Definition: argument
noun1 an exchange of diverging or opposite views, typically a heated or angry one: I've had an argument with my father | heated arguments over public spending | there was some argument about the decision.2 a reason or set of reasons given with the aim of persuading others that an action or idea is right or wrong: there is a strong argument for submitting a formal appeal | [ with clause ] : he rejected the argument that keeping the facility would be costly.________________________________________________________________________________
Right off the bat, there exists clear conflict between the words * 'FACT,' 'LAW' and 'ARGUMENT' Simply put, Facts, as defined by Law, should leave NO room for 'ARGUMENT.' Stated in meaningful words, facts speak for themselves.
A panel of Judges, including the senior Ottawa Master (he confessed during our final Conference of September 20, 2013) adjusted, in 2010, certain texts that could - in any way - allow room for argument, or interpretation.
* "WORD" (a single, distinct, meaningful element of speech or writing, often used with others to form a sentence.)
Again I quote: DISCOVERY
The reforms to the discovery rules include:
"1. Scope of Discovery
The scope of discovery has been narrowed in the new civil rules. The "semblance of relevance" test has been replaced with a stricter test of "relevance". The phrase "relating to any matter in issue" has been changed to "relevant to any matter in issue" (see rules 30, 31 and 76).
This reform provides a clear signal to the bar that restraint should be exercised in the discovery process. It strengthens the objective that discovery be conducted with due regard to cost and efficiency. The effects of this reform will be felt by those who abuse the discovery process or engage in areas of inquiry that could not reasonably be considered necessary."
(BOLDened by Blogger)
sem·blance
noun
- the outward appearance or apparent form of something, especially when the reality is different."she tried to force her thoughts back into some semblance of order"
By presenting the relevant facts, in my Case the Written Contract containing meaningful words, stating clear and timely obligations with attached signatures indicating thereto to be legally bound, with requirements for adherence. No need for any 'Argument' therein.
Instead, if the appointed Appellate Judge allows me, I am now forced to ARGUE Why? I refused to continue answering, to me, irrelevant questions after some 2 years of Discovery. (see above para)
Additionally, I will be ARGUING Why and Where, in my opinion, the court officials failed to adhere to the very Rules of Law and procedure they were there to uphold, after swearing their oath of allegiance, to both conduct and office.
By fact, the relevant issues and factors of the case never came even close to being dealt with. Clever Defense ARGUMENTS filed in a variety of MOTIONS and Affidavits became the guiding beacons driving the case steadily away from the original Claim. _______________________________________________________________________________
fact
fakt/
noun
- a thing that is indisputably the case."she lacks political experience—a fact that becomes clear when she appears in public"
- used in discussing the significance of something that is the case.noun: the fact that"the real problem facing them is the fact that their funds are being cut"
- a piece of information used as evidence or as part of a report or news article.
law
lô/
noun
- the system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties."they were taken to court for breaking the law"
- an individual rule as part of a system of law.plural noun: laws
Master Legal Definition:
In Attorney General for Ontario v. Victoria Medical Building Ltd., Justice Judson of Canada's Supreme Court wrote:
"While it is true that the Master's jurisdiction is very varied in character, it is, I think, largely concerned with preliminary matters and proceedings in an action, necessary to enable the case to be heard, and with matters that are referred to that office under a judge's order. There is no inherent jurisdiction in the office as there is in the office of a Superior Court judge...."(E)verything the Master does must be authorized by the rules of practice, the judicature act or some other statute. This does not mean, however, that the Legislature can assign any and all work to him. Section 96 operates as a limiting factor. If this were not so, there would be nothing to prevent the withdrawal of any judicial function from a s.96 appointee and its assignment to the Master."
Generally, although there are exceptions, masters do not hear oral evidence. It is of the nature of the matters presented before a master that the evidence is in affidavit form.
In Polson, Justice Harvey distinguished a master from a judge per se, the latter term generally reserved for superior-level judges appointed by the federal government:
"The Master has no jurisdiction in trials or in appeals and all of his acts are subject to review by a judge. His office is essentially that of an officer preparing litigation for its legitimate purpose, viz. a trial of the rights of the parties which is exclusively reserved for the judges to whom it essentially belongs. His duties, therefore, while largely judicial in their character, do not constitute him a judge since from them are reserved the essential duties of a judge."
The hierarchy between a master and a federally-appointed judge of the court is apparent in the following restrictions:
- A master cannot vary or set aside a judge's order;
- A master cannot determine damages in a contract * or tort action; and
- A master cannot make a final determination on a family matter or, in any event, make a divorce order.
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This is new to me: So "HMMM" I muse, having been penalized some $2,100; maybe 'costs' determined to pay for a Defendant's Motion is a technical difference.
My Argument will bring to light the legal irregularities, as I feel have been tolerated, without the semblance of adherence to abiding with the Rules and Regulations, notwithstanding their clear and detailed representation.
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