57. WRITTEN SUBMISSIONS BY THE APPELLANT

I am by Nature a highly active individual. This ordeal has kept me seat-borne, as if in a straight-jacket, for over 5 years (if you start counting when the ordeal with the site first began). NOT to be confused with the present appeal, I am going to copy the text from the 2010 BC Appeal, which was in fact never heard! Oh for the incredible waste of time and energy.... Here goes:
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A. Nature of the Appeal  

1. The Appellant Evert Jan Steen hereby applies for an order to overturn the dismissal of his claim as ordered by Madame Justice Justine Saunders, and order the claim be given its due hearing.

B. Basis for the Appeal

The Appellant respectfully refers the Court of Appeal to the following Small Claims Rules:

Rule 1 - Making a Claim

1) Rule 1 (2) A claimant must file a notice of claim and pay the required fee at the Small Claims Registry nearest to where:
(i) "the defendant lives or carries on business, or "
(ii) "the transaction or event that resulted in the claim took place."

2) Rule 18 - Other Rules about Service...
(6) (b) Service of a Notice of claim outside British Columbia

"the transaction or event that resulted in the claim took place in British Columbia"

3) The Court Jurisdiction and Proceedings Transfer Act (section 3) states:

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

4) Pursuant to section 10 of the Act:

...(a) without limiting the right of the Plaintiff to prove other circumstances that constitute a real and substantial connection between British Columbia and 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...

(iii) the contract
A. is for the purchase of.... Services, for use other than in the course of the purchaser's trade or profession, and ...
B. resulted from solicitation of business in British Columbia by or on behalf of the seller.
...(f) - concerns a business carried on in British Columbia.  

[made bold for emphasis]
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NOTE: Then take the following Rule for filing in Ontario. It clearly shows the Default rule reversed from British Columbia. Still, also note the 'OR', allowances in both Provinces.
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RULE 6 FORUM AND JURISDICTION

Place of commencement and Trial 

6.01 (1) An action shall be commenced,

(a) in the territorial division,
(i) in which the cause of action arose, or
(ii) in which the defendant or, etc... carries on business; or

(2) An action shall be tried in the place where it is commenced, but if the court is satisfied that the balance of convenience substantially favours holding the trial in at another place than those described in subrule (1) etc...
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NOTE: The above, when related to the Post 56 Court Officer's Code of Ethics, would suggest to this Blogger, that it seems clear that the Rules of Justice, as applied, lie in the eyes of the beholder.
And as I have mentioned before, had I filed in Ontario, the judge may well have referred me to the Default rule, asking me why I did not file in BC, then dismissing the claim based on "Lack of Jurisdiction."

What is real anymore? Am I crazy?.... This too will pass...