Monday 26 August 2013

33. David V Goliath, or, Back Against the Wall!

Hello 'NAME WITHHELD':


I contact you for your expertise as "an international authority on internet law." 

Likely few 74 year olds are so foolhardy to take on the legal system. 
As a financially-pressed, British Columbia domiciled, self-representing Claimant, reduced to having become the Respondent, my time is running out. 

At the outset my claim of contractual non compliance against an Ottawa web-developer started out well. Defense offered me a $30,000 out-of-court settlement. However, having spent some $45,000 for the creation of an interactive Kijiji type online Postal/Zip Code based Classifieds which was never satisfactorily produced - thus loosing us our valuable marketing window of opportunity - I decided to soldier on. 

In retrospect, with Defense digging in with Counsel and my scant knowledge of legal chess and procedure, maybe I should have accepted their earlier offer. 

Jurisdictional disparity, well-timed Defense Motions to dismiss, and a Case Management Master's punitive measures laid on this Plaintiff for not answering what became "all questions are relevant in the circumstances" during a stretched discovery phase, have left this present 'Respondent' despondent, wondering how the Rules of Civil Procedure can be so overshadowed with legal ploy.   

Am I indeed the recalcitrant old fool they are determined to make me out to be? Must I be taught an expensive lesson? Or, are average Citizens like myself entitled to have their day in an unbiased and fair court to determine who is in error and who is ultimately beholden? 

On September 20th, I will be attending a 'Special Appointment' with a Master and Defense Counsel by teleconferenceIt could well become my final coup-de-grace. 

In anticipation, I am seeking the services of someone concerned with these matters. Someone who can play a definitive role in improving web-related legalities, so that others may avoid the senseless nightmares and failed opportunities I have been suffering. 

My blog: www.about-justice.blogspot.com will shed light on my situation.

I hope you will take the time to answer my plea.
Sincerely,
Jan Steen 

Monday 19 August 2013

32. MORAL PROGRESS OR A DRINK TO EXTINCTION ? ....>bye>bye>humans...

"Activate and use the card that makes FREE happen" reads the recent promotional material send me by a food supplier. Credit limit $2000/ Credit available $2000 @ some 20% interest! How needy am I? How gullible?

So I have been having this ongoing rhetorical conversation with a friend of mine. He states we are a failed experiment. I maintain, in nature, there is no such thing. Some 'thing,' like us, finds a niche and fills it. That's all we did. Only thing is, we have a 'DUE DATE!' ... and we're almost there.

HEY, listen - 'FOLKS', in the 'overall scheme of things' - it's OKAY! We are a spit in time. No big deal! 'Mother' earth, GAIA, will keep spinning and spawning. Have you seen the doc about 'Life after Humans?' or the Martin Scorsese 'Surviving Progress?' Beautiful and brilliant. Shucks though about those stainless steel sinks that'll lie around, WHAT, forever? But nary no tarry, the moon will still carry a piece of our evidence; that footprint, some say created in a studio....

What's real? What's imagined? Egypt and Syria, the whole Middle East belt, but for the riches of Arabia, looking for equality and justice. Give us what YOU have, for we too are entitled! Like China and India, we all want more!

But Mother Gaia is putting her foot down, telling us: "Thank you humans, but enuff's enuff!"  

We are on a run-away train, imminently at the 'Beyond Due Date.'
The most curious fact of our species is that the greed factor has overtaken our capacity to live within the equilibrium of nature.

To that extend we are 'failing' and our time is nigh. Still, I maintain, we are NOT a failed experiment as such! We merely refused to live within our niche. Our blind drug for expansion at any cost is our nemesis.

Progress: What is it? Justice: What is it? Can I motivate you to respond?
I would very much appreciate that!


Friday 16 August 2013

31. AUDITOR GENERAL TO REVUE SENATORS EXPENSES...

...TO CHECK FOR IRREGULARITIES.

This Plaintiff requests Attorneys General of all provinces to revue the e-commerce legal system. They will come to realize how Jurisdictional disparity is playing havoc with the parity of justice.

Experiencing dissatisfaction after doing business with suppliers online, extra provincial claimants, having filed in the Defense's jurisdiction, are at legal loggerhead and unjustly challenged with lack of access to courts, files and legal aid. The laws thus tend to favor the seller/ supplier.

Much of the system's procedures have yet to catch up to modern times. Filing documents such as Motions, Proof of Service, Pay methods, all must be done by mail, registered, or Fed-Ex. There is NO access to one's file online; access is restricted to hiring someone from within the jurisdiction to act on one's behalf.

Saturday 10 August 2013

29. HOW MOTIONS ARE KILLERS and a COUNTERCLAIM CONFUSES THE ISSUE!

 I have come to question the incredible powers of a 'Motion.'

MOTION: 'A written or oral application, made to a court or judge, to obtain a ruling or order directing that some act be done in favor of the applicant...'

Remember: "In favor of the applicant..."

Say I am the Defense accused in a Plaintiff's claim of transgressions in a transactional contract that has hurt the Plaintiff badly (identified in the Plaintiff's Claim); the Defense with their 'Statement of Defense' has rightfully stated their reasons for disagreeing. The argument stands equal at this stage.

With both documents filed, the avenue to file a 'Motion' allows the 'Motion' filer to ask the court, judge, or Master (if the Case is in Case Management; which ours is) to negate the Plaintiff's Claim giving their reasons for dismissing the case.

Example: "This Motion is a request for an order to dismiss the claim based on, and relating to (named) Rules of Civil Procedure. In our case, as early as September 2011, Defense had filed a Motion requesting the claim be dismissed, on the basis it was frivolous, vexatious, and unfounded. But their main focus was on their Counterclaim of Defamation (the former Word Press Blog I ran).

This Plaintiff has gleaned over a number of Defense Motions (all carrying the constant: THE DISMISSAL OF THE CLAIM) that Motions can 'RULE' by overriding whatever would otherwise be considered 'regular' proceedings that prepare a case for a trial date.

Add to this the complexities for filing, paying for, and attending Motions some 4500 KMS away, since they are heard and attended, face-on-face in the jurisdictional Court of Defense.

Motions can be killers of JUSTICE.  They MUST be re-evaluated by a presently cockeyed, imbalanced system.

Friday 9 August 2013

WANTED: INTERNATIONAL E-COMMERCE INTERNET LAWYER!

HEAR YE; HEAR YE! Googling all applicable legal Counsel!

If you are a dedicated, scrupulous, and intelligent Internet Litigation Specialist, this opportunity could well put you on the International map towards an illustrious career.

My Ottawa, Canada, Superior Court claim of contractual non-compliance, with need for self-representation, jurisdictional parity, and defense's incessant motions for dismissal requests, have turned this case topsy-turvy. All, except the facts, is in favour of Defense.

Stuck in Case Management, 2500 kilometers away, this Plaintiff/ Respondent is cracking under the incessant pressures of Defense Motions to dismiss, and Master's orders to answer case-irrelevant questions. "In the circumstances all questions are relevant." WHAT ARE THE CIRCUMSTANCES?
Am I not entitled to know?

WHEN is there ENOUGH Discovery? WHEN do the Rules kick in? WHEN do we get down to the FACTS? WHEN can a Trial date be set? WHY is a trial date not set? AYE, there's the rub!

Friday 2 August 2013

27. AND THE WINNER IS? (or) When Kudos Are Due.

After the December 06, 2012 Case Conference Endorsement, in which the Master decided I was the culprit, I felt the clear need to have my very own, Ottawa Jurisdictional savvy, Counsel. I googled and found who I thought would be my perfect representation.

Defense files a: "Requisition to Schedule Appearance Long Motion Dates."
"A WHAT?" is this old brain's response to his newly-found, intermittent Counsel...

Whenever I showed signs of confusion, his response was always "Crystal Clear." When it looked like we were in for the ride, his hollow firmness echoed: I have told you before, and I am telling you again, the next Case Conference is all about finalizing the details. It is NOT a Motion.

Instead, the next Case Conference was a full-blown Case Conference dealing with Defense's latest Motion. With newly hired, magna cum laude, U of Ottawa's pretty Miss. Alexander in control, Defense's reins led an ill-functioning, ineffective, unresponsive party by the nose - all the way down to the sweet smells of a summer's garden path. Was it Vent Vert? I'll never know...

Resided by our Master, the questionable Motion session's Endorsement concluded with a full set of  Respondent addressed final new orders. Should the Respondent fail to comply - AGAIN - it would allow to put the case to bed, with a final Defense's Motion to DISMISS THE CASE!

This is the overall gist: The Plaintiff thinks he is over-complying all along; Defense continues to indicate he is NOT. The Master decides, at long last, the dissatisfied Defense must be RIGHT!

All is this Blog-Man's assessment of this incessantly aggravating game of chess. NOTHING seems to relate to actual Justice. You're either up for the onslaught, or stay home. Best party - wins!

Based on the ironic 'Non-Compliance,' at present, this Despondent Respondent awaits his possible Coup de Grace.

With shame to the system, Kudos to Defense.

This too will pass...