Hello every One, and welcome to the Magical Monday Motive a Sean Edition, thank King or Queen You for joining Me, it is a pleasure to have You in My House. Yes, We invite People into Our Minds with Our Words, Our Head of State – or is it a State of Mind? Today’s Title is simply Called ‘Positive Motive A Sean’ because I am feeling very positive moving for-Ward (Ward=protect-Sean) and I’m always happy to share encouraging and inspirational Ideas… Or in My case, Inspire A Sean. Especially when it pertains to Justice.
Now of course, I can never be one hundred percent positive that the Magic of My Motion to the Court Will result in a ruling in My favour, but My intuition on this one is very strong. I feel I have very Good reason to be confident My Motion to Vacate Will succeed. This is the Good News Journal, so let Me share some of those Inspire-a-Sean-al thoughts with You.
The primary reason I’m so confident is because I genuinely believe in Justice; I also genuinely believe that most People have Good intentions. There is an expression that goes something like, ‘the road to hell is paved with Good intentions’, and I understand the proverb. In fact, the proverb is relevant to today’s Post because I Writ about corruption in Canada’s Courts just recently. There may be corruption within the Courts just the same as there is corruption within police departments. It doesn’t mean the Courts themselves are corrupt, or all police officers. I believe most People get into these professions because they have a passion for Justice and the Rule of Law. The intention of the Courts are Good, and the Idea they represent is Justice. I believe the reputation of the Courts and the Idea of Justice the Courts represent is the road of Good intentions. The Way We choose to walk determines where the road Will lead. If the road to hell is paved with Good intentions, then the road leading out of hell must be paved with Good intentions, too!
Another reason I feel so confident is because I genuinely believe the Courts were looking out for Me. The Courts recognized what was going on even though I did not complain about defense counsel emailing the Court without My prior consent. I very strongly protested the actions of defense counsel here and told all of My readers that this is not the Way things are supposed to go. Imagine if everyone could just email the Court whenever they Wish instead of filing Motion materials with the Registrar. The Courts replied to Me shortly after I Writ that Post to let Me know that the email letter to the Court does not count as a Motion filing, and defense counsel can file a motion with the registrar if they Wish, but no Motion materials had been filed as of June 25.
I was so happy the hear that the Courts were not putting up with this kind of behaviour, I Writ about it here on My Blog to celebrate and tell You how the Courts were Honouring their Duty to maintain fairness. I presumed defense counsel received the same email, so I didn’t say anything to her about it. They didn’t. So on the day I was about to note her in default, I had to tell defense counsel that the Court had already responded to her email and that she needs to file a Motion with the Court.
Now, I could potentially be wrong about this, I suppose – but is it really reasonable for Me to be thing King that the Courts forgot to respond to defense counsel? Should I believe that was a mistake? We don’t believe in coincidences here. The Court didn’t email defense counsel to tell her it is not an official filing because she’s a registered lawyer, she should know this is unacceptable Court conduct. It is contempt for the Rules of the Court and the Court process. And the email from the Court was a Gift to Me – an insurance policy. If she was foolish enough to believe that her private email letter to the Court in violation of Rule 1.09 was being entertained by the Court, she deserved to be Noted in Default. The Courts knew she would eventually have to contact Me as King for more time because she’s still waiting for a reply from the Court. It was the Wish of the Court that I should have the Pleasure of telling defense counsel that’s not how the Court process works, and that the Courts had responded to tell Me that the very next day.
Defense counsel also ‘Magically’ overturns a Notice of Default by filing a Notice of Intent to Defend (there’s an appropriate use for Our previous proverb, ‘the road to hell is paved with Good intentions’) and I don’t even know it about for another two days, and only because I went back to request more information about filing Motions during ‘covid’.
On the final day, and in the final hour before defense counsel is to be Noted in Default for a second time, Steven Pardou confirms for Me that nothing has been filed with the Court by defense counsel since the Notice of Intent to Defend, and I’m able to Note them in Default. Then he refuses to accept My Affidavit of service – an Affidavit of Service previously endorsed and Sworn before both himself and another Registrar. So I am as King for a supervisor who is reviewing everything when the determination from the justice came in.
I have to Trust My intuition on this one because the supervisor at the Registrar’s desk already seemed very [genuinely] concerned with what was going on. There should be no communication between the Courts and defense counsel whatsoever if there are no Motion materials (request) filed with the Court. There were no Motion materials filed by defense counsel at all.
The email reply to Me from the Court was an important one because they were communicating a very strong message. I don’t believe the Court Will dispute its own fact. I don’t believe that any judge Will rule against something that has already been determined by the Court, even if it is not an official judgment. It was direction on how to have a request heard by the Court in accordance with the Rules. Failure to follow directions Given by the Court is considered contempt of Court, as is general disregard for the Rules of the Court. It is not considered any less a direction of the Court if I am the One to communicate the directions of the Court to defense counsel. That was her ‘slap on the wrist’ for petitioning the Court privately outside the Rules of Court.
Defense counsel are now opposing My Motion to Vacate, a new lawyer of Record, Jeremy Wright has taken ‘carriage’ (as they call it) of the Matter in stead of Genevieve Langlais. I’m confident because private communication with the Court is a serious violation of the Rules. At least, I’m very confident it is. Telling only half the story to a Court justice in private communications outside of the Court process is even worse. If the Court had directed the justice to make this determination, the justice would have all the information, including the email reply I received from the Court, and defense counsel’s second private pleading to the Court on the day she was to be Noted in Default. Now, it is only one request, but defense counsel following up shows that she wasn’t getting the message and placing her clients at risk of default judgement for presuming her private pleading would be both heard and granted. It shows arrogance and utter contempt for both the Rules, and her obligations to her clients.
Most recently (last Friday), Jeremy finally responded to the impartial and misleading testimony presented to the justice by defense counsel with a firm denial of the allegation, stating that the determination is in response to the letter request, and as provided for by the Rules. He asserts that defense counsel did nothing outside of what is provided for by Rule 2.01.1(6).
That is absolutely a false statement on the Court of Record under penalty of perjury because the entire Court process for a Motion to dismiss under Rule 2.01.1(6) begins with filing a request (Motion) with the Registrar. Every Court process begins with some kind of filing with the Registrar. I assert that if no official Motion is filed by defense counsel with the Registrar, there is no official Court process taking place. A Motion filing requires a fee, and the fee is to pay for a Judge’s time and consideration. The judge is ‘off the Record’ if there is no filing – it doesn’t count because it doesn’t have the authority of the Court behind it. Consider this – if the Registrar does not receive a request, how can a Court assign a judge to hear the Matter? Remember, a Court doesn’t have a Will. This determination did not come from the Court, officially. Perhaps most importantly, if no Motion materials are filed, how is the Judge getting paid?
The Courts may well be just as interested in knowing the answers to these Quest-Ions as I am. At this point, My closing arguments just got a lot easier because I can prove that no Motion materials were filed and that everything defense counsel has done was in violation of the Rules (even the Notice of Intent to defend if what Steven Pardou tells Me is True because it was filed with the Court a Good hour and forty minutes before it was served upon Me by email).
The other reason I’m confident is because I don’t actually have to prove anything, the Courts know all of this already because they know what the Court of Record has to say. And really, if this was all done off the record without any official court filings, it looks very bad to the Justice Council of Canada for justice Sally A. Gomery because it truly does make her liable for breach of public Trust (and probably other stuff in the civil jurisdiction).
Finally, the number One reason I’m thing King so positive today is because it doesn’t serve Me to be thing King otherwise. It’s much easier for Me to be thing King positive by believing that Courts Will always Wish to represent moral Goodness, fairness, and most of all, justice.
I know what the assertions of defense counsel Will be, and I know what the Court of Record Will say. Most of all, I believe it is clear that I have not had a fair and impartial hearing, and that defense counsel have demonstrated gross contempt for the Rules of the Court. And something short and sweet like that Will be My closing arguments.
Love and Blessings,