Hello every One, and welcome to the Terrific Two’s Day Edition and a Two’s-day that is True to its name. Thank King or Queen You for joining Me, Your Presence is always a Present for My House, I am Honoured to have You.
Today is an especially Terrific Two’s Day for Me because most Will know that The Kingdom of Heaven Found a Sean has served and filed a Statement of Claim against intervenors of My Trust in God – specifically My sister, Tanja Johnson, her lawyer, Hala Tabl, and My brother, ‘Mike’.
I had lots of News to update every One with this past Sunday (or ‘Son’-day), though I decided to Keep My thoughts to My Self for the time being. I believe I know My sister and her [previous] lawyer’s strategy, though I am reluctant to say too much right now because I know the Respondents to My Claim Will be reading My Blog (if they have any sense at all), and do not Wish to Show My Hand. However, there are a few things I can say that Will not compromise My position.
So far, two of the Respondents have responded. I’m placing the Word in italics because the Words ‘Claimant’ and ‘Respondent’ were Words that Hala Tabl and her lawyer (yeah, pretty funny when a lawyer needs a lawyer because she is too incompetent to formulate her own argument or file her own documents – but I digress…) dispute as ‘incorrect’. Apparently, they like ‘plaintiff’ and ‘defendant’ better. Before I get into that, it was My sister and Hala that responded first with a ‘Notice of Intent to Defend‘, providing each with an additional ten days to serve Me with a ‘Statement of Defense‘. (Here I am using italics to identify the proper names of the documents required by the Rules of Civil Procedure to avoid being noted in default.) Only a few days later, I was [very] surprised to be served with a Statement of Defense by Hala.
There is very Good reason for Me to be excited about this, so I figured it is worth tall King about, even though I cannot say as much as I would like just yet. First, it is important for People who are not familiar with the process to know that a Statement of Defense is war King on principals exactly opposite to that of the Statement of Claim. How so? Well, it may seem as though One should immediately respond to the Statement of Defense to dispute any false statements made against the Claimant. However, when I say the process is war King on principals that are the polar opposite of the Statement of Claim, what I mean is that if I do not reply, it is automatically presumed that everything they say is false (or otherwise irrelevant) – which is precisely the case here. I am presumed to disagree with every point unless I reply. So what is the relevance?
Well, Keep in Mind that I don’t really have any Idea what their Plan is, I can only speculate. However, I am thing King it is reasonably safe to say that I typically dispute any false points made in correspondences to Me almost immediately. In fact, I have often been tall King about how important it is to do this or the other party Will presume that I am in agreement with their assertions, and it is presumed legally and lawfully to be a ‘tacit’ agreement. But that’s what I call the Common Law jurisdiction – it applies to all correspondences prior to filing a Statement of Claim (or any other Action or Application). Again, the Courts are only for dis-Honourable People who did not respond appropriately in the Common Law jurisdiction, and now have to be brought before a Court to compel the party to respond appropriately. So the Courts presume the Claimant is Acting in Honour and bringing dis-Honourable parties before the Court to compel performance, until proved otherwise.
My belief, is that Hala and her [new] lawyer were expecting Me to react to their ridiculous Statement of Defense, and (more importantly) to file a Reply with the Court. The reason I am thing King this was their strategy, is because the Statement of Defense is so self defeating for them otherwise. Not only does Hala not dispute the legitimacy of any of the facts of My Claim (aside from opening with a blanket statement ‘opposing all’, which is very typical in a Statement of Defense in order for the other party to cover off on all points made in the Claim), she Gives Me countless new examples of her liability to Me! Most of the information regarding her involvement in the Certificate of Appointment of Estate Trustee (CAET) is news to Me!!! My guess, is that they believed I would be so furious to learn about how many other details Hala has lied to Me about, that I would respond in haste, dispute a couple of the facts, and forget to provide a blanket disclaimer stating that I oppose all other points in their Statement of Defense in addition to the particular point I am addressing. Because if I do provide a Reply, then the Court presumes that every point in the Statement of Defense is True except the points I directly address. See how that could be war King against Me?
That’s also why they stated in their Statement of Defense that they ‘reserve the right’ to file an amended Statement of Defense (SoD). I can’t help but laugh out loud whenever I read that because it would not be included if they believed their SoD was Good the Way that it is. And if it’s not Good, and they already know they Wish to amend the pleading, then why serve it on Me so soon? Why not take the extra ten days they provided for themselves by filing a Statement of Intent to Defend, and get it right the first time? Because they were hoping for a React-Sean! And they aren’t getting one!!! 😀
I anticipate that because I’m not reacting the Way they thought I Will, I Will receive an amended SoD at some point. And just so People know, claiming that Hala is not liable to Me when Acting as legal counsel for My sister in the CAET, is absolutely incorrect and unreasonable. The duty of the lawyer to the client in an application for CAET, is to advise their client of their Fiduciary obligations. That is in fact the specific reason My sister gave Me for Wishing to hire a lawyer. She admit she has no idea what the Fiduciary obligations are of a Trustee to the Beneficiaries and the Estate, and that’s why she was hiring Hala Tabl – to advise My sister on her legal and lawful Fiduciary obligations to the Beneficiaries and the Estate. Also, Corpus Juris Secundum, Volume II clearly states that,
“The attorney’s Duty is first to the Court and the Public [Trust], then to their client. Should the duties of the attorney to the Court and/or the Public be in conflict with their Duties and obligations to the client, the former shall (Will/must) take precedence over the latter.”Corpus Juris Secundum (paraphrasing from memory)
Basically, the lawyer’s first duty (to the public/Me) is always to Honour the Rules of the Court and the Rule of Law before the [self serving] interests of their client. Lawyers are not supposed to lie, conceal information, and otherwise pervert the Rule of Law to appease their client at any cost. They most certainly are not empowered to take advantage of People under the colour of Law.
Also, Presenting Me with all kinds of new facts that are different from the facts previously Presented to Me by Hala actually strengthens My Claim! They have volunteered additional information I knew nothing about. And what did I tell You about Canada’s civil system of Law? Absolutely no ‘ambush’ tactics. Consider that Hala was insisting she filed the CAET on the 24th of March, 2022, and consider what her SoD claims…
Her SoD claims that March 24th, 2022, was the day that some unknown justice, dis-Honourable ‘Castillo’ struck out My objection to an Application made on the same day!!! She and My sister insist they filed an application on March 24th, 2022, that Honourable Justice Susan J. Woodley endorsed that same application in June of 2020 (she does time travel, don’t You know?), the application was filed with the Court, served upon Me the same day, at which time I immediately filed a Notice of Objection with the Court, served it upon Hala for My sister, at which time Hala immediately filed for a Motion to strike out My objection to the application, served Me Notice of her Motion to strike My objection, and Miraculously managed to have her motion heard the very same day the Application was made by super justice Castillo, had My Notice of Objection to the Application struck out without any Notice to Me, and provided instruction for My sister to ‘dispense with a bond’? WOW!!! That is one super busy day at the Courthouse, isn’t it? I bet People are Wishing Court Actions would move that fast for every One, no? If all of this can be done in a single day, what’s with all the delay?
Oops, sorry – it’s not quite THAT crazy a story. She says the Notice of Objection was struck out May 6th, 2022. It’s so convoluted that I mixed up some of the information because ALL of this is news to Me. But she still claims that she filed the application on March 24th, 2022, that an endorsement from 2020 is binding upon it, and that I miraculously had time to file My objection to her application with the Court the same day she served Me with Notice of the Application! Then she was able to file a Motion with the Court to vacate My objection without any Notice to Me (violation of Rule 1.09), get an audience with justice Castillo without My knowledge or consent, and have My objection allegedly vacated (‘among other things’) without any Notice to Me? It is absolutely ridiculous!!! Nothing like this should ever happen in a Canadian Court (or any legitimate Court of Law). Anyway, I Wished to add that without removing My previous blurb because I had only read the SoD once!!! I (thankfully) decided to review to make sure I got everything right and noticed My (rather large) error. But I stand on everything else I have said, this is a losing SoD…
Oh, another important detail the rest of You may not know. The reason this is so ridiculous and absurd, is because I never filed a Notice of Objection with the Court, so there was no Objection on the Court of Record to vacate! Also, vacating an objection requires a motion and Notice to Me. It’s all just more lies. In fact, I did a Superior Court search of justices serving on the bench and there is no ‘justice Castillo’, so My guess is that they are lying about that, too! Otherwise, if the justice were real, they would have prefixed Castillo with ‘the Honourable Castillo’ because it would be improper to not Style the name of a Justice appropriately in a Court document.
Now do People see why it is an absolutely pathetic SoD? And now, this is Hala’s assertion of the ‘facts’, which are in direct conflict with the ‘facts’ she provided to the Law Society when under investigation, and to Me. Should be very interesting to hear Hala explain to a Court why the Rules of Civil Procedure do not apply to her, don’t You think?
But that’s not the best part of My day. The best part of My day, is knowing that tomorrow is ‘Lucky’ Wednesday and We still have one Respondent yet to respond – My brother. If My brother does not respond tomorrow before 5:00 P.M., he Will be in default. If My brother goes into default, he is deemed to have asserted that every statement of My Claim is True and factual. He also loses his right to participate in the proceedings, unless I consent to allow him to file a Statement of Defense late, or if he is granted leave from the Court (leave from the Court to set aside the default is guaranteed if I consent, he is at the mercy of the Court if I do not, though case law suggests that in most cases, the Court Will allow a defaulted party to enter a late defense if the grounds are reasonable, as it is deemed to be in the best interest of fairness/justice to hear all parties to a Matter whenever possible).
Alright, before I Sign off I do Wish to touch on one other small point of contention from Hala’s SoD that I am thing King Will interest the Common Man (of either sex/kind).
“The meaning of the Word is the Spirit of the Law”Maxim in Law
So let’s take a look at the Word, ‘Claimant’.
- a person making a claim, especially in a lawsuit or for a government-sponsored benefit.”one in four eligible claimants failed to register for a rebate”
Hmmm. Seems as though the Word I’m using is correct because I am the One bringing a Claim. Unless of course My sister’s lawyer is going to suggest that English Words and definitions are not acceptable to the Court in an English speaking nation? Not sure how well that argument Will go over because legalese is not English and there is no requirement for Me to speak a language belonging to a society of People of which I am not a party to (the law society). I don’t Wish to go too far down any rabbit holes today, so take some time to look up the definition of the Word ‘society’ sometime to determine the relevance (if You Wish, don’t let Me order You around, though!).
And what about ‘Respondent’?
See definitions in:
- 1.LAWa defendant in a lawsuit, especially one in an appeals or divorce case.
Why especially in an appeals or divorce case? Because the Court of appeals is generally for when the legal fiction trespasses upon Lawful conduct. The difference is that plaintiff and defendant are civil law, commercial. Claimant and respondent are Common Law, non commercial, dealing with Matters of equity. Again, this is why there is a special box to check for ‘Trusts and Fiduciary Obligations’ on the Information for Court use form. The Civil Courts are war King congruent with the Courts of equity, and equity trumps civil Law because the civil system is founded upon principles established in equity.
So I guess We Will see just how Lucky Lucky Wednesday Will be!!!
And after a long hiatus, I finally got back to Our Matrix Tell a Vision Interpret-a-Sean today, so please check it out (film interpretations are still some of My most read Blog Posts, so I presume People like them).
Love and Blessings,
Post Script – Today’s feature photo may seem unrelated, but this is what I am tall King about when I say there are no coincidences. Everything I planted, every stunted pepper plant, burst into explosive growth shortly after I drafted My Claim, and fruit began to ripen on the vines after the Claim was filed. The Microcosm reflects the Macrocosm in all things, this is a reflect-Sean of My thoughts and Intent-Sean’s coming to Fruit-Sean. Enjoy the slideshow of My indoor pepper plants for the Prince of Peppers Product-Sean Company shaping up for their first harvest.