APPLICATION OF APPEAL - GE - 15 - 229 (481  792 695)

2014

 

 

FINAL

REQUISITION

TO AN UNEQUAL JUSTICE SYSTEM

 

 

17 February 2015

I would like to have my brown wallet return forthwith in accordance with my COLOUR OF RIGHT, so I may proceed with saving my life!

 

Does HRTO have my stolen brown wallet from Officer Pekeski(2261) and the necessary legal paper work; so I may take care of my present health problems, access the health care system unimpeded, and access Canadian goods and services like normal Canadians without distinction of my person and malicious reprisals for trying to affect righteous prosecutions against renegade public agents who consider themselves above the law and not subject to the Law?

 

1) If it is the CASE that the CRIMINAL CODE OF CANADA is still relevant, and FEDERAL LAW(legislation) precedence over PROVENCIAL LAW(legislation) is still relevant and still holds; then please have Officer Pekeski(2261) return all my stolen belongings and be punished in accordance with the RULE OF LAW for the following:

 

1)   Assault

2)   Unlawful arrest

3)   Filing a false police report

4)   Failing to appear when summoned to assist the court

5)   Unlawful imprisonment

 

 

 

2) If it is the CASE that the CRIMINAL CODE OF CANADA is still relevant, and FEDERAL LAW(legislation) precedence over PROVENCIAL LAW(legislation) is still relevant and still holds; then please Ms. Joanne Stuart return forthwith my stolen LEGAL INSTRUMENT (INFORMATION AND PRIVACY COMMISSION, FREEDOM OF INFORMATION REQUEST) and be punished in accordance with the RULE OF LAW for the following:

 

1)   Suppressing evidence in a judicial  matter (C51190)

2)   Fraud (C51190)

3)   Misleading a Judicial Officer (C51190)

4)   Perverting the course of justice (C51190)

 

 

 

3) If it is the CASE that the CRIMINAL CODE OF CANADA is still relevant, and FEDERAL LAW(legislation) precedence over PROVENCIAL LAW(legislation) is still relevant and still holds; then please punish Officer William Hird(6058) in accordance with the RULE OF LAW for the following:

 

1)   Maliciously procuring a legal instrument (Information 07-02500) under a false identity, within the capacity of a witness/informant, and in addition to knowingly swearing a false oath before a JUSTICE OF THE PEACE

2)   For swearing a false “POSITIVE OATH” before a Judicial Officer

3)   Misleading a Judicial Officer

4)   Corrupting the course of justice

 

 

4) If it is the CASE that the CRIMINAL CODE OF CANADA is still relevant, and FEDERAL LAW(legislation) precedence over PROVENCIAL LAW(legislation) is still relevant and still holds; then please punish DC Gregory Strlbbell(529) in accordance with the RULE OF LAW for the following:

 

1)   False return on his investigation for 07-02500

2)   False return on his investigation for 07-02559

3)   For his part in manufacturing false evidence to justify reasonable cause in 07-02500 and 07-02559

4)   For fraud

5)   For slanderous profiling of a Canadian

6)   For filing false slanderous documents

7)   For manufacturing false evidence and entering it in his memorandum note book

8)   For false profiling an Afro Canadian as a CRACK COCAIN addict and drunkard without any reasonable cause, evidence, or even a test from the DRE or the BREATHERLIZER TEST

 

 

I am expressing my COLOUR OF RIGHT, if the  Attorney General of ONTARIO and the Minister of Justice still count the practice of law in Canada amounts the countries of the World enabling civilized practice of law in their humane democratic system of governance.

 

 

9 February 2015:

The RSJ at the MINISTRY OF ATTORNEY GENERAL OF ONTARIO,

Enforces a “COURT ORDER OF DEATH” which in addition to being based on a false premise and fraud, also takes away all my Legal Rights, my Human Rights and the goods and services provided to all Canadians except for Wayne Ferron.

 

In addition to the same court order (Justice Andreaès July 8, 2012, order), being used by those who consider themselves to be above the law, immune to the law, and not subject to the law; in my view, demonstrates in a very tangible practical way, that the Criminal Code of Canada is not relevant and has no force or effect.

 

The aforesaid gives two outcomes in forming a permutation:

 

CASE1: The law has been weaponized and has become selective in its enforcement, targeting those (undesirables) who are to be harmed maliciously for a reason other than racism. In short, the law is being used to punish (reprisals) selective members of the collective or society at large with distinction.

 

 

CASE2: Wayne Ferron (an Afro Canadian), is being maliciously punished byway of reprisals on a basis of racial distinction.

 

I (Wayne Ferron), is the only Canadian who has been selected for CRUEL AND UNUSUAL PUNISHMENT. According to the Charter;

(12.	Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. )

, at the expense of the violating the CRIMINAL CODE OF CANADA, violating ONTARIO HUMAN RIGHTS ACT, and violating THE INTERNATIONAL COVENANT OF CIVIL AND POLITICAL RIGHTS.

 

And in addition to punishing me by distinction by;

 

Making theft (Wayne Ferron) against my person legal or else the CRIMINAL CODE OF CANADA is not relevant.

 

Making a denial of colour of right (Wayne Ferron) against my person legal or else the CRIMINAL CODE OF CANADA is not relevant.

 

Making assault (Wayne Ferron) against my person legal or else the CRIMINAL CODE OF CANADA is not relevant.

 

Making aggravated assault (Wayne Ferron) against my person legal or else the CRIMINAL CODE OF CANADA is not relevant.

 

Making fraud (Wayne Ferron) against my person legal or else the CRIMINAL CODE OF CANADA is not relevant.

 

Making unlawful arrest (Wayne Ferron) against my person legal or else the CRIMINAL CODE OF CANADA is not relevant.

 

 

Making Unlawful imprisonment (Wayne Ferron) against my person legal or else the CRIMINAL CODE OF CANADA is not relevant.

 

Making slander (Wayne Ferron) against my person legal or else the CRIMINAL CODE OF CANADA is not relevant.

 

Making prejudice (Wayne Ferron) against my person legal or else the CRIMINAL CODE OF CANADA is not relevant.

 

In addition to giving Ontario Legislation precedence owner Federal Legislation and taking away my right to POLICE SERVICES or PRIVATE PROSECUTIO (Section 507 c.c.), full access to medical services, full access to the Ontario Courts to protect my humanity, AND other goods and services.

 

 

While I am maliciously denied:

1)   My belongings (wallet, ID, OHIP card, etc.), stolen by Officer Pekeski(2261)

 

2)   My LEGAL INSTRUMENT, stolen by Ms. Joanne Stuart

 

3)   Full access to my legal rights

4)   Full access to medicine and medical treatment

5)   Full access to my Human Rights

 

 

The Government dispense substituted drugs for drug addiction free of charge; dispense materials needed to administer unlawful drugs for free. Provide goods and services for people with drug addictions or thouse who participate in unlawful drug use. In addition to the Government having developed publicly funded programs to assist in the aforesaid matter called HARM.

 

CONSTRASTLY, I (Wayne Ferron) a law abiding Canadian who want to work, want to pay my taxes, want to educate myself, want to regularly exercise and want to be a good father; do not take unlawful drugs, do not drink alcohol, is denied medical care and denied medicine on the basis of government policies, criminal activities by government agents, reprisals for seeking justice in a court of law, and malicious denial of public goods and services.

 

 

I (Wayne Ferron), would like all my belongings along with corresponding proper paper work for all my belongings which has been stolen by the Crown and It’s servants, to be returned in a court of competent jurisdiction; unless the exercise of ones COLOUR OF RIGHT over property which one has authority over has been muted and made irrelevant at this time in this society, and in this age.

 

The disclosed requisition directed to the Attorney General, gives a list of my pending properties to be return to my person.

 

Furthermore, I would like my belonging which I am exercising authority of ownership over, to be returned to me before my impending death; since I have been marked for silent murder by way of denial of goods and services all other Canadians access and enjoy.

 

 

 

THIN SKULL RULE: Take your victim as they are

 

On January 21, 2015, the out of cold location that I was suppose to stay at was full and I did not have a spot reserved for my person; despite the fact that I came an hour early to obtain the line up ticket.

 

I had to leave after dinner and spending the night in the cold outside would have meant my untimely death. So I went to the Hospital to check on my health (My health is being held hostage).

 

The Doctor told me in no uncertain terms that I could have an heart attack any day because of my high blood press. He asserted many time on this point. I have disclosed my prescription . The fact that all my legal rights and human rights was talked away from me; I cannot access( blocked from using goods and services). This is why I am marked for death and why I am being murder.

 

Please provide the necessary interim court order for be to access goods and services and fill my very much need prescription. I want the same rights as any other Canadian and the right to live and not be subjected to CREAUL AND UNUSUALLY unusual punishments by being marked for silent murder by way of omission. I want to live!

 

 

 

 

___________________________

Wayne Ferron

22 January 2015

 

 

 

 

This document is not for Mr. Richard Hennessy nor Ms. Lina Proclilo but for the HRCTO-REGISTRAR   and the FEDERAL SOCIAL SECURITY TRIBUNAL-GENERAL for the EMPLOYMENT INSURANCE  appeal.

 

1. However, you should know or aught to have known the details of my health;

 

2. you should know or aught to known or aught to have known the effect on my person from the denial of social services and access to medical treatment for a person with LVH;

 

3. you should know or aught to have known the effect  OF employment insurance decision  in my beloved child accessing equal education services;

 

4. you should know or aught to have known the effect HRTO decisions concatenated with SOCIAL SERVICES and EMPLOYMENT INSURENCE policies has in forcing me on the streets of TORONTO  to seek medical help for which I am presently denied access in addition to exposing me to TUBERCULOSIS and HEPATITISE C (please see STREET HEALTH REPORT 2007);

 

5. you should know or aught to know that all the above is a denial or at least a diminishing of my life, liberty, and pursuit of happiness, for the soul purpose of protecting Ms. Joanne Stuard, Officer Pekeski(2261), Peter Westgate etc. Because there are above the law, unlawfully immune from the law, and are not subject to the CRIMINAL CODE OF CANADA. Long after I am dead and gone, the crime still remains.

 

And all should be aware of the HUMAN RIGHTS PREAMBLE in addition to the commitments and signature’s of the PROVINCIAL and FEDERAL GOVERNMENT, a promise to the international community in the form of  THE INTERNATIONAL COVENANT OF CIVIL AND POLITICAL RIGHTS.

 

 

Pursuant to page 22 and 233 of THE STREET HEALTH REPORT 2007;

“Emergent Health Issues

There are several health conditions that have

emerged as important health issues among the

homeless population in recent years.

Tuberculosis (TB) is a contagious disease that

had almost disappeared in Canada, but that has

re-emerged in recent years. TB bacteria commonly

 

the extensive support homeless people need to

successfully undergo treatment. Without treatment,

Hepatitis C can cause liver disease, including

cirrhosis and cancer. Without adequate shelter and

nutritious food, homeless people are even more

susceptible to some of these negative outcomes.

Further, it is estimated that in Ontario, 25% of people

with HIV also have Hepatitis C 47. HIV and Hepatitis C

co-infection is problematic because each disease

makes the other worse and it is hard to treat both

simultaneously.

HIV/AIDS has been a growing health issue which

has disproportionately affected homeless people

relative to the general population. The prevalence

of HIV is over 300 times higher among homeless

people than in the general population in Toronto. It is

quite possible that this condition was under-reported

by survey respondents, due to the stigma attached

to the disease and because some respondents may

not know their HIV status. Homeless people with

HIV are at extremely high risk for many medical

conditions. In addition to having a compromised

immune system due to HIV, homeless people tend to

have their immune systems even further weakened

by the harshness of their daily lives, which includes

fatigue, poor nutrition and high levels of stress.

Furthermore, homeless people are regularly exposed

to countless communicable diseases...”

 

 

I called EMPLOYMENT INSURANCE many times, to inquire if they need any more information, or need me to answer questions to which there answer response was in the negative. They had everything they needed to make a fair assessment. In addition EMPLOYMENT INSURANCE advised or directed me to get financial need from SOCIAL SERVICES until they are able to make a decision on my EMPLOYMENT INSURANCE claim.

 

Since I was starting to get headaches and I had run out of HIGH BLOOD MEDICINE for months, in addition to having no money in the bank; I had no choice but to go to Toronto EMERGENCY HOSPITAL and secure a prescription and ask SOCIAL SERVICES to fund the medication.

 

I was surprised to find out that I did not qualify for a DRUG CARD, for lack of IDENTIFICATION which Officer Pekeski(2261) stole and refused to return after I exercise my colour of right on many occasions, within the context that EMPLOYMENT INSURANCE was directing me to SOCIAL SERVICES FOR FUNDING. I need to take care of my health before anything else, such as hosing, work, job, exercise; I have to keep my stress level very low or end up dead.

 

 

I again, called EMPLOYMENT INSURANCE many times, it is quite hard to get through to them. Nevertheless, I was directed to E. HOFFMAN(1-866-950-7227) as the contact person. I requested to be transferred to Mr. E. Hoffman because of the difficulty getting access to EMPLOYMENT INSURANCE agents, I was denied the phone transfer.

 

I again, called Mr. E. Hoffman (EMPLOYMENT INSURANCE-1-866-950-7227) many times to no avail. He has not answered his phone, there has been no emails from Mr .E. Hoffman as far as I know.

 

 

On January 16, 2015 I SPOKE TO the FEDERAL SOCIAL SERVICES TRIBUNAL, to confirm that my employment insurance was received. I was told that an appeal takes 6 weeks to process, and I will be contacted then to confirm the
receipt of my application. Urgency would be ineffective here despite me labelling the matter as URGENT.

So, it would seem that all the responsibility for saving my life and restoring my life back to normal with normal access to social services, without reprisals is the HUMAN RIGHTS TRIBUNAL and it alone caries the aforesaid burden.

I tried getting some Aspirin (acetylsalicylic acid or ASA) to thin my blood and reduce the chances of a stroke or heart attack, but dispensing this type of over the counter drug is not proper. I have no money because of the restriction of my person to access public goods and services; negative $150.00 is what I have in my Bank account.

But, HARM (GOVERNEMENT program for dispensing drugs to drug addicts by diminishing the role or dependency on drug dealers and reducing debase infection/transfer rates. The Government is in essence the new drug dispensary or “drug dealer”), HARM-shops dispense drugs every day to make drug addicts high or feel nice while curving there appetite for Crack Cocaine or other illicit drugs in addition to providing clean sterile needles to use.

 

I learned this fact from drug addicts themselves, one of whom had a $1400.00 habit per month for which Doctors were supply him with all the drugs he needed, but he wanted more so he was complaining. I investigate, no matter where I am forced to live.

Contrastly, I cannot get an Aspirin (acetylsalicylic acid or ASA) tin my blood and save my life or prevent a stroke or organ damage. Not to mention, to fill a $60.00 proscription to save my life and maintain my health and be a healthy, and productive TAX PAYING Canadian human beaning . I am being denied humanity. To be fair, the following is what the government say about its HASRM program.

 

“The Ontario Harm Reduction Distribution Program (OHRDP), established in 2006, is a not-for-profit, provincially funded program through the Hepatitis C Secretariat within the Ministry of Health and Long Term Care and is located in Kingston, Ontario, as a division of Kingston Community Health Centres . The OHRDP provides harm reduction supplies, educational materials and knowledge translation and exchange opportunities to Needle Syringe Programs across Ontario.

The goal of the OHRDP is two-fold:

1.      To increase the volume and diversity of harm reduction supplies being distributed through the Needle Syringe Programs in Ontario.

2.      To support the provincial Needle Syringe Programs in their efforts to increase access to knowledge, skills and tools to promote harm reduction approaches.

These goals aim to ensure that the community and clients served by each Needle Syringe Program are receiving the highest quality product, service and education achievable.”

 

 

 

“What is harm reduction?

Harm reduction is a set of principles that can be used to guide policy and program development and delivery, as well as advocacy and individual behaviour. Typically, harm reduction is characterized by:

u A primary goal of reducing drug-related harm rather than a primary goal of reducing drug-use

u Pragmatic strategies and interventions for people who continue to use drugs

u A net reduction in drug-related harm

u Ensuring drug users are treated with dignity and as full members of society. This includes a non-judgmental and non-punitive stance towards the consumption of alcohol and drugs

u A focus on realistic and achievable goals (Erickson et al., 1997; Lenton and Single, 1998). Using these principles and policies, programs are developed to reduce or eliminate the adverse health, social, and economic consequences of drug use without requiring abstinence.”

 

 

“Key Take-Home Messages

 Public opinion polls and surveys taken between 2003 and 2007 in Ontario,

Quebec, British Columbia and nationwide in Canada, have found majority

support for harm reduction programs, including heroin-assisted treatment

(HAT) and supervised injection facilities (SIFs).

 Positive public perception of harm reduction programs often involved an

acknowledgement that drug addiction and drug-related issues, such as

poverty, disease and crime, requires a pragmatic solution beyond drug

enforcement and control.

 Negative public perception was usually based on a concern that these

programs condone and even promote illegal drug use, attract people who

use drugs and bring violence into local communities of program sites, and

would do nothing to re-integrate people who use drugs back into society.”

 

 

 

Am I not a human being, how far we have fallen?

 

 

I have informed EMPLOYMENT Insurance on many occasions concerning my situation on the phone.

When I informed them about my need of medications, and that I might possible die without it, I was told;

 

”...you will die then.”

 

When I told EMPLOYMENT INSURANCE about my child needing to pay and securing residence, the EMPLOYMENT INSURANCE agent told me that my daughter;

 

“...is an adult who will find or figure out a way!”

 

Does my beloved daughter have the right to study without unnecessary stress and vicarious restrictions?

 

I have done all I could, I can’t do any more now. I don’t know if this problem will be solved before I am dead, have a stroke, or have major organ damage.

 

I would like to know what is being done to help me to be more marketable, in finding a job, and be a productive taxpaying member of society. And if it is the case that the answer is in the negative, then what is the purpose of it all?

 

Since,
I have no equal rights
to goods and services,
no HUMAN RIGHTS,
and no LEGAL RIGHTS.

Into the hands of

THE HUMAN RIGHTS TRIBUNAL,

and THE EMPLOYMENT INSURANCE

DO I COMMIT MY LIFE!

I am the first,

who will be the next  victim?

Is it you?

 

Since all my legal right/human rights was stolen in all of ONTARIO by BLG(Kathrine Kirkpatrick) via fraudulent means and based on a fallacy in her arguments(JUSTICE ANDRE'S ORDERS), to take all of my legal rights away in all of ONTARIO byway of PROVINCIAL legislation overcoming FEDERAL legislation  and PRIVATE PROSECUTION of people in high public office who believe they are above the law, immune to the law, and does not have to answer to the CRIMINAL CODE OF CANADA for allege criminal offenses. In short the LAW serves them, but they are not subject to it. Because of my just private prosecutions (Section 507.1 and 504), the following has happen to my person;

1. the CROWN being allowed to UNLAWFULLY remove PRIVATE PROSECUTION PUBLIC EVIDENCE (C 58716-INCRIMINATE THE CROWN) from the COA-RECORDS  while affecting a unwritten restriction of the PUBLIC HAVING ACCESS TO THE SAME PUBLIC FILE without reasonable cause. THERE IS NO EQUALITY IN THE LAW!
2. missing and lost private prosecution public evidence (C 58716-INCRIMINATE THE CROWN) ;
3. impeded or restricted access to
   private prosecution public evidence (C58716 etc.-INCRIMINATE THE CROWN);
4. harassment while filing required court documents for private prosecutions EVIDENCE (C58716 etc.-INCRIMINATE THE CROWN);
5. unlawful imprisonment while attempting to file private prosecution information EVIDENCE (c1912, C58716 etc-INCRIMINATE THE CROWN);
6. conviction without notice or fare hearing;
7. and finally stopping me from exercising my legal rights by banning me from all courts in Ontario(Justice Andre’ court order), taking away all my legal rights in Ontario by fraudulent means, and in addition to impeding or restricting my HUMAN RIGHTS;
8. COURT OF APPEAL FOR ONTARIO  refuse to deal with the matter or does not want to deal with the matter(C58716 etc.-INCRIMINATE THE CROWN);
9. SUPREME COURT OF CANADA refuse to deal with the matter or does not want to deal with the matter(C58716 etc.-INCRIMINATE THE CROWN);
10. Now my EMPLOYMENT INSURANCE benefits are impeded, I have no social services rights, and no access to goods rights, no services rights (Health services, Police Services etc. are impeded), which are enjoyed by other CANADIANS have vanished. All I have access to now is HOMELESS SHELTERS, OUT OF THE COLD SHELTERS, and SOUP KITCHENS.

 

IT IS IMPOSSIBLE TO MAKE ANY PROGRESS IN MY LIFE, I AM IMPEDED AT EVERY TURN. JUST A SIMPLE TRANSITION OF EMPLOYMENT AND RESIDENCE CAUSE MY LIFE TO BE AT RISK, A BARING OR IMPEDING OF SOCIAL SERVICES, AND POSSIBLE DEATH.

 

SINCE I AM POWERLESS TO OBTAIN MEDICATION FOR MY HEALTH AND WELL BEING TO INSURE THAT I WILL CONTINUE TO LIVE UNDAMAGED, IT IS IN HRTO HANDS TO SECURE ME THE NECESSARY MEDICATION.

 

 

___________________________

Wayne Ferron

16 January 2015

Friday, January-16-15

 

 

EXHIBIT X

FACT-PURMUTATION:

1. Justice Andrea’ COURT ORDER banning me (Wayne Ferron) from all courts in ONTARIO and taking my legal rights and the ability to defend my civil and political rights. If I cannot defend my rights, then I have no rights including human rights!
2. HUMAN RIGHTS TRIBUNAL endorsement or order to suspend HRTO 2012-12585-I(2013 HRTO 1544).No resolution or restitution for this matter has damaged my life and my children life, in addition to crippling me in moving closure to normal living.
3. EMPLOYMENT INSURANCE Nov 26, 2014 decision to denied me  employment insurance benefits for the false PREMISE OF “left your employment without just cause”. I have call EI(1800 206 7218) to offer more information, answer any question, but they always replied in the negative. I have called E. Hoffman (1 866 950 7227) at least four time to no avail at EI commission.
4. I was sent to SOCIAL SERVICES BY EMPLOYMENT INSURANCE for help, when there was no help pursuant to there policy.
5. ONTARIO-WORKS policy which denies social benefits on the bases of not having proper identification. I WAS DENIED A DRUG CARD in accordance with policy.

6.    John Gerretsen (Attorney General [20 Oct 2011 – 25 March 2014]), choosing no to enforce the CRIMINAL of CANADIAN , with respect to Officer Pekeski (2261) theft of my personal proper(HEALTH CARD etc.) is the cause of action for this matter.

 

 The aforesaid permutation create the perfect conditions for the denial of SOCIAL SERVICES and creating an impediment to my health and well being.

Furthermore, this may cause my death or fatal injury. I leave my life (weather I live or die in the hands of HRCTO and EMPLOYMENT INSURANCE (E. Hoffman – 1 866 – 950 -722 ext 5684). Ms. Joanne Stuart warned me or threatens me that I would come up against a wall, and come up against a wall I have. Ms. Joanne Stuart acts outside and above the law while being immune to it. She has stolen my legal instrument (FREEDOM OF INFORMATION REQUISTION), committed fraud and perverted the course of justice while committing fraud in front of the Honourable Justice Watt.

 

 

HEALTH RISK:

1. On January 9, 2015 at St. Michael’s Emergency, my first  blood pressure reading was 203/118.
2. On January 9, 2015 at St. Michael’s Emergency, my second  blood pressure reading was 196/183.
3. On January 8, 2015, I was experiencing headaches in the back of my head, in addition to headaches at the side of my head.
4. A few days before January 9, 2015, I was experiencing headaches.
5. I have provided a copy of the prescription I cannot afford, but desperately need
6. 21 January 2015, Blood Pressure:     198/112, Pulse:                                   70, Temperature:                    36, headaches

 

 

REASON FOR APPEAL:

1. Employment Insurance decision puts my life at risk and help to block me from accessing social services freely.
2. EMPLOYMENT INSURANCE, premise that I left my employment for no just case is a false premise, for my premise given on page 2 and 3 in the MOTION RECORD. Unless, unlawfully using HWY 10 dangerously and unsafely which may result in my death in a reasonable thing to do in accordance with EMPLOYMENT INSURANCE DECISION.
3. I HAVE -$300.00 IN THE BANK, I SLEEP IN out of the cold shelters (HOMELESS SHELTERS) in my futile effort to access medical care and social services to take care of my health and secure employment..

 

 

___________________________

Wayne Ferron

16 January 2015

Friday, January-16-15

 

NOTE: B. Hird does not exist as a legal entity; you can check for yourself byway of requisition to YORK REGIONAL POLICE SERVICES, unless I was lied to and mislead on more than one occasions when I made the same requisition.

 

Ferron v. B. Hird et al, 2011 ONSC 7625

2011-12-14

CITATION:  Ferron v. B. Hird et al, 2011 ONSC 7625

·         For Exa

COURT FILE NO.: CV-10-4628-00

DATE:  2011-12-14

 

SUPERIOR COURT OF JUSTICE - ONTARIO

 

 

RE:            Wayne Ferron – and – B. Hird et al

 

BEFORE:   Mossip J.

 

COUNSEL:  Wayne Ferron, Self-represented, Responding Party

 

                             J. Heeney, for T.A. Patterson and M.Campbell, Moving Party

 

                             K. Kirkpatrick, for York Regional Police, Defendant, Moving Party

 

                            

 

TYPED ENDORSEMENT TAKEN FROM HANDWRITTEN COPY

 

 

[1]       There are two sets of moving defendants in the motion brought to strike the within action commenced in 2010.  That statement of claim is struck for the following reasons:

1.      For the reasons set out in my endorsement in action No. CV-09-1288, the 2010 Statement of Claim discloses no cause of action recognized in law against the moving defendants, the pleading is manifestly deficient, and the claims recognized in law, for example, negligence and breach of fiduciary duty, do not set out the required elements of those claims or set out the material facts to prove each element.  The pleading is also a collateral attack on the two proceedings referred to in my endorsement.

2.     The factum of the moving defendants accurately sets out the law that is applicable on this motion and which supports the position of the moving parties is accepted by the court.

3.     In addition, with respect to this action,

(i)                It is an abuse of process as most of the claims are the same as in the 2009 Statement of Claim.  Any new allegations or parties the plaintiff wanted to add should have been done by way of an amendment to his 2009 Statement Claim.  The two-year limitation period bars the plaintiff from adding these new parties.

4.     With respect to the parties M. Campbell and T.A. Patterson and Associates, the Statement of Claim does not disclose a proper cause of action against them.

[2]       Order to go:

1.     The Statement of Claim is struck without leave to amend.

2.     Costs payable to the defendant, Reg. Munic. of York Police Services Board and B. Hird, fixed in the amount of $2,500.00.  Costs payable to the defendants, M. Campbell and T.A. Patterson and Associates Inc., fixed in the amount of $500.00.

3.     Approval of order by plaintiff dispensed with.

 

 

________  “N. M. Mossip”_________

Mossip J.

CITATION: Ferron v. B. Hird et al 2011 ONSC 7625

COURT FILE NO.:  CV-10-004628-00

DATE:  2011-12-14  

 

SUPERIOR COURT OF JUSTICE - ONTARIO   RE:                     Wayne Ferron – and – B. Hird et al   BEFORE:   Mossip J.   COUNSEL:  Wayne Ferron, Self-represented, Responding Party                                J. Heeney, for T.A. Patterson and M. Campbell, Moving Party                                K. Kirkpatrick, for York Regional Police, Defendant, Moving Party   ENDORSEMENT      Mossip J.

 

 

 

 

 

 

 

 

 

 

 

 

___________________________

Wayne Ferron

17 February 2015

 

FINAL

REQUISITION

TO AN UNEQUAL JUSTICE SYSTEM