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AMENDED-AMENDED NOTICE OF MOTION BEFORE A PANEL TO APPEAL JUSTICE FELDMAN'S OPINION
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“VEXATIVE LITIGAN” file No.: M ...denied by COA without lawful cause/motion number denied/motion refused by coa REGISTRAR without reason or lawful cause
court of appeal for ontario
BETWEEN:
WAYNE FERON Informant/Applicant
-and-
HER MAJESTY THE QUEEN Respondent
AMENDED-AMENDED
NOTICE OF MOTION
BEFORE A PANEL TO APPEAL
JUSTICE FELDMAN'S OPINION
___________________________________________
Returnable on Feburary 25th, 2014 at 10:00 at COURT OF APPEAL
TAKE NOTICE: that a Motion will be made before a panel of Judges against the honourable Justice Feldman January 30th, 2014 judgment(opinion) wherein she asserted the following in open court while matter M43059 was before her to be heard or she was seized by the same matter;
“...you are a vexation litigant!
I am staying the matter...”
In light of the fact that the COURT OF APPEAL-REGISTRAR didnot want to accept this appeal to sort out issues of contention, the COURT OF APPEAL-REGISTRAR has informed the Private Prosecutor that the January 30th, 2014 court order directs for M43059 to be adjourned without a returnable date. In my view, this is an indefinate adjournedment similar to the adjournment on C51190(M38706) which has still not been heard since about April of 2010; the Private Prosecutor was not in possession of the January 30, 2014 endorsement for M43059, he based is appeal on what was directed from the bench. Hence his amendment to his appeal to a Panel.
The Applicant hereby applies before a panel of Judges for a review or variation of the judgment of a single Judge made on the 30th day of January, A.D. 2014, by the Honourable Justice Feldman, or any further or other order that the Court may deem appropriate.
The aforesaid matter is to be heard on the 25th of February, 2014 at 10:00 am, at the COURT OF APPEAL FOR ONTARIO, Osgoode Hall, 130 Queen Street West, Toronto, Ontario, M5H 2N5, Courthouse. The motion is to be heard orally and with the assistance of DUTY COUNSEL;
THE MOTION IS FOR:
1. an order to vary the Honourable Justice Feldman's judgement, and stay or INDEFINATELY ADJOURN all the applicant's matters(C56817, C55532, M43059) without distinction, and in accordance with the enforcement of the Honourable Justice I. Andre J. court order release on July 8th, 2013, until the vexative litigant matter is resoved and it appeal process exhaused;
2. an order to stay the TRANSCRIPT COURT HEARING on February 26, 2014 for matter C55532 for the purpuse of not inviting or forcing the applicant to contravene the honourable Justice I. Andre J. court order in addition to Section 127(1) of the CRIMINAL CODE OF CANADA; counseling or inducing someone to break the law is in itself a CRIMINAL OFFENCE. Ms. Kirck put forward or asserted the Crown's position, that the TRANSCRIPT HEARING COURT does not contravene Justice I. Andre J. court order; the Private Prosecutor's position is that attendance of the Private Prosecutor to the TRANSCRIPT HEARING COURT(C55532) would be a violation of Justice I. Andre J. court order in addition to Section 127(1) of the CRIMINAL CODE OF CANADA; hence the emergency or utmost importance for direction on the matter before the COURT OF APPEAL;
3. Such further other grounds as counsel may advise and this Honourable Court may permit.
GROUNDS:
1. the Private Prosecutor challenges the attenticity of the uncertified, unofficial copy of the Honourable Justice I. Andre J. court order until he can successfully obtain a certified copy of the same order or an officially signed copy of the Honourable Justice I. Andre J. court order, which was supposed to be disclosed to him in accordance with the FEDERAL COURT RULES;
2. consistent and uniform enforcement of the Honourable Justice I. Andre J. court order without distinction;
3. prevention of an invitation or inducing of contravening of Section 127(1) of the CRIMINAL CODE;
4. Section 22.1 of the EVIDENCE ACT
5. the maintenance of proper jurisdiction within the notion or doctrine of paramountcy;
6. to maintain consistency with the RULES OF THE COURT and Section 482 of the CRIMINAL CODE;
7. to simply make it possible to obey the Honourable Justice I. Andre J. court order until it is set aside, dismissed or affirmed by the honourable court, and the appeal process is exhausted;
8. such and other grounds this honourable court may accept or admit.
THE FOLLOWING AUTHORITIES AND EVIDENCE:
1. Hunt v. Carey Canada Inc ;
2. R. v. Punko, 2012 SCC 39 ;
3. R. v. Thorburn, 2010 ABQB 390;
4. the Honourable Justice I. Andre J. court order release on July 8th, 2013;
5. the Honourable Justice I. Andre J. REASON FOR JUDGEMENT release on July 17th, 2013;
6. the Honourable Justice Feldman December 13th, 2014 court order(M42812);
7. the Honourable Justice Feldman Feburary 29th, 2014 court order(M42812);
8. the Honourable Justice Feldman Feburary 30th,2014 court order(M42812);
9. Section 127(1) of the CRIMINAL CODE;
10. SECTION 22.1 OF THE EVIDENCE ACT;
11. RULE 96, 97, and 98 of the Federal Courts Rules, SOR/98-106;
12. RULE 398, and 399 of the Federal Courts Rules, SOR/98-106;
13. Section 7(5), and 8(7) of the Federal Courts Rules, SOR/98-106;
14. Any other evidence this honourable court may permit.
PUBLIC IMPORTANCE OR PUBLIC GOOD:
1. The Applicant seeks access to justice in accordance with Section 504 of the Criminal Code of Canada, and Section 15 of the CHARTER OF RIGHTS AND FREEDOM without artificial created impediments, and regardless of the allege accuse status, creed, or institutional association;
2. The Applicant seeks the enforcement of the RULE OF LAW in accordance with the good of the public and the maintenance of a just and humain Canadian society;
3. The Applicant seeks to insure that the will of parliament is respected and followed for Section 504, Section 507, Section 540, and Section 482 of the Criminal Code of Canada;
4. The Applicant seeks for all to be subject to the law in addition to no one being above the law or appearing to be immune to the enforcement of the law;
5. The Applicant seeks fair and equal Application and enforcement of the Criminal Code of Canada for all Canadians regardless of the allege accuse status, creed, or intitutional association.
[1] Pursuant to the honourable Justice I. Andre J. court order release on July 8th, 2013, directs as follows;
“[1] THIS COURT DECLARES that Wayne Ferron has persistently and without reasonable grounds instituted vexatious proceedings and conducted proceedings in a vexatious manner in the Ontario Superior Court of Justice, the Divisional Court, and the Ontario Court of Appeal, within the meaning of sections 140(1)(a ) and (b) of the Court Of Justice Act, R.S.O. 1990, C. C.43
[2] THE COURT PROHIBITS Wayne Ferron either directly or indirectly, from instituting any proceeding or continuing any proceedings previously instituted in any court in Ontario, except until such time as he obtain leave pursuant to section 140(3) of the Courts of Justice Act and as provided for in this order.
{…}
[5] THIS COURT FURTHER ORDERS that should Wayne Ferron file materials seeking to commence or continue a proceeding or any appeal in any court in Ontario without first filing and an entered Order Permitting him to do so; the proceeding shall be immediately stayed upon any person filing a copy of this Order in such court.
[6] THIS COURT FURTHER ORDERS that no further proceedings will be accepted from Wayne Ferron for filing or scheduling by any court in Ontario without the approval of the RSJ or her designate.
[7] THIS COURT FURTHER ORDERS that a copy of this Order be forthwith delivered to the Ontario Court of Appeal and Every region of the Superior Court of Justice and Divisional Court…”
[2] Pursuant to the COURT OF JUSTIC ACT;
Section 7(5) A panel of the Court of Appeal may, on motion, set aside or vary the decision of a judge who hears and determines a motion. R.S.O. 1990, c. C.43, s. 7
Section 8(7) The opinion of the court shall be deemed to be a judgment of the court and an appeal lies from it as from a judgment in an action. R.S.O. 1990, c. C.43, s. 8 (7)
[3] Pursuant to the CRIMINAL CODE OF CANADA;
Disobeying order of court
127. (1) Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, guilty of
(a) an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) an offence punishable on summary conviction.
[4] Pursuant to the FEDERAL COURT RULES, SOR/98-106;
Failure to attend or misconduct
97. Where a person fails to attend an oral examination or refuses to take an oath, answer a proper question, produce a document or other material required to be produced or comply with an order made under rule 96, the Court may
(a) order the person to attend or re-attend, as the case may be, at his or her own expense;
(b) order the person to answer a question that was improperly objected to and any proper question arising from the answer;
(c) strike all or part of the person's evidence, including an affidavit made by the person;
(d) dismiss the proceeding or give judgment by default, as the case may be; or
(e) order the person or the party on whose behalf the person is being examined to pay the costs of the examination.
Contempt order
98. A person who does not comply with an order made under rule 96 or 97 may be found in contempt.
Stay of order
398. (1) On the motion of a person against whom an order has been made,
(a) where the order has not been appealed, the court that made the order may order that it be stayed; or
(b) where a notice of appeal of the order has been issued, a judge of the court that is to hear the appeal may order that it be stayed.
· Conditions
(2) As a condition to granting a stay under subsection (1), a judge may require that the appellant
(a) provide security for costs; and
(b) do anything required to ensure that the order will be complied with when the stay is lifted.
· Setting aside of stay
(3) A judge of the court that is to hear an appeal of an order that has been stayed pending appeal may set aside the stay if the judge is satisfied that the party who sought the stay is not expeditiously proceeding with the appeal or that for any other reason the order should no longer be stayed.
SOR/2004-283, s. 40.
Setting aside or variance
399. (1) On motion, the Court may set aside or vary an order that was made
(a) ex parte; or
(b) in the absence of a party who failed to appear by accident or mistake or by reason of insufficient notice of the proceeding,
if the party against whom the order is made discloses a prima facie case why the order should not have been made.
· Setting aside or variance
(2) On motion, the Court may set aside or vary an order
(a) by reason of a matter that arose or was discovered subsequent to the making of the order; or
(b) where the order was obtained by fraud.
· Effect of order
(3) Unless the Court orders otherwise, the setting aside or variance of an order under subsection (1) or (2) does not affect the validity or character of anything done or not done before the order was set aside or varied.
All of which is respectfully submitted.
Dated at the city of TORONTO, in the province of Ontario, on this ........................... SIGNED BY
____________________________ Applicant/Informant
Wayne Ferron
1-18 Earlscourt Ave. Toronto, ON, Postal Code M6E 4A6
Tel: 416 420 1353, Email: I HAVE NO ISP ACCOUNT
TAKE NOTICE: I JUST RECENTLY CAME OFF THE STREETS OF TORONTO AS LIVING AS A VAGABOND. MY RESIDENCE FLOODS AND IS INFECTED WITH BLACK MOLD; I AM FORCED TO LIVE INHUMANLY AND EXPECTED TO BRING MY DAUGHTER WHOM I HAVE FULL CUSTODY FOR, TO LIVE THERE. I am left to die in the said conditions by ONTARIO- WORKS. PLEASE SEND ANY LEGAL SERVICE MATERIAL BY REGISTERED MAIL, TO BE PICKED UP AT THE POST OFFICE; THERE IS NO ASSURANCE THAT MATERIAL SERVED AT THE ABOVE ADRESS BY REGULAR MAIL WILL BE RELAYED TO MY PERSON, IN ADDITION TO THE SMALL POST BOX CONTENTS BEING EXPOSED TO THE NATURAL ELEMENTS. I AM NOT HOME IN THE DAY TIME, I MOSTLY ONLY SLEEP AT THE ABOVE ADDRESS.
TO:
The Clerk of the Court--Registrar
COURT OF APPEAL FOR ONTARIO
Osgoode Hall
130 Queen Street West
Toronto, Ontario, M5H 2N5
Tel: 416 327 5020
Fax: 416 327 6032
AND TO
The Attorney General of Ontario
Constitutional Law Branch
4th floor
720 Bay Street
Toronto, Ontario M5G 2K1
fax: 416 326 4015
AND TO:
The Attorney General of Canada
Suite 3400, Exchange Tower
Box 36, First Canadian Place
Toronto, Ontario M5X 1K6
fax: 416 973 3004
AND TO
Deborah Krick, CROWN COUNSEL
The Attorney General of Ontario
Criminal Law Branch
6th floor
720 Bay Street
Toronto, Ontario M5G 2K1
fax: 416 326 4015
court of appeal for ontario
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Wayne Ferron -versus- R |
Court file no.: M......... |
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COURT OF APPEAL FOR ONTARIO
PROCEEDING COMMENCED AT Osgoode Hall 130 Queen Street West Toronto, Ontario, M5H 2N5 AMENDED-AMENDED NOTICE OF MOTION BEFORE A PANEL TO APPEAL JUSTICE FELDMAN'S OPINION ___________________________________________
Returnable on Feb 25th, 2014 at 10:00 A.M.
Wayne FERRON 1-18 Earlscourt Ave. Toronto, ON, Postal Code Mw6E 4A6 Tel: 416 420 1353, Email: I HAVE NO ISP ACCOUNT
TAKE NOTICE: I JUST RECENTLY CAME OFF THE STREETS OF TORONTO AS LIVING AS A VAGABOND. MY RESIDENCE FLOODS AND IS INFECTED WITH BLACK MOLD; I AM FORCED TO LIVE INHUMANLY AND EXPECTED TO BRING MY DAUGHTER WHOM I HAVE FULL CUSTODY FOR, TO LIVE THERE. I am left to die in the said conditions by ONTARIO- WORKS. PLEASE SEND ANY LEGAL SERVICE MATERIAL BY REGISTERED MAIL, TO BE PICKED UP AT THE POST OFFICE; THERE IS NO ASSURANCE THAT MATERIAL SERVED AT THE ABOVE ADRESS BY REGULAR MAIL WILL BE RELAYED TO MY PERSON, IN ADDITION TO THE SMALL POST BOX CONTENTS BEING EXPOSED TO THE NATURAL ELEMENTS. I AM NOT HOME IN THE DAY TIME, I MOSTLY ONLY SLEEP AT THE ABOVE ADDRESS . |
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