Volume CLXXIII: The Magical Monday Motive A Sean Edition; Noting the City of Ottawa in Default

Hello every One, welcome to the Motive a Sean all Monday Edition, thank King You for joining Me. I really do have one of the most Magical Editions for You today because the Motive a Sean was to get to the Courthouse and have the city of Ottawa Noted in Default for failing to respond to My Statement of Claim. Well, wouldn’t You know that My Words did Magically Manifest and defense counsel did try to intercept Me football-quarterback style from Noting them in default by contacting Me by Way of email this morning as I’m putting My shoes on to leave!!!

Talk about a teeth clencher! The big Quest-Ion, is what does defense have to say for itself contacting Me two days after their filing deadline of June 8th? Isn’t it a little late? And it would be one thing if it were a Notice of Intent to Defend or a Statement of Defense, but it was not.

July 12, 2021, 9:27 AM

Good morning,

we have not yet heard back from the Court on the City’s request for the dismissal of your claim under Rule 2 of the Rules of Civil Procedure.

While we have informed the court that we will hold off on serving and filing our intent to defend until they make a decision, I also wanted to obtain your consent to extend the time for filing the defence while we wait for the decision by the Court. 

I can commit to draft, file and serve the defence within 20 days of the Court making its decision if they advise us that they are not dismissing the action.  

Please let me know if you consent to extending the timeline, as set out above, for the City to file its defence.    

Regards,

Any One know what the ‘Magic’ of this email might be?

“we have not yet heard back from the Court on the City’s request for the dismissal of your claim under Rule 2 of the Rules of Civil Procedure.”

Defense counsel, city of Ottawa

Let Me Show You because I shared this with You before but it is worth sharing again.

Fri, Jun 25, 2021, 4:10 PM

Good Afternoon,

According to the rules of civil proceedings, the defendants can file a motion. You can reply to this motion by filing your response materials.

Please note that as of today, there is no motion materials filed.

Thank you,

Ashley Moniz Andrade

Superior Court of Justice 

Yeah, the date is in red for a reason. The ‘Superior Court’ did respond to the city’s request to dismiss My Claim under Rule 2 of the Rules of Civil Procedure, they just chose not to share their response with defense counsel. Perhaps because they felt it was unfair for the city’s defense counsel to be communicating outside of the Court without My prior consent? Did I not suggest that this is what the Justice was telling Me in code? The other Significant line is

“Please note that as of today, there is no motion materials filed.”

Superior Court

I suggested what the Court was telling Me was that the Letter of request had been denied because it had been made in violation of the Rules and does not count as “Motion” materials. What I did not know, was that defense counsel was not cc’d on this email. Even if I had taken the time to check (which I didn’t), they could have blind carbon copied defense counsel and I presumed they had sent her a Letter advising her that she must file with the Registrar like every One else and Give Me fair chance to defend if they did not cc her their reply to Me. It did not even cross My Mind that defense counsel did not receive this Letter and would not be provided with a reply at all! Imagine what it felt like to be the One to tell her that she Will not be getting a reply because the Courts know she violated the Rules of Civil Procedure and this is what the Court determined to be in the best interest of preserving Justice and the Matter before the Court? There was a bit of back and forth today that I Will share in a separate thread so that People can follow along with the whole Story. These are just the highlights. This was My reply.

July 12th, 2021, 9:45 AM

Dear Geneviève,

I am very confused.  

1. Did You file any paperwork with the Registrar’s Office?  (If so, when)?

2. Have You sent any further Letters to the Court, Justice, or Registrar’s Office further to that of the Letter You shared with Me?

3. To clarify, have You had any further outside communication with the Court without My prior consent other than the Letter You shared with Me?

4. And again, to clarify, when You say You are waiting to hear back from the Court, are You referring to hearing back in regards to the same Letter You shared with Me, or have You sent additional requests?

I require Your reply as soon as possible, it is urgent.

Thank You,
King Sean,

But Ladies and Lords, Queens and Kings, it gets better and better by the moment! Just wait until You read the reply!

July 12th, 2021, 9:58 AM

Good morning,

the request I am referring to is the Letter that I had previously sent to you – attached for ease of reference.

We sent the attached email on Thursday but have not received a response. 

Please let me know if you will consent to the extension while we wait for the Court’s decision.
Best,

So, You may as well know what the other Letter says:

Good Morning,

We are writing further to the attached letter.

As the time to file our Notice of Intent to Defend is fast approaching we wanted to inquire as to if the Court has had the chance to consider our Rule 2 request or , if possible, can provide an approximate date of when we can expect to receive a response.

We would also like to confirm that while waiting for the Court’s response we will not be filing our Notice of Intent to Defend and trust that no steps will be granted to note us in default by the Plaintiff.
Many thanks,

Tasha Fenner
Litigation Law Clerk

You know… I said once that sometimes I can’t help but Wonder if the Courts actually Wish to see Me make an example of People. Days like this Magical Monday Give credence to these Imagine a Sean’s. Do I need to tell You how inappropriate that last email to the Court is? Probably not, I think most People can identify on its face why it is an inappropriate Letter to the Court. Here’s why.

First and foremost, I Wish to remind every One reading this that I have confirmed this fact on several very recent occasions with various individuals including the Court Registrar today, and that fact is that there should be ZERO communication with the court without the prior consent of all parties! Period. It is a VERY serious Rule because it places one of the parties at a serious disadvantage. Secondly, the time of Judges and Justices is Valuable, that’s why One is required to file a Motion and book an appointment. It is why Motions cost money to file. Imagine if every litigant could just email every request they have directly to the Court or Justice without filing with the Registrar! But perhaps the most inappropriate part of this email, is that defense counsel has absolutely no reason to believe her request should even be heard, much less granted because she did not follow the Rules! So to tell the Court that she is not even preparing a statement of defense under the presumption that the Court is going to be perfectly okay with her violating the Rules, and that they Will put her timeline to defend on pause until they respond? Believe Me, not responding to her at all was the Court exercising its power to do what is in best interest of Justice – and that is to not Give defense any more time, don’t bother to tell them because they should never have been as King in the first place, and place them in default if they don’t respond in accordance with the Rules. I believe that’s exactly what they Imagined I would do when I learnt they had not responded to defense.

So, without sharing the other email exchanges and making this Post entirely too long, I did what I said I Will do with the named defendants – I told the Registrar what happened, that the court didn’t reply to defense and now they are as King for more time. Most Magnificent, Magical Registrar “Mike” ever!!! I can hardly believe what I am about to tell You because I have told You, I’m not a lawyer, I don’t really know what I’m doing, I’m just trying to figure it out as I go and follow the Rules. I know the Law, but the Rules and Courts of Justice Act, not so much. But this Registrar said to Me (paraphrasing because I didn’t record anything).

“Of course You Note them in Default! That is what the Court Will be expecting You to do, that’s why they responded only to You and not defense. This kind of thing should never happen, it is a big Court ‘no-no’. It also Shows the Court that You know what You are doing. Look at You, look at this paperwork! This is perfect, beautiful, this is what the Courts like to see. And now You can Note them in Default? Of course You do that!”

Honestly, he was amazing and he was amazing because he was full of flattery and I am not exaggerating at all. In fact, I’m probably being modest. But he told Me he has over twenty-five years of experience as a Registrar and only once has he ever seen such perfectly presented documents by a Self rep litigant, he said I should be very proud. So I’m sharing that with You because I don’t often hear THAT kind of thing from Registrar’s when I visit the Courthouse, though they are all generally very kind and accommodating.

So this Magical Monday I Wish most of all to say thank King You to God because it was God We were as King for to ensure an Honest Justice reviews this Claim, and the Courts have been very, very Good to Me and I am very, very Grateful. Thank You to God, and thank King You to the Powers that be. You know I don’t believe in coincidences.

The city of Ottawa was officially Noted in Default this afternoon, July 12th, 2021.

Love and Blessings!!!