We’re not sure if Derrick Bert is incompetent or complicit with the fraud, though ignorance is no excuse for (violating) the Rule of Law, the Rules of Civil Procedure, and the inherent rights of Claimants before the Superior Court to a Court of competent, inherent, congruent, and concurrent Jurisdiction….
This section permits a person whose rights have been infringed to apply to a “court of competent jurisdiction” for “such remedy as the court considers appropriate and just in the circumstances”. Within certain jurisdictional limits, the court’s exercise of its remedial power is discretionary.
What constitutes a court of competent jurisdiction to grant remedies under section 24(1)?
The application for a section 24(1) remedy must be made to “a court of competent jurisdiction.”
Section 24(1) does not extend the basic jurisdiction of the courts and tribunals; its applicability depends on a jurisdictional basis external to the Charter itself (Singh v. Canada (Minister of Employment & Immigration),  1 S.C.R. 177 at page 222).
The superior courts of each province have constant and concurrent jurisdiction to hear section 24(1) applications to ensure that there is always a court of competent jurisdiction (Rahey, supra, at pages 603-604; R. v. Mills,  1 S.C.R. 863, at page 956; Weber v. Ontario Hydro,  2 S.C.R. 929, at page 962; Canada (Attorney General) v. McArthur,  3 S.C.R. 626 at paragraph 14). They are the “default” courts of competent jurisdiction (Doucet-Boudreau v. Nova Scotia (Minister of Education),  3 S.C.R. 3 at paragraph 45). However, a superior court should exercise its discretion not to hear a Charter claim where the legislature has provided other more specific and effective means to have it determined (Okwuobi v. Lester B. Pearson School Board,  1 S.C.R. 257 at paragraphs 52 and 54), or if relief is sought as a substitute for obtaining a ruling in a criminal case (Kourtessis v. Minister of National Revenue,  2 S.C.R. 53 at pages 85-90).
Apparently, Derrick Bert is not familiar with the jurisdiction of the Superior Courts to hear Trust Claims in particular.
They are the “default” courts of competent jurisdiction (Doucet-Boudreau v. Nova Scotia (Minister of Education),  3 S.C.R. 3 at paragraph 45).Section 24(1) – Remedies
The Superior Courts of Ontario (and every province) are of inherent jurisdiction so that they can provide remedy for any Claim that comes before it protected by Law. The Trustee Act of Ontario recognizes that the Trust Instrument is the whole of the Law regarding a Trust Claim, and the Superior Courts are required to inherit the jurisdiction necessary to provide relief and remedy under Section 24.1. This is also clearly echoed by the legislated ‘Trustee Act of Ontario’, which is applicable as follows:
Application of Act
66 Subject to section 67, unless otherwise expressed therein, this Act applies to all trusts whenever created and to all trustees whenever appointed. R.S.O. 1990, c. T.23, s. 66.
Powers, etc. under Act and trust instrument
67 The powers, rights and immunities conferred by this Act are in addition to those conferred by the instrument creating the trust, and have effect subject to the terms thereof. R.S.O. 1990, c. T.23, s. 67.
Apparently, this is an education Post for Derrick Bert. Even after confirmation from Ontario’s FIPPA (Freedom of Information and Privacy Protection Act), (where the Bracebridge Courthouse forwarded My request for a copy of the Application Record filed with the Court for the Estate Application) that no Freedom of Inform a Sean request is required to obtain Court documents –
“If you are seeking court records, if they exist, may be within the custody and/or control of the Superior Court of Justice and/or Ontario Court of Justice.”FIPPA
A regional Courthouse (such as the Ottawa Courthouse or Bracebridge Courthouse) are simply kiosks for the Superior Court of Justice. When a document is filed with ANY Superior Court kiosk, it Will be available to all Superior Courts of Justice. Derrick Bert was able to confirm that no documents have been filed with the Ontario Superior Court in the Estate Application since March 24th, 2022! Withholding documents and NOT processing the documents with the Superior Court, is FRAUD – especially when One is doing so with the (criminal) INTENT to interfere with One’s right to participate in the proceedings.
Here is My email exchange with Derrick Bert of the Ottawa Superior Court, demonstrating his ignorance and incompetence, or Willful intent to gaslight. If Registrar’s of the Ontario Superior Courts do not KNOW that they are war King for Courts of inherent, concurrent jurisdiction, then We have a much bigger incompetence problem than I previously anticipated. I don’t believe that is the case, I believe they are trying to cover their ass because they’ve accused the Claim of being a ‘colossal attack’ on an Endorsement and Judicial proceeding the Ontario Superior Court has absolutely no Record of…
All of this just adds to the ‘aggravated circumstances’ with respect to My Claim against the Crown, showcasing an incredulous degree of contempt and ignorance for the Rule of Law, the Rules of Civil Procedure, and the duties and obligations of agents of the Court with respect to receiving documents for the Court of Record.
Absolutely mind-numbing. Let’s see what Derrick Bert’s excuse is this time…
I may be back again later today to discuss this mess in more detail.
Love and Blessings,