Thursday 27 March 2014

90. NIGHTMARE >>> Respite!

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It's DONE ! Or at least I THINK it's done. Maybe I can take a breather now - have a life. Time will tell if I did the right thing.

With a deadline delivery of March 25th, on Friday, March 21, my 75th Birth Day, I caught the first, 7:30 AM ferry off the island, traveling to Vancouver to visit with my 2 sons. Once on Vancouver Island (about an hour to get there) with my Appeal docs, I set out to Nanaimo's 'Staples' to buy the proper, court stipulated colour bindings, plus 2 large Express Post envelopes; one to send Defense and one for Divisional Court (once Affidavit of Service is verified).

Table of Contents included:

1) The Appellant's FACTUM > had to be bound both sides in WHITE!
Staples did not have anything appropriate, like a three hole white cover, so I had to make it up with their service help, using a firm, white paper, back and front, with a label glued.

2) Notice of Appeal/  3) The Master's dismissal Order/ 4) Reasons Appealed from/ 5) Transcripts of any Conferences. There were 2, the December 2012, 3 hour session painstakingly plodding through my insufficient answers of Defense's Undertakings; and the September 20th, 2013, 'Special Appointment' which led to the dismissal order, based on my refusal to continue answering case irrelevant questions.
Questions the former Master had decided were "relevant in the circumstances."

{I was not allowed an explanation as to 'why?' they had been found 'Relevant,' nor what was meant by "in the circumstances."} "The Court is not there to give you advice," stated the Master to me on the phone. Notice the verb 'Advice.' I did not ask for 'Advice'; I asked for an explanation.

I seriously questioned the role of Case Management in my appeal.

6) Then there was the Exhibit Book. (Clearly extensive) and finally signed copies of 7) The Appellant's Certificate Respecting Evidence and 8) The Certificate of Completeness.

If you have any Case Law to base your appeal on, there is the 'Book of Authorities.' I have a superb BC example, which would not have stood up in the Ontario Jurisdiction. So I had none.

I will be taking a bit of a break. Do some gardening and generally re-charge. I will then interpret my other blog, CNSRLN.ca, hoping to contact other Self-Representing Litigants, and set out to become a stronger presentation.

Connect in a bit.
 

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