21. THE CASE OF THE MISSING MOTION...

ORGANIZED CHAOS AMONGST THE DE-TERMINATORS!

November 29, 2012, Case Management informs it does not handle Motions. I need to speak to the Motions Desk.

- In order to file a Motion, you need to file a NOTICE OF MOTION. You do that on form: 37A.

So, Jurisdictionally challenged, at some 2700 miles from Ottawa, I telephone the Motions 'Desk.' Generally the 'Desk' asks you to leave a message and a phone number. I do.
- Then 'Mike' calls me, asks me for my FAX number; says he will FAX me Form 37A. 
He informs me the Motion will be heard on December 6th! 
- Mike faxes me Form 37A. I print it; fill it out and Fax it back! Done?! 

I again contact Case Management: Thursday, November 29, 2012.

Hello Kathy:

I just had a call from Mike at the Motions Desk; he Faxed me the following Form, stating the Motion would be heard on December 6th.
Before I fill it out would you please tell me at what time EST.
Do I understand correctly this is for the Counter Motion I presented?
Does this mean there is no Motion hearing on December 4th?

From: Admin G5 (email address omitted)
Sent: Monday, December 03, 2012 12:29 PM
To: Estabrooks, Kathy (JUS)
Subject: Re: Case #10-49776

Good Morning Kathy:

'Sue' from Motions just called me to confirm the Thursday, December 6th Motion Hearing.

We discussed the change of date from tomorrow the 4th.

Sue indicated she would inform Defense of the change.

The fact I had spoken with 'Mike' from Motions - last week.

That Mike had faxed me a MOTION CONFIRMATION FORM to fill out for December 6th @ 10 EST (my 7 AM, PST )   

That I emailed both yourself and Defense N-VisionIT a filled out, signed copy of the MOTION CONFIRMATION FORM

Sue then informed me to connect with you to verify the teleconference hour for this Thursday, December 6th.

Will it be Master Roger residing?

Thank you Kathy.

Sincerely,

Jan Steen

_____________________________________

Hello Mr. Steen,

Master Roger has given permission for you to participate via teleconference. On December 6, 2012 at 10:30am, please call 613-239-1567.

Thank you

_________________________________________________________

Alright 'Good Reader.' If you can find headway in above, would you be surprised to hear that on the 6th of December, contacting the Court at the above hour, when the session begins, with Defense CEO + CIO and Master Roger attending, with this Respondent on the phone, it comes to light that the session Conference is NOT to be the hearing of this Respondent's Motion, as per previously indicated by the Motions Desk. 

Upon questioning this, the Master informs Respondent he has a lot of paper work and is "unaware of the Respondent's filed Motion." Instead, the following 3 hour priority session lies with the Respondent's inadequate questions to the Defense's Refusals and Undertakings Chart. NOTE: Q's on Post #20

Below is the 'LOST' Motion.  

____________________________________________________________________  

* 

Nov.29    2012 10:29   Civil Division                                                                        No.3179 P.1

COURT FILE # : 10-49776    

MOTION CONFIRMATION FORM

SUPERIOR COURT OF JUSTICE

Between

Evert Jan Steen

(MOVING PARTY)

AND

3902641 CANADA INC,  doing business as 'COMPANY 'X' (name with held)

(RESPONDING PARTY)

I, EVERT JAN STEEN,  Self-Representing for the MOVING PARTY, CONFIRM THAT THE MOVING PARTY HAS CONFERRED OR ATTEMPTED TO CONFER WITH THE OTHER PARTY AND CONFIRM THAT THE MOTION TO BE HEARD ON: DECEMBER 6, 2012 @ 10 AM EST, WILL PROCEED ON THE FOLLOWING BASIS:   

( X ) FOR A HEARING OF THE FOLLWING ISSUES:

An order asking for the dismissal of the Defendant's / Responding Party's 'RETURN OF MOTION.'

An order allowing Claimant/ Moving Party leave to amend pleadings.

An order granting a Summary Judgement on the Claimant's contractual non-compliant Claim.

Alternatively, an order allowing the action be set down for TRIAL!

The presiding JUDGE will be referred to the following materials:

The Contract (The Statement of Work)

The CLaim.

The Counterclaim.

I estimate that the time required for the motion, including cost submission, will be 30 (thirty) minutes.

For the moving party, and 30 minutes for the responding parties, for a total of 60 minutes.

Dated: November 29^th, 2012

TO: 'CEO + CIO' (self-representing) @ 'ADDRESS' (WITHHELD BY RESPONDENT)

Signed as per: Evert Jan Steen, (Self-Representing/ Moving Party) 

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This TOO will pass....