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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