different, the opposing party should still receive a Notice of the Motion so the Court knows if it is opposed, supported, or neutral.
I’ve done virtually everything in compliance with the Rules. My Notice of Motion and Motion contain the correct Court forms and I have studied preparing Motion Records long enough that I am ready to prepare a rough draught tomorrow. I have a few emails to add to the table of contents and a couple of amendments to make to the Notice of Motion to update additional materials to support My Motion (official Court Record of all fillings with the Registrar made by defense counsel). I’m also waiting to see what evidence of Motion filings defense Will be able to provide for Me, I Will be as King of them for copies of all their Motion filings with the Court.
The Simple Solution this Saturday is don’t tell little white lies. This one seemingly small, insignificant detail has snowballed out of control for defense counsel because they Will not be able to produce any record of filings. I know nothing was filed by defense counsel prior to the Statement of Intent to defend, and My belief is that no Motion materials were filed by defense counsel at all. Now, not only has defense violated the Rules, she’s commit fraud under penalty of perjury on a Court of Record, and by asserting that she hasn’t Jeremy Wright has now made false testimony under penalty of perjury on a Court of Record.
Finally… As I mentioned yesterday. If there are no Motion materials filed with the Court, there is no legally binding Order to Vacate, it’s all fraud if it is off the Court of Record and all parties involved are guilty of breach of public Trust. IF the city has court judges and justices ‘in their pocket’, this is how it would get done – off the record and without the Court’s knowledge. The Courts may soon have knowledge of a justice acting outside of her official capacity for the city of Ottawa. I may be exposing a ‘mole’ here.
See, if no Motion materials are filed with the Court, then the Judge has not been ‘assigned’ to make a determination by the Court, and so the Judge Will not be getting paid to make the determination (that’s why it costs money to file). But I bet You someone is paying that judge to make the Order because it isn’t the Courts…
Love and Blessings,