Monday 14 October 2013

44. When is an opinion NOT personal?


An ORDER is an 'OPINION.' An Opinion is an individual's assessment of materials at hand, as he/she relates them to the 'relevant issues in the circumstances.' The 'ordered opinion' is formed and registered at a specific point in time; regardless its bearings to any set rules, it remains 'Subjective.'

Notwithstanding, its 'relevance' stands unquestioned, unless successfully appealed. Uncontested, the 'ordered opinion' becomes law. So, little case by case, case-law subjectively manipulates the rules, and changes format. Let's call it 'in-breeding?'...:)

When I threw in the towel, after I sensed my discovery process of Defense's incessant demands for unrelenting questions would never end, by being out of Case Management, I had hoped for at least a three (3) judge panel during Appeal (as well as being out of the Ottawa Jurisdictional bottle neck of possible like-minds).

I am wrong! An Appeal to an 'Interlocutory'* Dismissal by a Master is heard by a single Judge in a Divisional Court. For Ottawa, this being - in Ottawa. Again, Jurisdiction is NOT in my favour.
*(given provisionally during an action)

The rules for required specs show much to prepare. It's far more complicated than where I have been. I have experienced that a tiny 'technicality' can jinx all efforts and costs. My former BC Example:
When my case in Small Claims Court in BC was "dismissed for lack of Jurisdiction,"my question to the Judge at the time was: "So, Your Honour, there is nothing I can do?" Madame Justice, the Honourable Justine Saunders answered: "Well, Mr. Steen, you may appeal, if you like...."

After many hours of effort and costs of filing, some 6 months later Defense Counsel argued: "You may not appeal after a Hearing, only after a Trial." Regardless my argument that Small Claims Court do not have 'Trials', that 'Hearings' are the 'Trials' of the Small Claims Court, the Supreme Court presiding judge, needing our 2 hour especially reserved and paid for session to clean up business of the morning, (after being alerted of the issue by Defense) briefly stated before postponing our session: "Mr. Steen, I shall have to look in to the matter whether I am even allowed to hear this..."

I decided to abandon the appeal, and instead sojourned to file in Ottawa. Here we are today. Is it worth it? Is what you are served the justice you deserve?
What I need to find out is whether there was ever a cross-provincial, out of Jurisdiction, Self-Representing case that has won an appeal. (?) Anyone?

 







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