• TURMEL: Crown Appeals dismissal of motion to strike Igor Mozajko claim

    From John KingofthePaupers Turmel@1:229/2 to All on Sun Oct 21 10:12:57 2018
    From: johnturmel@gmail.com

    TURMEL: Crown Appeals dismissal of motion to strike Igor Mozajko claim

    JCT: On Oct 2 2018, Justice Brown ruled in Igor Mozajko v.
    HMQ T-92-18:
    ORDER

    UPON MOTION by the Defendant in writing pursuant to 369 of
    the Federal Courts Rules, for an order striking the
    Statement of Claim in this matter, without leave to amend,
    together with costs, and upon reading the pleadings and
    proceedings herein including the Notice of Motion and
    supporting material, no responding material having been
    filed by the Plaintiff,

    AND UPON reviewing the Statement of Claim and noting that in
    material respects it advances the same allegations raised in
    Harris v. HMTQ T-92-18 which action this same Defendant
    moved to strike, which motion was dismissed in part by my
    order of July 20 2018;

    AND UPON noting that the Plaintiff in this action
    specifically alleges that back-dating the start of the
    period of authorization to the date when the doctor signed
    the authorizations, instead of dating the authorisation to
    commence upon issuance of the authorization, constitutes a
    violation of the Plaintiff's rights under S.7 of the
    Charter, Part I of the Constitution Act, 1982,being Schedule
    B of the Canada Act 1982 (UK) 1982,c11, which allegation was
    struck without leave to amend from the Harris Action by my
    order of July 20 2018

    JCT: Over 250 people have filed the
    http://johnturmel.com/insdel.pdf Statement of Claim for
    damages due to inexcusable delay over the 1 month it used to
    take to process a permit under the MMAR for damages for lost
    rent while waiting and lost herb you could have grown! Jeff
    Harris named Lead Plaintiff. Jeff is suing for the value of
    the 5 months over the month it used to take.

    Igor's snafu is worse. It was in the era before Mar 2 2018
    when the term started when the doctor signed! His only
    signed for a 6-month trial and the 6-months from the date
    the doctor signed expired before they issued his permit.
    Consider they suggested he file his renewal 6-8 weeks before
    expiry, imagine his angst not getting his permit at all.

    So he went back to the doctor, submitted a new application
    and after 4 more months of waiting, he used a Turmel kit and
    Motion to ask the judge for his permit while waiting for it
    to be registered. They got him his motion in time to avoid
    the hearing to explain it all to the judge.

    For some reason, they filed a motion to strike his statement
    of claim apart from the motion to strike the Lead
    Plaintiff's Claim for the whole group! And they lost
    striking the whole thing for Harris and the group of which
    Igor is included, so should they win it here?

    Judge Brown's final ruling:

    AND UPON concluding that for the reasons given in the Harris
    Action, the Defendant's motion similarly should be dismissed
    with the exception that the Plaintiff's allegations
    concerning back-dating should be struck, the whole without
    costs.

    JCT: So the claim for restitution is struck like for Harris
    but the big claim for damages due to delay is not struck
    like for Harris goes on seeking cash.

    THEREFORE THIS COURT ORDERS that
    1. The motion to strike the Statement of Claim is dismissed
    in part.
    2. Paragraphs 1. 1) B1) and B2), 8 and 10, B1) and B2 are
    struck without leave to amend
    3. There is no order as to costs.
    Henry S. Brown

    JCT: "Motion requesting costs is dismissed" would have been
    better.

    But Jeff appealed against not ordering Health Canada to
    restitute the ripped-off time. And so after failing to file
    a Statement of Defence to the damages claim the judge would
    not strike, they now filed a cross-appeal against the judge
    not striking the damages claims. (Including Igor's)

    JCT: So he adopted reasons from his own decision again!

    But because Wendy now had a decision on her motion from
    Judge Brown about Igor, and Igor did not appeal against not
    getting restitution of his 9 months of time (he's in with
    Jeff) like Jeff did and the only way for the Crown to get
    Igor back on an equal footing with Jeff was to file an
    appeal against Brown J. not dismissing Igor's action in toto
    like he did not dismiss Jeff's action in toto. They'll
    probably be consolidated together.

    But since they cross-appealed because Jeff appealed, now
    that they have opened an appeal, Igor can now file a cross-
    appeal for the restitution! Har har har har har har. Tit for
    tat.

    I only found it neat that they particularly did not want
    Igor's story in the tale. In the era when they were back-
    dating to rip off patents which they announced that they had
    stopped doing, they let Igor's doctor's prescription expire!
    And then made him wait another 4 months before being prodded
    in the courts.

    So we'll get Igor's tat filed this week.

    Their cross-appeal against "not striking the claims" with
    Jeff's appeal for "restitution of time ripped off" is now
    matched by Igor's cross-appeal for restitution with the
    Crown's appeal against "not striking."
    Not striking is appealed in one and cross-appealed in the
    other and no restitution is appealed in one and cross-
    appealed in another.

    Wendy will probably move to consolidate the two appeals
    since the judge has pointed out their congruence.

    --- SoupGate-Win32 v1.05
    * Origin: www.darkrealms.ca (1:229/2)