Volume CLXXXVIII: The Magical Motive A Sean Edition; Word on the Motion – By Defense Counsel?

Hello every One, and welcome to the Magical Monday Motive A Sean Edition, thank King You for joining Me. As today’s Title suggests, I did receive Word on Our Magical Motion today, though it was not a decision from the Court, but a Quest-Ion from defense counsel to the Court. Yup, this thing is becoming stranger than fiction.

I was initially excited to see the case file number in the subject line of an email before I noticed that it was sent by defense counsel – then I was confused and curious. For a moment I thought they were up to more shady business and passing along another determination the Court knew nothing about. Thankfully, that’s not the case.

Here is defense counsel Jeremy Wright’s email to the Court. The attached letter in the email is an email extension not recognized by WordPress, so I’m just going to cut and paste the information:

Wed, Sep 29, 1:05 PM

to Wright, Jeremy

So he never filed it……
Next steps???

I’m using blue to distinguish between the content of the attached letter because it included Tasha’s (legal clerk for the city of Ottawa) above email to Jeremy, as well as the Registrar’s email to Tasha (below).

September 29, 2021 1:03 PM

This is a message from the Superior Court of Justice regarding your case: DEHN v. THE CITY OF OTTAWA et al, file number CV-21-00086803-0000.

The following document(s) submitted through Civil Submissions Online on September 23, 2021 at 04:22pm, Confirmation # 500376, were NOT filed and/or issued with the Registrar:

  • Responding Motion Record
  • Factum
  • Form 16B: Affidavit of Service

Your request for filing and/or issuance has been denied due to the following reason(s):

  • Other Reason(s): There is no future event date within tyhis file. Whar date are you responding to?. Please advice and resubmit.
  • Comments: Thank you.

If you used a credit/debit card to pay a court filing fee, your credit/debit card has not been charged and any pending charge you see on your account statement will reverse itself within 7 business days. If you used Interac Online to pay a court filing fee, your money will be refunded within 30 days.

You may submit revised documents along with the associated filing fee through Civil Submissions Online.

If you have any questions, contact the court at:

Ottawa

161 Elgin St 2nd fl, Ottawa, ON, K2P2K1

Okay, so that’s the full content of the email from the Court to Tasha, and Tasha’s email to Jeremy. Do You notice anything strange about it? If You’re thing King the date seems… Well, dated, that would be the point I was hoping You might Notice. If Jeremy received this email almost a month ago, why is he only emailing the Court now?

It is frustrating to have Court documents returned when One believes they have filed them, so it was kind of nice for Me to see defense counsel get a taste of their own medicine after My Motion materials were refused acceptance at the Registrar’s desk by Steven Pardou. Trust Me, I know how confusing all of this must seem because I’m the One trying to decode everything and explain to You what I believe is going on. So here’s the skinny….

When the Court instructed Me to serve the Notice of Motion upon the defendants to find out if the Motion would be opposed (and to file the Notice with My Motion materials and a clean draft Order if not), I did exactly what I was instructed by the Court to do. I served the Notice of Motion upon the defendants, and shared My ex-parte email letter to the Court (Motion) to let defense counsel know what points they Will be opposing. Initially, defense counsel told Me almost immediately that they intended to oppose the Motion, but they did not provide Me with any indication of what their opposition materials would include.

Once again, this is important because regardless how defense counsel typically responds, the Honourable thing to do is let One’s adversary know exactly what arguments One intends to make – whether it be in response to a Motion, a Claim, application, whatever. The reason for this, is to save the litigants and the Court unnecessary time and resources if at all possible. It’s not like I served the Notice of Motion upon the defendants and withheld My ex-parte email to the Court, defense counsel knew exactly what arguments I had made to the Court. They were Given full disclosure of the information I had to support My position that was already known to the Court. I was as King of Jeremy to provide Me with the same because I was very curious to know how he intended to dispute privately petitioning the Court in violation of the Rules, and Presenting partial, misleading testimony to Sally A. Gomery in favour of their position. Jeremy continually refused to respond when I was as King of him these Quest-Ions, even though I indicated to him that if he provides Me with information I am unaware of that clearly disputes those points, I Will not proceed with My Motion. He finally responded with something like, ‘there was no fraud or perjury here, everything was done according to the Rules’, and said that his official response would be ‘forthcoming’.

I figured that meant he would elaborate and explain how or why he believed that what defense counsel had done was not a violation of the Rules, or how failing to tell Sally that the Court had already responded to the email request was not an example of misleading and impartial testimony. Without knowing what evidence he has to support his position, I can’t know how strong the arguments Presented in My Motion materials are, which is why it is considered Honourable to immediately provide Me with full disclosure of their opposition materials so I can make an informed decision moving forward. If they did have information that was positively damning to My position, then I have the opportunity to withdraw My Motion, saving both of Us unnecessary time and resources (because he wouldn’t have to file materials with the Court, I would know My Motion was a lost cause). That’s also one of the reasons that a party can request costs for filing if it’s obvious that the Action had no chance of success.

Instead, Jeremy didn’t provide Me with full disclosure of the information they intended to Present to the Court before filing their materials, they filed their materials first, then served Me with a copy. That’s why I was so stressed out because I was furious that he had filed materials without providing Me with full disclosure first, and I was concerned that if I didn’t get My Reply Factum filed in time that the Court might rule against Me without Me having an opportunity to point out how many points and authorities defense counsel had failed to address – and frankly, I believe that was the intent.

Thankfully, because I’m the moving party, there is nothing for defense counsel to respond to until I have filed My materials with the Court, which is why the materials were returned to them. I’m also very thankful that I included My email correspondence regarding this Motion as one of My exhibits because I was very clear with Jeremy about all of this. I explicitly told him that I Wish to see his defense before I determine whether or not I Will proceed with My Motion.

The Good News is, I have followed the directions provided to Me by the Courts to the Letter, and My Motion materials were filed on October 5th – that’s why there was no Motion to respond to at the time defense counsel filed their materials, and why they were returned to them. Now there is a Motion before the Court, complete with Notice of Motion, Motion Factum, Reply Factum and clean draft Order. The only thing that’s going to be a little confusing for the Court regarding My materials, is why I have included a Reply Factum when there is no Factum from defense counsel to reply to on the Court of Record.

I anticipate defense counsel Will be instructed to refile their materials, but I Will keep You Posted.

Love and Blessings,

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