13. Superior Court Case #10-49776 - An Overview!

With clear and final understanding, the Contract serves as written proof of fact between the parties. 'The Statement of Work' is an on-line Contract for a Web-developer and its Client. Above the signatories, it states to be legally binding. In case a party upon the contract's due-date completion decides a number of its factors have not been complied with, that party may file a claim, challenging the other party in Court. During the due diligent process of the Court's set procedures, according to the Rules of Civil Procedure, the validity of the claim shall be determined. 

Created by the very most senior appointed Court Officials, these Rules are set in stone. They leave little room for subjectivity. In 2010 the Rules were further 'tightened.' A greater specificity towards succinctness was applied. During the process of Discovery, the former "semblance of relevance" was shortened to "Relevance." The phrase "relating to any matter in issue" became: "relevant to any matter in issue."

It can be appreciated by this Claimant whose original Claim for contractual non-compliance was filed in a British Columbia court, 'the best Defense is a good offense.' After consultation with Counsel, for self-interest, it may well be decided to evade the facts, since scrutiny may not favour that route. (i.e. argue the facts as implemented by contract). By rendering persuasive rhetoric with the aid of available, effective ploys, such as Motions to dismiss, using hints the Respondent Claimant is half dead old, recalcitrant, irrational, vexatious, lives in a distant province, on an Island to boot, with a frivolous claim at issue. An over-worked Court Official, together with jurisprudence and the Jurisdictional physical Presence of Defense, may, in time, begin to show certain leniencies (i.e. advantages). 

So finds this Jurisdictional distant Respondent/ Claimant has become the case. Matters at issue, i.e. the original claim, after some 2 years, have yet to be addressed. And, AYE, there lies the rub. Defense has cleverly managed to avoid the issues at hand; what, under the Rules should be relevant, and addressed, as 'product liability' (or claimed lack thereof), by clever Defense slight of chess, in the presence and full view and acceptance of the Court, is the continued rhetoric of IR-relevance! Much court time has been taken up, with no adherence to the Rules in sight. 

I have come to the conclusion legal procedure is not about justice. It is about best using the tools of persuasion and amenities to gain the upper hand. Statistics state that only 5% of all claims manage to Trial. Continued abidance by the Master's orders, would show flagrant disrespect, by knowingly obstructing the implementation of the Rules as set out in the Rules of Civil Procedure. 

The latest 'Long Motion' with new Counsel in tow, requests continued answers of IR-relevance (in this Respondent's view). New questions were added. "In the circumstances," all were ordered relevant by the Master. The respondent has not had the "In the circumstances" explained, as yet. The Master's Endorsement sets out grave conditions for the Respondent. Non-compliance could lead to a case dismissal. With this, in fact, Defense would have at long last achieved their objective. Although this is clearly clever Defense, it does not reflect well on our Courts of Justice, as I see it. 

The Judicial Oath of Office states: 

                      "I, ______________, swear that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second in the office of ______________, and will do right to all manner of people, after the laws and usages of this province, without fear or favour, affection or ill-will; so help me God.".

Thus I have concluded I can no longer comply with what I have decided to be a blatant obstruction of both Oath and Rules. As such, with a clear conscience and sheer attrition acknowledged, I am prepared to surrender this chapter. In the War of legal chess, I will proceed with my next move: 

The application for a Judicial Revue.

HOWEVER, I must proceed cautiously. I encourage readers to comment; good or bad, it makes it less lonely at the Bottom :)