72. YOU ARE CAUSING YOURSELF HARM.

VIEWS @ 5791

"I am reading your blog and you are causing yourself harm - you ought not to confess your doubts and frustrations in a blog that is being read by the opposing party and probably being laughed at."

Out of appreciation, consideration, and respect

Dear 'Name Withheld':

Harm was done years ago by contractors who did not honour their contract; then again by those who run our legal system.   When officers, in charge of the court failed to adhere to the Improved 2010 Rules of Civil Procedure.

Those rules were changed to make the system more efficient, by cutting out factors that could in anyway be considered irrelevant or frivolous. Factors the defense in fact accused me of - for filing a 'frivolous' claim - after offering to settle for $30,000 out of court; frivolous indeed! .... Reality at its worst  and weird!

"The semblance of relevance to any matter" was changed to "the relevance to any matter." Forced by a British Columbia judge's dismissal, based on 'Lack of Jurisdiction,' this self-representing litigant was then obliged to file his claim in a Forum Non Convenience - the Superior Court of Ottawa. To date he has been subjected to a number of serious irregularities and has paid dearly for it, both in time and money! As a disparate, long-distance Citizen, with the lack of amenities available to him, the Defendants managed to take advantage of their 'Forum Convenience' jurisdiction. 

In this age of High-Tech, it has become abundantly clear to this elderly appellant, this country - my country - appears like an undeveloped, third world catch-as-catch-can, free-for-all, winner-take-all, grab-bag of hypocrisy!

I say: Shame on us!

Why did the Masters not take time to assess the validity of the questions? To interpret if, by fact, they were in deed 'relevant' to the issues at hand, i.e. the claim? As early as June 2011 this claimant sought out Case Management participation, looking for fair treatment.

At that time, Defense Counsel had stated: "Case Management is archaic, my client does not want it."

Forced by a Defense Motion to forego Case Management, on September  13, 2011, the Master ordered:

1. THIS COURT ORDERS that the Plaintiff withdraws, without prejudice, any motion to have the action managed by the Case Management office;
2. THIS COURT ORDERS that the parties accept the Discovery Plan attached as Schedule A hereto;
3. THIS COURT ORDERS that the parties agree to attend a mediation no later than by the end of the year 2011 or another time agreed upon by both parties;
4. THIS COURT ORDERS that Costs of the motion to be reserved to the trial judge.

Our representing Counsel for that motion Hearing emailed me, stating the Master had added: "So that you are aware, the Master advised that he was of the view that this is an appropriate candidate for Case Management and, but for the provision in the order dealing with it specifically, he would have ordered it."

Ironies abound, when on January 17, 2012, 'on his own initiative,' the Master Ordered the Case in to Management when Defense was allowed to self-represent. That self-same "archaic" Case Management has since seen fit to dismiss my case. Not on any Claim validity assessment, but purely on the basis of this claimant's ultimate refusal to continue answering the to him most ludicrous and case irrelevant  questions. Questions deemed "Relevant in the circumstances."

Case Management is described on line as follows:

" A. The History of Judicial Case Management in Ontario

The subject of judicial case management has been extensively studied, especially in the United States. It is widely accepted as a key factor in successful delay reduction initiatives and increased justice system efficiency. Although there is no monolithic definition or form for what we mean by the term "judicial case management", successful regimes generally exhibit four main features: early and continuous judicial control over the case; time limits for each step in the process; constant monitoring to ensure compliance; and firm dates for judicial proceedings with strict controls on adjournments." 

If a Case Management Master is not there to explain their motives for reasoning as they do, to self-representing, lay members of the democratic public, where is one to go for answers?

Dear appreciative 'Nameless': I do not mind being vulnerable. I know who I am; I am comfortable in my skin. I have seen life on earth at an early age, and what people do to each other. There is ugliness and injustice.

There is much here that does not sit well. Between the rhetoric of what is meant to be, and what occurred, there are too many gaps, too many unanswered reasonings for allowing this - yet to be heard case - dismissed, and filed as Case Law, on the basis this claimant, after complying with a number of earlier orders, refused to yet again answer - to him highly irrelevant questions - without having been given a sensible reasoning of WHY, HOW, and in WHAT way the questions were related, had relevance, and thus pertinence to the claim, and, as such, served an overall fairness to Defense.

Should the Defendants be laughing at me, I have enough energy to cover their laughter. It is they who must live with their consciences. Their contractual promises overshot their capacity. It cost us $44,000. We have all lost in this futile battle. 

In all fairness to the Masters, I am sure they are hugely challenged, and likely over-burdened. We are all humans, trying to figure it out. Hoping to make some positive contribution, I have decided to confront this. There MUST be a way to manifest the personal and subjective from creeping in to proceedings. 

So, thank you, "Nameless", for sending me your message. 

Please know, I have no fear; I have no problems showing my vulnerability. I am made of flesh and blood. I am not yet a mechanical clone. Although that day looks to be imminently upon us. 

In the meantime, I will take my legal issues as far as I am able, curious to receive the final system's statement - by Appealing to a single Judge.

Be well, and content, within your good fortune during this season, in which there is a special need for caring for those who are less fortunate than ourselves. We KNOW that most humans suffer, and that, as a species, we are running havoc over this, our one and only globe!

This too will pass..... 

"Happy Holidays" to you, and all who are blessed to afford it!