149. Under THE circumstances; WHOSE circumstances?

VIEWS@10664

Since a recent explanation has shed a certain light on what the Master 'meant', there's more depth to discover here. I just failed to 'get it'.  We accept the fact that legalese jargon can baffle even an intelligent SRL, even if it appears to be a simple phrase. So let's have a closer look at:
"Under (or in) the circumstances."
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 circumstance |ˈsərkəmˌstans, -stəns|
noun1 (usu. circumstances) a fact or condition connected with or relevant to an event or action: we wanted to marry but circumstances didn't permit.• an event or fact that causes or helps to cause something to happen, typically something undesirable: he was found dead but there were no suspicious circumstances |they were thrown together by circumstance.2 one's state of financial or material welfare: the artists are living in reduced circumstances.PHRASESunder no circumstances never, whatever the situation is or might be: under no circumstances may the child be identified.under (or in) the circumstances given the difficult nature of the situation: given the difficult nature of the situation: she had every right to be angry under the circumstances.
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- a fact or condition connected with or relevant to an event or action

MY CIRCUMSTANCES

Based on the above, let's take a look at MY circumstances. 
Well, they have been steadily piling up over these many years. 

My FIRST circumstance was the BC Judge dismissing my claim based on "Lack of Jurisdiction." 
- When I questioned the Honourable Judge, pointing her at the 'OR' clause for filing in BC, stating I fully complied to its factors, I was cut off with: "I have made my decision." *
- When I asked if there was anything else I could do, the Judge stated: 
"You may Appeal my decision' if you so chose." *

 For the readers' information, I have ample proof the Judge erred on both counts.  
 First Count:
1) Check 2005 BCSC 720 (CanLII)'s  SUPREME COURT OF BRITISH COLUMBIA case: 
Ingenium Technologies Corporation v. McGraw-Hill Companies, Inc., (New York)
Conclusion 
[110] In summary:
1, This court has jurisdiction over the proceedings;
2. British Columbia is the forum conveniens.

[111] In the result, Ingenium's application is granted. [....] Ingenium is entitled to its costs.

Second Count:
Soon after I had filed my Appeal (in BC'S SUPREME COURT) I received an 'Application to a Judge' from Defence Counsel. It stated: "One may file for an Appeal after a Trial, not after a Hearing. 
Since we had a Hearing, there can not be an Appeal." (some of you will have read this in a previous post)   No matter how I argued it, I could not overcome this 'technicality. '
NOTE: THE RULE OVERRULED THE JUDGE'S ALLOWANCE!
   
There you go then. My 'circumstances' soon saw me realizing that our small town court environment wasn't going to get me anywhere; that filing in the Capitol of our Country 'should' give me a fairer kick at the judicial can! So, that's what I did. As you know, my 'circumstances' grew steadily worse, with my nightmare expanding and continuing.

As a Plaintiff, one sets out as the initiator of matters by filing a claim; like playing chess, white has the first move. Defence follows suit. Well, with every step I took, my 'circumstances' grew worse. Defence with Ottawa Counsel in tow, acknowledged, but then ignored delivery of my Written Questions for Discovery, by filing their Motion heard several months hence to force me to adopt the long form Discovery Plan, or dismiss my "frivolous case." (This after offering to settle out of court for $30,000)  To sum up, at some stage, likely when the Claim Insurance had fulfilled its duty, when both parties where self-representing, we were ordered in to Case Management.
========================================================The above is an entry I wrote, as a draft,  several days ago. Considering its length and possibly the readers' span of attention, I enter it now - as is!  More tomorrow or the next day! In the meantime, Merry tidings of Christian gobbledygook to you! 

HEY! I am a caring individual! I put up with NO SHIT! I am NOT PERFECT, but I CARE about the state of the world and our invasive species thinking we are 'king of the castle'!.  
Mother GAIA is showing us otherwise...