74. WHAT is going on?

VIEWS @ 5967

Today, December 23, 2013, it has been 4 days since a Canada XPRESSPOST envelope, containing a $380.00 money order was delivered to the house address of a transcriber.

Paying extra (some additional $17.00) to make certain, with official Tracking allowance of the envelope, it is guaranteed delivery status (with a $100 insurance in case of loss). Although we have PO proof of delivery, an email request for verification has yet to be acknowledged by the transcriber.

Experience continues to indicate that every step in my procedural process (call it my 'due process'), if not showing questionable gaps of 'legality,' at least lacks professional ethics.

While the Rules - on paper - are down to distinguishing a fine-line paradigm between "'relevance' to the issues at hand," rather than the 'semblance' of relevance...,"the 'business of law'," i.e the 'commerce' of law, while infinitely entwined with the process itself, seems to allow for no end of acceptable disparities.

Compare BC's Business sector of transcribers 'environment' to Ottawa's. In my jurisdiction, if you request a transcript from any Court sessions you have been a party to, the court will refer you to the 'Offices of their Transcribers' which is a private business contracted by the government. The Vancouver Island offices are located in Nanaimo. Upon contacting the office, you are asked basic particulars of the session Hearing; verification for ordering consist of your Name, Address, Phone number, and your Email address. No need for FAXING signed requests.

After its Admin obtains the electronic Court Reporter's recording, it assesses costs and advices you of same. Upon completion, you are notified, and after payment using a variety of methods, you are sent a PDF version of the ordered transcript, and can/ may pick up a hard copy, or have it sent to you.
Doing the procedure several times, each transaction was completed with several weeks. It is a well-run business!

In our capital's Superior Court my experience continues to be worrisome. At Court level I was dealing with a variety of individuals. After doing quite well with the initial contact from 'Records Management' Department, matters turned strange, before I was eventually corresponding with the Supervisor of Court Operations Department.

I was again asked to identify the hearings/ case conference/ motion sessions I requested a transcript for. I indicated the sessions' dates, parties involved, and official presiding. After being informed certain sessions have not been recorded, I order 2 that are of particular interest to me. I fill out and return an official Request Form. I am then given the names of the 2 court reporter/ transcribers; the second transcriber not being the original reporter; reason given is that reporter is "too busy."

Payment I am informed will be "cash, money order, or certified cheque." It is explained reporters work out of their homes. I suggest 'Cash' will be awkward (I live in BC), I suggest a number of alternatives: Bank 2 Bank; email transaction; PayPal.

The following is an exchange at October 22, 2013.

First Transcriber writes: 

"I can look into PayPal option that sounds like the best way. I'll let you know when I have it set up." 

On November 4, 2013, I ask: 

" I would much appreciate receiving an update about how the December 06, 2012, requested transcript of the Master Roger presiding Motion of Case #10-49776 is coming along."

On November 5, 2013, transcriber answers:

"The transcript is being reviewed for release, I will be in touch later today to pass along payment details, as well as to collect details about sending the transcript.  The cost of mailing the transcript will also be added to the total cost of the transcript."

Same day I ask: "Who is reviewing it before release?" 

Transcriber responds: "I am reviewing it for release."

"The master will review his decision and sign of on the release of that portion prior to its release."

Although PayPal is initially acceptable to this transcriber (and I never refused to pay by money order, or certified cheque), for about a month all email communication abruptly ceases, regardless my various attempts questioning what is transpiring, even to the Attorney General's office.

Eventually, on December 2, 2013, I receive an email explanation from a Client Services Officer, Court Services Division, saying: "Thank you for your email dated November 25, 2013, addressed to the Ministry of the Attorney General regarding the status of your request for two transcripts.

Court reporters may request a deposit prior to commencing work on transcripts and may require full payment prior to releasing completed transcripts. I understand that the court reporters are waiting for a deposit and/or payment from you. To make arrangements for payment please contact ..." (Name of Reporters etc.)

Though it all seems to make little sense, since that email, I have again been communicating with both transcribers. The second transcriber demanding a $200.00 "Deposit." I sent a registered money order. It arrives, PO verified. I receive no acknowledgment. After asking the Supervisor to please have it verified, I receive the transcriber's email. Thank you, and completion would be sometime in January, 2014.

However, a $380.00 (part payment) Money Order sent the first Transcriber by Express Post and verified delivered on December 19th, has yet to be acknowledged! Several emails requesting an update about both the transcript and remaining costs, go unanswered.

With over $600 paid, and nothing to show for it,  I am now at the end of month three of the initial requests for the 2 transcripts.

WHAT IS GOING ON HERE?