TURMEL: Crown Appeals dismissal of motion to strike Igor Mozajko claim
JCT: On Oct 2 2018, Justice Brown ruled in Igor Mozajko v.
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
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
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
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
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.