Tuesday 7 January 2014

77. Accruing the Documents for an Appeal.

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Holidays notwithstanding, distance continues to play a major part in my legal logistics. Regardless computers running most common citizens daily affairs, communication exchanges with the Superior Court in Ottawa requires constant need for verification, in order to ascertain procedure is accurate.

Experience has proven difficulties in certifying filing of any type of document. Early file checking in 2010 showed some documents had not been date stamped. Several Motions I thought filed were determined unregistered, or 'missing.'
 I was informed my cross motion would be "put with Defense Counsel's material" to be heard, I thought, on September 20th, 2013. It was never looked at, nor dealt with.

The obtaining of 2 transcripts, ordered in October 2013, are yet to be delivered. After a lengthy hiatus, recent contact with one of the transcribers, is proving productive, and conclusive. I should receive a hard-copy by registered mail earliest end of week. Total Cost @ $540.00  Living on $1,300 a month, you can imagine, I am deeply in debt.

My immediate family continues to reprimand me; others plainly have stopped talking to me. Nobody wants to hear... Although we all KNOW its futility - that we are merely stimulating the 'business' - there is my dogged determination to keep those blinkers on and persist. All with the slightest of possibilities a single Judge will actually look at this case - SERIOUSLY! As long as I maintain a cool front.

I might even have explained to me HOW, WHY, and WHAT allowed the evermore invasive Defense Questions, to become "relevant - in the circumstances." It's a loaded statement.

Last thoughts on the logistics of the Appeal.
{As a reminder: The usage of transcript(s) dialogue, and/or facts, determines the Final Appeal Date for Filing, some 60 days AFTER you have been informed the transcript has been COMPLETED. (Regardless your having it in your possession)}
 
 Here's the process:

1) In your Notice of Appeal you state you will be including and referring to 'transcript (s)'
2) You contact the Transcript department. (emails allowed; thank you)
- You render your dates of hearings with names of parties and presiding Master/ Judge.
- You are informed on which Hearings there were reporters, and thus transcripts possible.
a) Not all Hearings, Case Conferences, Motions, Special Appointments, Trials etc. have reporters sitting.
b) I am informed when there is at least ONE party 'Self-Representing,' a reporter MUST be present.
c) I am informed that every MOTION hearing must have a reporter present.
d) Recordings are digitalized these days. After you have gleaned which sessions have been recorded, you proceed to order the ones you wish to purchase.
e) You are put in contact with the applicable reporter/ transcriber; your transcriber my not necessarily be the original reporter at the session. My second ordered session is not being transcribed by the original reporter. I was informed she was 'busy.' That transcription is slated for 'sometime in January...'
f) You are then given an estimate cost of the transcription. If you decide to go ahead, a down-payment is required; it MUST be delivered in CASH to the home of the transcriber (in my case in Ottawa), or sent as a Certified Cheque or Money order. Transcribers are contracted and work from home.

- Since I live in British Columbia, it would have been a stiff walk to pay CASH! So, after a lengthy, inexplicable silence taking me into December I sent one $200 money order down payment, by Registered mail (extra cost @ $17); the second one, a money order @$380.00. That's $580.00 with ZERO guarantee. Both amounts were delivered by mid December, 2013.

g) Before the transcript is considered 'Complete' it passes by the residing Master, or Judge. On verification of its accuracy (it can not be changed I am informed), the transcriber files a 'Certificate of Completion' in the Court files (your Divisional Court Appeal number I expect) and informs you of this.

h) Upon this Notice of Completion, you are then given exactly 60 days to complete and file your 'Certificate of Perfection.'
It consists of:
- an Appeal Book and Compendium;
- an Exhibit Book;
- an Appellant's Factum; and
- the transcripts.
(You must also have an electronic duplicate on hand)

 All is becoming to feel surreal. I Googled the keyword: 'self-representation', and have begun to read up on the logistics of self-representation and its problems. I continue to feel 'alone,' but hope at some point to share my experiences with others, and WHO KNOWS maybe even make some positive difference.
I understand that more and more individuals are self-representing - by need!

This too will pass ......






 

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