FOR THE RECORD
To Masters Pierre Roger and Calum MacLeod:
Gentlemen:
I contact you today, since you are both in the driver's seat, while I, a Self-Representing Elder Citizen, am domiciled in a distant jurisdiction called British Columbia.
As early as June 2011, I made efforts to seek your department's assistance. They were stifled by then defense Counsel Roy MacHaalani, stating "Case Management is archaic, my client does not want it." Ironies abound In hindsight!
While I feverishly held on to my interpretations of the 'Rules of Civil Procedure,' you allowed Defense incessant discovery undertakings, punishing me for costs, and ultimate dismissal of my claim.
My appeal procedures have hit a glitch. My request for transcripts, although acknowledged, and proceeded with by its transcribers, have not been forthcoming. I understand, upon completion, they are presented for your stamp of approval. I also understand, you may verify, but not adjust.
For the record, I note that I have ordered (but continue to await receipt thereof), the December 06, 2012, transcript of the lengthy session with Master Roger.
As well as the September 20, 2013, 'Special Appointment' with Master MacLeod, and Counsel Kirk.
I was looking to order a third transcript - the May 08, 2013, 'session.'
Filed on March 25, 2013, as a: 'Requisition to Schedule Appearance Long Motion Dates'
- Equipped with Counsel Joseph Griffiths this time, I was informed the May 08 'session' would be a Case Conference to "fix a Motion Date."
- On May 06, I was informed by Counsel Griffiths, Miss. Jill Alexander of BLG has been retained
- On May 10, I was informed by Counsel Griffiths, the 'Case Conference' was in fact a full blown motion, with new orders!
- Outstanding undertakings shall be provided, and Plaintiff shall answer them, or defendant "may seek to stay or dismiss the action."
- Mr. Griffiths, I discovered, in fact, added a number of relevant questions of his own: What my diploma was from Theatre School; what jobs I had as a handyman.
All case, and contractual non-compliance claim "relevant in the circumstances."
- I also gleaned later, the May 08, Motion, was a Counsel 'call-in-affair.' And although I am informed all Motions are recorded, this one was NOT!
For this Appellant to seek out additional efforts by "raising the incompetence or ineffective assistance of counsel" (as below) would only be to add to the misery of the matters presently at hand.
_______________________________>
Superior Court of Justice Protocol – Allegations of Incompetence
- 1.Before raising the incompetence or ineffective assistance of counsel, or that counsel otherwise contributed to a miscarriage of justice, appellate counsel has an obligation to satisfy themselves as soon as possible, by personal inquiry or investigation, that there is some factual foundation for the allegation, apart from the instructions of the appellant____________________________________________>
It is my understanding of deadline dates for filing appeal docs, that - without transcripts, it is 30 days after filing Notice of appeal. That would suggest today.
However, I have requested 2 transcripts, including the October 29, 2013, dated, Certificate of Ordering a Transcript for Appeal of the September 20, 'Special Appointment' with Master MacLeod.
In closing, gentlemen, although I do not yet know the details of your intent, the silence from the transcript department is deafening.
Surely you are not jeopardizing my efforts to appeal.
If I am wrong, why the silence, and when may I expect the delivery of the 2 transcripts ordered, so I may continue my due process?
As always, sincerely,
Jan Steen
_______________________________________________________>
1:45
Motions and Express Motions – tips
from a Master
Master Calum Macleod
Superior Court of Justice, East Region, Province of Ontario
• Planning and strategizing the motion
• Necessary preparations
• What to consider in formulating your arguments
• Oral presentation and advocacy in motions
• Express motions – what you need to do differently
- meeting the 5-minute rule and getting your point across
• Ethics and professional practice issues for motions
- undertakings and answers to undertakings
- Withdrawing from the record
- Confidentiality and privilege
• Special issues and special motions
2:45
networking Refreshment Break
• Timing and content of expert witness reports
- Rule 53.03
- The earlier the better
- Expert witness reports and settlement
• “Hot-tubbing” of expert witnesses
• Ethical and professional issues related to witnesses
and expert testimony
4:00
Mastering Written Advocacy
Barry leon
Partner
Perley-Robertson, Hill & McDougall LLP
Written advocacy is increasingly important in all forms
and at all stages of dispute resolution. There are several
key aspects to effective written advocacy – understanding
them will make your written advocacy more persuasive
and compelling. This session will focus on how you can
improve your written advocacy in every document you
prepare.
• The most common legal drafting errors and how to
avoid them
• Key factors to consider
In a decision issued June 6th, Master MacLeod of the Ontario Superior Court of Justice asked whether particulars should be more readily ordered under the Ontario rules given the relationship between pleading, discovery and expense. He concluded:
All of this is to say that the requirement of particulars for the purpose of pleading should not be construed too narrowly. A request for particulars should be upheld if it appears that it will result in a more focused and intelligent pleading and it should be refused if it simply adds another unnecessary step or delays the progress of the action.
Master MacLeod is on Sedona Canada and clearly cares to encourage efficient litigation. He has demonstrated a unique willingness to take a detailed look at how parties have conducted a step in a proceeding (as opposed the steps taken) and hold them to account: see e.g., L’Abbé v Allen-Vanguard.
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