Hello every One, and welcome to the Good News Journal, thank King all of You Witches, Wizards and Warlocks for joining Me, it is always an Honour to have You in My House. Today is a Lucky Wednesday because I am going to be tall King about some things I’ve been Wishing to Write for awhile. As the Title suggests, it is the Exploit a Sean of Babble On with developments regarding The Kingdom of Heaven Found a Sean’s first Statement of Claim.
You can find the entire Claim and the Statements of Defense (SoD) provided by each of the Respondents in the drop down menu at the top of any Post. I was tall King about how Lucky I felt last Lucky Wednesday and I got so distracted tall King about the little Miracles in My Microcosm that I ran out of Word budget and have kept it bottled up since! But I’m thank Full for those little Miracles, too because it’s so much better that I share this with You now because there have been new developments. First, let Me catch You up.
On August 29th, 2022, I sent a joint email to all Respondents to confirm receipt of their SoD. This is one of the reasons I was feeling so Lucky last Wednesday because I still hadn’t received a reply. I also figured that if I hadn’t heard anything by Lucky Wednesday, it probably meant I never Will. The last day for any of the Respondents to amend their SoD (if they Wished to do so) was September 3rd, which was last Saturday. It’s presumed that if none are protesting anything in My email to them, they are tacitly agreeing to those terms and conditions. I know I’ve mentioned this a lot and I mention it again because it is True.
The reason I’m happy to have held My thoughts a little while longer, is because I was initially going to send out a follow up email sometime Tuesday (because Monday was a Holy Day in Canada) to let all the Respondents know that I’m eager to move forward with discovery and don’t mind keeping it reasonably informal so long as every One is forthcoming with the requested inform a Sean. And ‘inform a Sean’ it Will be! I said to My Friend the other day that I’ve learned more about My father’s Estate and what My sister’s lawyer (in particular) have been up to since I filed this Statement of Claim, than in the almost three years that have passed since My father’s death. And even better? Most of what I’ve learned is just evidence of more court fraud and gross contempt for the Rules of Civil Procedure! And if it could get any better than that? Because it’s Court fraud, it’s very easy to prove.
But for whatever reason, I decided to hold off Writing every One on Tuesday because I figured it was the first business day after the conclusion of what they call the ‘pleadings’ stage of the proceedings. All three Respondents had mentioned filing a motion to dismiss as frivolous and vexatious, so I figured that would be the next thing some One would do. Truth be told, the only thing I was a little worried about, was that there would be a hearing for such a motion that I would not be invited to participate in – that’s usually how it goes for Me, despite that being a very serious violation of the Principles of Law governing Canada’s Courts which respect and protect the right of full disclosure and transparency in [civil] litigation. It is also a violation of Rule 1.09 of the Rules of Civil Procedure. Keep that in Mind as We move forward… 😉
I was so happy I did not send out another email to the Respondents because I received an email of intent to Motion the Court to dismiss under Rule 21. You Will Notice I waited until the next day to reply only because I wasn’t going to reply at all but decided I really didn’t like October 4th for whatever reason. I also Wished to let them know that I intend to oppose the motion (however obvious it may seem, never presume failure to oppose Will not be considered consent to the motion).
This was also something I was going to be tall King about because the intent to motion the Court is not the required Notice of Motion. Expressing One’s intent to file a motion and as King of the parties which dates they are available before serving the Notice of Motion is absolutely standard protocol. The Notice is the required minimum by the Rules of Civil Procedure, but it is considered Good etiquette to check dates with all parties before even contacting the Court for a date. I’m pointing this out to once again demonstrate how differently this proceeding is going compared with those of the City of Ottawa (where there has been virtually no due process beyond the filing stage). So far, every One is Playing by the Rules!!!
Today I received the actual Notice of Motion. I’ll Keep You all Posted with the confirmed date when it is known to Me. I’m not crazy about the Idea of a virtual Zoom conference, but I’m trying to get excited about it because in Truth I believe it is a whole lot more efficient for all parties concerned and must be economical for the Courts on some level, even if it is marginal.
But the reason this is Good News is because they are Playing by the Rules. This time, the Justice for this Motion Will actually be assigned by the Court, not hand picked by My adversary without any Notice to Me (which is precisely what Hala Tabl and the City of Ottawa have been up to until now). I’ve also gone over the Notice and I’m not sure if the Motion Factum Will contain any new arguments, but I’m as confident as I can be that the Motion Will not succeed. I Will go over all of the reasons for You in another Post, but for now I Will only say that it is not as easy to have a Claim dismissed as frivolous and vexatious as People might be thing King. There are several reasons why this Claim doesn’t qualify under the Rules to begin with, and she is making several arguments that require evidence and no evidence is permitted in a Ruling made under section 21. of the Rules – if the Motion relies on evidence it does not qualify. You can look at some examples of the Rule and when it applies here.
I’ll also point out a couple of things that confused Me about the Notice, but I’ll have to do that another time or this won’t get Published on Lucky Wednesday, which would not be very Lucky at all!
Love and Blessings,
Post Script – Today’s feature photo is My new favourite, though I’m not sure what it is yet!!! (We know it’s a pepper, just not what kind).
Also, My indoor tomato is also becoming a tree!
And finally, the almost fully ripened, Bolivian Rainbow Pepper!