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Tuesday, August 20, 2013

THE COURT IS TO BE CHALLENGED, ON AUGUST 21, 2013, ON THE RIGHT OF THE INDIVIDUAL, UNDER THE CHARTER.

The Charter of Rights and Freedoms, is part of the Canadian Constitution. It is also supposed to guarantee,  the equal treatment and also protect the rights, of every person living in Canada.

For some people, it is just a piece of paper, that has also becomes meaningless, when those inherent rights, are also ignored, or violated.

On August 21, 2013, I will be at the Court of Appeal for Ontario, to challenge the court, on those same rights, which are also supposed to be protected, under the Charter. It shouldn't be much of a challenge either, when the case is built on the simple fact, on a question of law only. Is there an automatic stay in place, for appellants, or applicants, who has continued with an appeal, from a lower court?. In this case the divisional court, to a higher court?  What are some of the issues of the case, surrounding that stay?  The main one is that it involved money, which some people, like lawyer David Strachin, wants to be dispensed with, by way of a motion judge's order. Not so fast. Since there are also material facts to be argued, which is not the jurisdiction, that a motions judge of the divisional court can decide on, in those cases. It usually goes to a trial, which is also dealt with by way of the evidence, that are also presented,by way of discovery. 

The divisional court also do not deal with matters of mix fact and law, but of matters dealing with issues of law only. That doesn't mean that it has never decided on those cases involving a great deal of evidence, which I also believe, involved mix fact and law. The case was appealed stating errors of law only, anyway. Those errors being the presumption of bias, by the previous tribunal and also a case of a lack of procedural fairness.  Both are also errors of law.

There is still no date as of yet, for the hearing of my motion for leave to appeal, in the court of appeal.  In the meantime, I want the court of appeal to reinstate the stay, that was also lifted by the order of the divisional court, until my matter is also concluded, in the court if appeal. I want the stay that was in place, to continue, as it should under the law, while my appeal is also before the court of appeal.

I want the Court of Appeal to reinstate me back into my home, which I was illegally evicted from on August 15, 2013, by the manager Joe Terrel, of the Toronto Sheriff office, even though his office also knew of the proceeding, in the court of appeal and that it was also ongoing. He chose to act peremptorily and to end my appeal on his own terms, and to not wait for the decision, of the court, regarding my motion for leave. He knew what he did was legally and also morally wrong and it was also injurious to me,causing me undue hardship. Which was also part of the conspiracy involved.

After residing in my coop for five years, I was surreptitiously evicted last year and while my matter was still before the court, as part of a conspiracy. It is also a repeat of the same thing, which I am now challenging legally again.