Hurrah! Having ordered it mid-October, 2013, I was yesterday informed my most telling transcript is "In the Mail." The 'Special Hearing Motion' of September 20, 2013, the session that led the Master to dismiss my case. Dismiss and post as 'Case Law' Lii.ca #10-49776, because after 2 years of continued demands for more answers to completely claim irrelevant questions, I refused to continue answering any more of them. Enuff was enuff!
Although I am keenly awaiting this transcript, reading it will take me back to relive that highly unpleasant session, held, not in a court, but what is called 'in chambers.' Attended by a substitute Defense Counsel, the senior Master, and myself on the phone, I remember most disconcerting the sound reproduction. After being reprimanded for interrupting, by stating I could not hear the conversation, the Master suggested I try calling in again. On doing so, there was no improvement. Regardless, the session has crucial content which will become part of my appeal.
So with a fresh read of Dr. Julie Macfarlane's new posting (link below), here is my response:
A GREAT BIG - YES! to her newly published episode.
Timing is EVERYTHING!
We're no longer ALONE. Representatives of the system itself are stepping forward and leading the cause for change. Let our exhaustive work not go wasted.
The posting contains some great phrases: "Crisis in access to justice"; "institutional professional resistance"; "user-oriented solutions"; "Being an SLR makes you Nuts;""abyss of obsession, compulsion and despair"; "It's a Spectrum, not a dualism."etc. Also the fact the 'movement' is titled: NSRLP - National Self-Represented Litigants Project; rather than the US's SRLN(etwork).
(This February 5, 2014, it will be exactly 6 years ago this (my) "project" began. My preferred life has been 'put on hold' ever since. As if caged, I have made do, blinkers on. I was going to have a last major-kick-at-the-can with my Postal Code based Classifieds website; to be built, after thorough research, by none other than Canada Inc. '1234567' etc. Little did I know then...)
As I mentioned in a former Posting, I shall continue to deal with my issues with the legal system from the inside-OUT! Let the NSRLP do their noble work from the outside-IN! Who knows, we may swing in to an era where truth by proof, and Democracy by majority rule, can become a FACT of life.
Within the next 2 months, I shall continue to pursue my efforts, completing and filing my Perfection of Appeal papers. In my inimitable way, I shall discover if justice was in fact done; if those who ran my course of procedures acted according to the rules they had sworn their oaths to, or whether the imperfections I will be forwarding are to be sufficient indication the case needs revisiting and will be proven far from dismissed. Scary thing is: All will be up to a SINGLE appeal Judge's assessment.
At the center of my appeal will lie my responses to:
1) Variable readings of the existing Rules of Civil Procedures.
2) Case Management Masters' inconsistent orders of endorsement.
3) Uncontrolled Counsel manipulation by interfering with due process (i.e. Motions; applications to a Judge; stretching time)
4) Concerns with allowances to overshadow when running Counterclaims and Claims together.
5) Jurisdictional disparity with Forum Convenience advantages with filing, attendance etc.
6) Potential Jurisdictional favouring amongst professionals.
7) Institutional resistance to SRLs, by officers' heavy handed responses.
7) Lack of direct access to one's Case file.
8) Complications with filing documents.
- Then, there are my former suggestions about when cases go in to Case Management.
NOTE: Regarding the article's 2-group analysis:
From my perspective this is NOT a good idea. Most of us likely start off with a certain amount of venom. That is why I think having a Para-Legal 'bridge' to the system is advisable.
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