• TURMEL: Judge Horne decision on premature Order on Costs

    From John KingofthePaupers Turmel@21:1/5 to All on Thu Jun 29 17:15:40 2023
    TURMEL: Judge Horne decision on premature Order on Costs

    JCT: On Jun 19, Case Management Judge Horne issued an Order
    dismissing the actions of the 75 other plaintiffs pending my
    appeals:
    http://SmartestMan.Ca/c19j4.pdf

    https://www.scc-csc.ca/case-dossier/info/dock-regi-eng.aspx?cas=40520
    is the docket info for my Application for Leave to Appeal to
    the Supreme Court denied by Justices Richard Wagner,
    Andromache Karakatsanis, Suzanne Cote, Malcolm Rowe, Sheilah
    L. Martin, Nicholas Kasirer, Mahmud Jamal, Michelle
    O'Bonsawin on May 11. The Motion to Reconsider was filed
    June 12 and is now pending. So it's pretty obvious that my
    case isn't yet finished and Judge Horne's decision to
    dismiss the 75 actions of the other plaintiffs pending my
    appeals are done must be premature.

    http://SmartestMan.Ca/c19154.txt is the report on Ray Turmel
    filing a motion for Judge Horne to reconsider
    TURMEL: Judge Horne prematurely dismisses Covid damages actions http://SmartestMan.Ca/c19j4n.pdf

    http://SmartestMan.Ca/c19155.txt is the report on the Crown
    objecting to me, a vexatious litigant, helping Ray when I
    was barred from helping people.
    TURMEL: Crown objects to Turmel helping Covid plaintiffs http://SmartestMan.Ca/c19j4nc.pdf

    http://SmartestMan.Ca/c19157.txt is my report on the
    Direction from Judge Horne:
    TURMEL: Judge Horne decision on premature Order on Costs http://SmartestMan.Ca/c19j4nj.pdf

    Federal Court CANADA
    180 Queen Street West Suite 200
    Toronto, Ontario M5V 3L6

    June 28, 2023

    VIA EMAIL

    Raymond Turmel

    James Schneider
    DEPARTMENT OF JUSTICE

    RE: T-138-21 RAYMOND TURMEL v. HIS MAJESTY THE KING

    Please be advised of the following oral direction of
    Associate Judge Trent Horne dated June 28, 2023:

    "The plaintiff has filed a motion for reconsideration of
    my order of June 19, 2023 on the basis that John Turmel
    has brought a motion to the Supreme Court of Canada to
    reconsider the decision on his leave to appeal. The
    motion record does not include an affidavit, and does
    not include evidence related to any motion at the
    Supreme Court.

    JCT: Of course, the docket info is at the Supreme Court
    site but when Ray filed the motion, it did not yet show the
    Motion for Reconsideration. Now it does. And the reason I
    Ray didn't file an affidavit is because it would have taken
    too much running around to find a notary in rural Quebec
    where he lives. So I used my standard blurb asking the
    judge to dispense with any documents he would allow.

    The defendant, by letter dated June 23, 2023, requests
    that the motion be removed from the Court file on the
    grounds that the motion record identifies no basis on
    which the Court could reconsider the June 19, 2023
    order,

    JCT: What is the fact my appeals are not yet finished if not
    basis to reconsider the Order?

    and that it appears the motion was prepared and
    distributed by John Turmel.

    Rule 74 provides that an order to remove a document from
    the Court file can only be made if all interested
    parties have been given an opportunity to make
    submissions.

    John Turmel has been declared to be a vexatious litigant
    (Canada (Attorney General) v Turmel, 2022 FC 1526). The
    Court's judgment, among other things, states that "Mr.
    Turmel is prohibited from assisting others with any
    proceedings before this Court, including by filing
    materials, or purporting to represent them, or
    communicating with the Court on their behalf."

    The affidavit of service for the reconsideration motion
    in T138-21 was sworn by John Turmel. The defendant's
    correspondence includes an email from John Turmel to
    counsel for the defendant stating "I'm filing for
    reconsideration of the decision until it's over at the
    top." The font and style of the documents for the motion
    in T-138-21 is somewhat unique, and the same as the
    documents filed by John Turmel in T-130-21 and T-277-22.
    This gives the appearance that John Turmel is directly
    assisting the plaintiff in T-138-21.

    JCT: There is no mention that Vexatious Litigant Order is
    now being appealed to the Court of Appeal so I'm not sure if
    the Order is valid until the appeal process is done. If it's
    not, then I may be punished. Sad because I just wanted to
    inform Judge Horne that my appeals were not yet complete and
    might have just sent him a letter rather than a motion from
    Ray.

    Raymond Turmel shall therefore be given an opportunity
    to make submissions as to why the reconsideration motion
    in T-138-21 should not be removed from the Court file.
    The submissions must specifically address the extent, if
    at all, that John Turmel provided assistance with the
    preparation and filing of the reconsideration motion.
    Any such submissions shall be served and filed by July
    14, 2023. Any responding submissions shall be served and
    filed by July 28, 2023. None of the deadlines in this or
    related proceedings are suspended or otherwise affected
    by this direction. If Raymond Turmel does not serve and
    file submissions by July 14, 2023, the reconsideration
    motion shall be removed from the Court file".

    Sincerely,
    Cherlin McColman
    Registry Officer

    JCT: There seems to be no purpose to pushing him to
    reconsider asking everyone to submit as to costs by today.
    So I guess it will be removed from the Court file.

    But at least Judge Horne knows that it's not over and he's
    given himself an extra few weeks to see what the Supreme
    Court does before he rules on costs.

    http://SmartestMan.Ca/c19151.txt is the report on my motion
    to the Supreme Court citing the exceptionally rare
    circumstances of the SmartestManOnEarth.Ca,
    http://SmartestMan.Ca/ for short, Canada's Mr. Spock,
    explaining now excess deaths going through the roof around
    the world can be corrected to save the most.
    http://SmartestMan.Ca/c19a3tr.pdf

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