• TURMEL: Judge Brown grants stay of damages claims pending appeals

    From John KingofthePaupers Turmel@1:229/2 to All on Mon Oct 15 15:27:37 2018
    From: johnturmel@gmail.com

    TURMEL: Judge Brown grants stay of damages claims pending appeals

    JCT: Over 250 people of the 15,000 who had their medpot grow
    permits stalled for up to 11 months had filed for damages
    due to the delay and for the back-dating of their permits to
    when the doctor signed rather to when the permit starts.

    Federal Court Judge Brown dismissed the Crown's motion to
    strike the claims for delay though he did strike the claim
    for restitution of the ripped-off time as too trivial.

    Lead Plaintiff Jeff Harris filed an appeal against the
    dismissal of the claim for restitution when losing half the
    term for a permit that cost over $2,000 for a doctor
    appointment isn't that trivial a loss.

    The Crown therefore cross-appealed against his decision not
    to strike the damages from delays claims as frivolous. Then
    they asked that the actions below be stayed until the
    appeals are heard above. So, today, Federal Court Judge
    Brown granted the request to stay the actions below until we
    get back from above.

    Given they offered no reasons, just that they thought the
    claims were frivolous, I don't see the Court of Appeal
    overturning his decision that they didn't provide him with
    any valid reasons to strike.

    But it does give us more time to find more of the 15,000
    patients who were improperly stalled and get them to file
    the Statement of Claim with the other 250 Plaintiffs for a
    tiny $2 filing fee!! The more of the 15,000 who file, the
    greater chance of getting some justice when we get back
    below.

    Date: 20181012
    Docket: T-1379-17
    Ottawa, Ontario, October 12, 2018
    PRESENT: The Honourable Mr. Justice Brown
    BETWEEN:
    ALLAN J HARRIS
    Plaintiff
    and
    HER MAJESTY THE QUEEN
    Defendant
    ORDER

    UPON letter request by the Defendant for an order staying
    this proceeding and holding all actions related to this
    proceeding in abeyance pending the resolution of the
    Plaintiff's appeal to the Federal Court of Appeal from my
    decision of July 20, 2018, and the Defendant's cross-appeal
    from the same;

    AND UPON considering that the Plaintiff claims damages which
    must be assessed in due course should his proceeding not be
    struck, and that the Plaintiffs in the related actions raise
    the same and additional claims for damages which likewise
    must be assessed in due course should the Plaintiff's
    Statement of Claim not be struck, and upon concluding that
    the appropriate time to assess such claims for damage is
    after the determination of the appeal and cross-appeal;

    AND UPON considering a prior request by the Plaintiff that
    the Defendant's Statement of Defence respond to a claim for
    lost expenses raised by Plaintiffs in the other related
    actions currently held in abeyance pursuant to the Court's
    Order of December 11, 2017 in this action, and upon
    considering a more recent request by the Plaintiff that his
    claims be severed from the other related claims to permit
    the assessment of damages not raised by him but claimed by
    Plaintiffs in the other related proceedings;

    AND UPON having concluded that the most just, expeditious
    and least expensive course is to order that no further steps
    be taken by the parties in this action pending the decision
    by the Federal Court of Appeal with respect to the said
    appeal and cross-appeal, and that the Defendant's Statement
    of Claim, if required, shall be filed within 30 days after
    the disposition of the appeal and cross-appeal, and that the
    Plaintiff's action shall remain the lead action and that the
    other claims related thereto remain in abeyance until such
    time as the said appeal and cross-appeal are finally
    determined;

    JCT: Get that. The Crown missed their 30-day deadline to
    file a Statement of Defence. They have no defence to explain
    why Health Canada used to take less than a month to process
    an application but were now taking many months. The claim
    for damages is for the value of the pot and rent expenses
    lost during any time more than the month it used to take.

    THEREFORE THIS COURT ORDERS that:
    1. No further steps shall be taken by the parties in this
    action pending the decision by the Federal Court of Appeal
    on the appeal and cross-appeal of the Court's Order of July
    20, 2018.
    2. The Defendant's Statement of Defence, if required, shall
    be filed within 30 days after the disposition of the said
    appeal and cross-appeal.
    3. The Plaintiff's action shall remain the lead action as
    set out in the Order of December 11, 2017.
    4. The other actions related hereto shall remain in abeyance
    until such time as the said appeal and cross-appeal are
    determined, at which time, depending on the decision of the
    Federal Court of Appeal, directions may be sought and given
    with respect to the trial of the issues raised in the
    various actions including the assessment of damages.
    Henry S. Brown Judge

    JCT: So the appeals are going to take up to a year and
    that's up to a year to sign up as many of the other 15,000
    victims as we can.

    http://johnturmel.com/insdel.pdf is the instruction page for
    the easy online filing of the Statement of Claim for
    damages.

    http://johnturmel.com/kits is the page with all the
    different forms to file claims including insdel.

    There is the claim for those with large prescriptions who
    want the 150 gram limit struck down.

    There is a claim to strike the prohibitions because the
    right to marijuana juice needs local producers!

    There will be a claim for those with permanent illnesses who
    want to strike the 1-year limit on permits.

    There will be a claim to strike the 2-patient/grower and 4
    license/site caps.

    There will be a claim for damages due to doctors reducing
    dosages or cutting patient off due to harassasing calls from
    Health Canada.

    But if you know someone who suffered a long delay while
    Health Canada stalled the processing of their permit, here's
    a $2 filing fee gets them the chance to win the value of the
    pot and rent expenses of which they were deprived during the
    delay.

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