Monday 1 February 2016

222. Going All Out

VIEWS@15053

Hello my anonymous readers... with my upcoming Friday, February 12th Summary Trial slated for an up to 2 hours attention, I hereby post my lengthy 'Argument.' 
There are a number of factors at play any time you enter a No Man's land.

1) Will I be cut off at the pass? If so how and when?
2) Will my material even be read by either the Ministry, and or the court?
3) Will there even be any acknowledged communication? etc. etc.
All I can tell you is that although 'YOU' have been there, ( it could even be a kid @ Google  Inc. feeding me the VIEWS crumbs, pretending there are real people reading these efforts) 
I too, will come to realize that all is FINITE. As such, to know the beast you are confronting, and eventually too - accept defeat. "All the world is a Stage" after all. I will quit while I have an ounce of optimism left and go sprinkle it where it can sprout new growth.
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Court file no: 15 4257
 Victoria Registry

IN THE SUPREME COURT OF BRITISH COLUMBIA

BETWEEN:
EVERT JAN STEEN
Plaintiff

AND

The MINISTER of JUSTICE and ATTORNEY GENERAL for British Columbia

 Defendant
CLAIMANT’S STATEMENT OF ARGUMENT

Statement of facts:

1. The Claimant resides in British Columbia. His initial legal action concerned a contractual non-compliance by an Ottawa, Ontario Web-Developer. 

- Websites, as online means, promote e-commerce business and information across the globe. As such they are non-jurisdictional in every application.

2. Claimant discovered the Ottawa Web Developer on Guru.com, an online web business promoting web-developers globally. The argument the developer has no concrete assets in BC is a jurisdictional non-factor to the issues of the website related claim, since services are provided equally, to anyone, anywhere on the globe.  

3. The BC Small Claims Rule, Rule 1 (2) (b) clearly defines various claim applicable allowances for filing in BC. Accordingly, on March 02, 2010, Claimant registers his claim in the Courtenay, BC, Registry. 

4. During the Hearing on May 7, 2010, an earlier filed Defence Application asks for the Claim’s dismissal. It takes precedent. Regardless Claimant’s argument for using the 1 (2) (b) ‘OR’ Rule, confined rhetoric leads to honour Defence’s Application as the Judge dismisses the claim based on ‘lack of jurisdiction.’

5. Despite Claimant’s argument for validating the OR rule with its clearly allowable applicable clauses, Judge Saunders considers her position functus.
“I can do no more.”

6. Having ignored the Rule 1(2) (b) details for filing, Madame Justice Justine Saunders puzzling includes Rule (2) (b) in her Judgment’s dismissal.  She additionally ignores Rule 18 – Other Rules about Service and Proving Service.

(2)

7.  Enquiring if he can pursue anything else, Justice Saunders indicates Claimant can Appeal her decision should he wish to do so.

8. On June 22, 2010, Claimant files Appeal in BC Supreme Court. Appeal will be heard on August 23, 2010.

9. On or about July 10, 2010, Claimant receives another Defence Application to a Judge. It states: “One may file an appeal after a Trial, not after a Hearing; since ours was a Hearing, there may not be an Appeal.”

10. August 23, 2010. A 2 hour Hearing, set and paid for by Claimant Steen, is interrupted by spill over from a morning’s case. During a brief audience with Madame Justice Dardi, Defence’s Application to a Judge questions the Appeal allowance. Steen requests an adjournment based on Defence’s additional materials and late filing. With nigh a reprimand, the judge eventually grants the adjournment.

11. With a new date set for January 22, 2011, realizing he is getting nowhere, on December 09, 2010, Claimant Steen abandons BC Appeal.

12. December 30, 2010, Claimant files in Superior Court of Ontario. 
 

ISSUES ON ARGUMENT

(i)              Did the BC Court have territorial competence to hear the claim?
(ii)            Based on both Case Law exhibits, as well upon scrutiny of the allowances in Rule (b), the Court should have exercised its territorial competence on the grounds it is the right and correct Jurisdiction, in the Courtenay Registry.
(iii)            Why did Madam Justice Saunders refuse this SRLs attempts to hear his reasons for stating Rule 1 (2) (i) ‘OR’ rule’s conditions (fully entitling him to file in Courtenay, BC?)  
(iv)            Did the courts fail to adhere to the Rules? And if such, has the Self-Representing claimant been seriously misappropriated?
(v)             If so, based on the SRLs 5 year litigation in Ontario, is the seriously misappropriated claimant entitled to his requested recompense?
(vi)             What are Canadian Citizens’ statutory rights in these circumstances?
(vii)        Are judges, applying their trade, above the law?
(viii)       If so, then, as their employer, the Minister of Justice is responsible for their decisions. (Claimant is aware a complaint regarding a Judge’s behavior is to be addressed to the CJC)
(ix)           What are the roles and duties of the Minister of Justice?
(X)  Would the Ministry concur with a complete rewrite of the Rules to create less ‘choice’ when applying them to their applicable circumstances?
(X1)  Would the Ministry agree Judges need to be held more accountable, somehow?
(3)

(X11) That lawyers must be made to understand they are NO closer to a Judge then any litigant, regardless representation or not.
(XIII)  Can it be said that much in-efficiency lies within the system itself; that those employed by the system gain by prolonging their cases?
(XIV) That if indeed the system seeks to improve itself, drastic changes are required.
  ============================================================

PREFACE TO ARGUMENT

As an average, elderly Canadian citizen, with this Court’s approval, I would like to express the lay rhetoric for my argument… 

I appreciate, and am prepared to accept, that judges shall not be held responsible for their ON-duty, in-court decisions. After all, where there is argument in debate, there is room for error – even amongst judges, since they are finite and mortal, like the rest of us.

Though allowably excusable at the time of error, should by fact and reason it become ipso facto clear error did indeed occur, such in-justice then, would show a mis-appliance of the Rules and hence misappropriation of the Plaintiff citizen.
 Since we purport to live in a ‘just’ society, once determined, this should be put right.

This ‘putting right,’ your Honour, brings us here today. As Minister and supreme head of her department, the Minister plays a number of roles. While ministering, she is responsible for the needs, rights, as well as actions of her Citizens. These include her hired judges, since they too are Citizens, who may some day need to appear in court.

Her position then, as Minister, requires her to tend to, care for, take care of, look after, see to it  - in fact ad-minister, by organizing and managing the affairs of all those who fall under her Department’s Jurisdiction. She has so sworn to uphold everyone’s God-given statutory rights. 

In her role as Minister of Justice, she has to ensure that matters and procedures are done both fairly and correctly. Especially where it concerns the Rules of Civil Procedure, the rules by which we all must abide. Since, as citizens, none of us are above the law.

And when, for whatever reasons, it is discovered that wrongs have taken place, they must be rectified - in a formal and just manner. And if necessary, with a renewed, and fresh argument, like today, in this court, reflecting the Mandate of a newly appointed Federal Justice Minister.

Surely, this is the only way justice can be democratically administered.
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(4)
ARGUMENT

  1. Claimant argues it should be noted the original Notice of Claim, filed on or about March 02, 2010, in the Courtenay, BC, registry, is in compliance with the rules as set out in the Small Claims Rules. In addition to Rule I (2) (b) I refer the Court to:
  2. COURT JURISDICTION AND PROCEEDINGS TRANSFER ACT
Part 2 — Territorial Competence of Courts of British Columbia
"territorial competence" means the aspects of a court's jurisdiction that depend on a connection between
(a) the territory or legal system of the state in which the court is established, and
(b) a party to a proceeding in the court or the facts on which the proceeding is based.

 A court has territorial competence in a proceeding that is brought against a person only if:
(e) there is a real and substantial connection between British Columbia and the facts on which the proceeding against that person is based.


Real and substantial connection
10  Without limiting the right of the plaintiff to prove other circumstances that constitute a real and substantial connection between British Columbia and the facts on which a proceeding is based, a real and substantial connection between British Columbia and those facts is presumed to exist if the proceeding:
(e) concerns contractual obligations, and
(i)   the contractual obligations, to a substantial extent, were to be performed in British Columbia,
(ii)   by its express terms, the contract is governed by the law of British Columbia, or
(iii)   the contract
(A)  is for the purchase of property, services or both, for use other than in the course of the purchaser's trade or profession, and

(5)

(B)  resulted from a solicitation of business in British Columbia by
or on behalf of the seller, “

Claimant has ample proof on each of the above allowances:
Regarding: Real and Substantial Connection; (10) (e); 10 (i) ;10 (ii)

- (10) (e ) On April 14, 2008, a lengthy, itemized, online Statement of Work was signed by the CEO Web-Developer from Ottawa. It indicated Phasal Completions and payments thereof; NO outside purchases or specific duties by the Claimant Client were indicated; a Completion date of July 11, 2008, as well as a final para stating both parties where legally bound by the contract.

- 10 (i) Based on some 1022 email exchanges between Claimant and Website Project Manager within a 6 month time-lapse, Claimant has ample proof of almost daily exchanges, as well as his sole efforts in contributing multiple English texts to be inserted in to the website. This the more applicable, since the appointed Project Manager was French Canadian, adding to much un-intentional linguistic miscommunication.  I argue French = NOT English!

-10 (ii) All monies paid the web-developer were paid online, coming out of the BC Company’s RBC, Courtenay account.

-10 (iii) (A) was for the purpose of both ‘property’ (a website) and ‘services’ (with intentions of ongoing maintenance by developer).

- 10 (iii) (B) proof of same, expressed by tel. calls as well as supported by emails.
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“Discretion as to the exercise of territorial competence

11  (1) After considering the interests of the parties to a proceeding and the ends of justice, a court may decline to exercise its territorial competence in the proceeding on the ground that a court of another state is a more appropriate forum in which to hear the proceeding”

Should “after considering the interests of the parties,” this court, in its wisdom and discretion, argue BC was not the forum convenience, Claimant would like to bring Ontario’s Default Rule for filing a claim to the Court’s attention:

 

(6)

 Ontario’s Rules of Civil Procedure…

(The following being the Default Rule for filing a Claim)


“Place of Filing
 (2)  The following requirements govern the place of filing of documents in proceedings, unless the documents are filed in the course of a hearing or these rules provide otherwise:

1.    All documents required to be filed in a proceeding shall be filed in the court office in which the proceeding was commenced,”

Applying the above default Rule for filing, Claimant argues, had he filed in Ontario, the honourable Judge would have been correct for dismissing the claim, since the claim originated in BC, and Ontario was not the Claimant’s domicile province, nor the Forum Convenience; certainly not for an elderly claimant living on a basic pension, against a prosperous web-developer.

I additionally bring my 2 samples Case Law (Exhibit ‘F’ and ’G’), to your attention.  Here your very office took on a recalcitrant US student for failing to pay back the loans he had received from our government! Suffice to say you were in your right, easily winning the case, and demanding the American pay back our government his borrowed monies.

Both samples deal with Contractual issues in 2 Jurisdictions; one in BC; one in NY. If indeed Case Law stands for Justice, they speak for themselves.

CONCLUSIONS


There are then several avenues of argument on which to base the claim’s jurisdictional filing validity:

1)   Was BC the valid Jurisdiction to hear the Claim? Based on Case Law: Two examples prove to the affirmative (one being your very office of The Attorney General as Plaintiff)!

2) Should there be no Case Law on which to effectively argue or verify the filing, the Claim must be assessed on its prima facie factors. In doing so, upon scrutiny it will be validated to fully adhere to the 1 (2) (b) ‘OR’ Rule.

 


(7)
DENOUEMENT

Rules create understanding and order. A Red Traffic light is clear to its oncoming traffic. STOP, or when caught, you will be reprimanded and liable for costs, if not go to jail. The clarity of RED is a universal Rule. It speaks for itself. There should be NO room for argument. Websites as well, are Global!

For failing to abide by the rules, rules your very own Ministry had a hand in writing, accepting, then putting in to place, your hired and Honourable Judge, in retrospect, with her erroneous judgment, allowed a law abiding citizen to be unfairly misappropriated. Based on a questionable technicality, the judge may have erred again, by allowing the Claimant to Appeal her decision.

The argument there lies between what is a Hearing and when a Hearing is called a Trial?  It is my understanding that all Court proceedings in Small Claims Court are titled: ‘Hearings’; that a Hearing is synonymous with Trial.   

By ultimately forcing this Claimant to file in an extra-provincial Jurisdiction, Judge Saunders inadvertently sent him into a 5 year no man’s land of toil and trouble, the likes he has yet to recover from. His faired no better; WHY?

Experience has taught me our courts look upon SRLs with disdain. Our apparent invasion seems to be threatening the very fibre of your system. “The courts are not about Justice, Jan,” a US lawyer once informed me. I have since gleaned its awkward, hollow, truly disturbing reality.

The question than is ‘Is Justice REAL any longer?’ Like global warming, we need to bring climate change down to the very fibre of our being, or we are surely doomed. All is suggesting mankind can no longer continue to live a lie!


Admittance takes character and balls. Any beginning is a challenge. But once the balls roll there is no stopping, and an era of hope, by truth, will set in; our newly elected government may become a prime example.

In particular our very own BC’s native born Federal Minister of Justice, the Honourable Madam Justice Jody Wilson-Raybould, whose Letter of Mandate by our Prime Minister Trudeau clearly lays out how law, through fairness, due diligence, and procedure, must be JUST, not to a few, but to all our citizens.

(8)



“As Minister, you must ensure that you are aware of and fully compliant with the Conflict of Interest Act and Treasury Board policies and guidelines.  You will be provided with a copy of Open and Accountable Government to assist you as you undertake your responsibilities.  I ask that you carefully read it and ensure that your staff does so as well.  I draw your attention in particular to the Ethical Guidelines set out in Annex A of that document, which apply to you and your staff.  As noted in the Guidelines, you must uphold the highest standards of honesty and impartiality, and both the performance of your official duties and the arrangement of your private affairs should bear the closest public scrutiny.  This is an obligation that is not fully discharged by simply acting within the law.  Please also review the areas of Open and Accountable Government that we have expanded or strengthened, including the guidance on non-partisan use of departmental communications resources and the new code of conduct for exempt staff.”

This Claimant is looking forward to seeing fairness and justice applied by a re-invigorated “Open and Accountable Government.”

Withholding it would send an ominous sign to both our newly elected government, as well to the fate of democracy.

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ADDENDUM: Aware this court may seek to find a technicality to dismiss my claim, I am at least aware of below, with the clear understanding I am well within its time-frame, arguing I was guided by both BC Judges, Justice Saunders and Dardi, to take my issues to Ontario.
Those ‘issues’ were terminated a year ago.
New Limitation Act in force June 1, 2013
On June 1, 2013, the new Limitation Act, SBC 2012, c. 13 (formerly Bill 34) comes into force. The new Act simplifies the time limits for filing civil lawsuits. It replaces the current two, six and 10-year limitation periods for civil claims with a two-year-from-discovery basic limitation period and the current 30-year ultimate limitation period with a 15-year-from-occurrence limitation period (with some exceptions).
 Steen v. 3902641 Canada Inc.    (Master MacLeod)
 Steen v. 3902641 Can Inc.   (January 20, 2015; Judge J. Hackland)





    



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