NSRLP’s Summary Judgment Research Report

NSRLP’s Summary Judgment Research Report

Described by one media commentator as “groundbreaking”, NSRLP has released its research report on how summary judgments are being used to dismiss cases involving SRLs before they reach trial. While the courts must struggle to weed out cases without merit, the numbers we discovered when we dug deeper into the CanLll database raise a serious access to justice issue. Setting aside cases where litigants are described as “vexatious” or where there are indicia of “vexatiousness”, the number of summary judgment procedures brought against SRLs has risen by 800% in the last ten years – and the success rate of applications brought by represented parties against SRLs is 95%. You can read the full report here and Julie’s blog summarizing what we found when we dug into the CanLII data here

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Comments (42)

  • Larry E Doucet

    The whole sydtem is corrupt and designed for the rich it’s all about making lost of money really quick not care who they wrongfully convict,money first and justice after,I how wrongfully convicted kick out of my own house because of somebody’s else wrong doing
    robbed of 100,000,$ our courts are just as bad as the Nazi regime if not worst it’s all for the rich,to many educated thiefs

    November 26, 2015 at 4:45 pm
  • sudokutea

    LEGAL HISTORY
    2 LAT Decisions heard IDENTICAL Summary Judgement motions by an unrepresented person.
    8138 v. Tarion Warranty Corporation, 2014 CanLII 30037 (ON LAT)
    8138 v. Tarion Warranty Corporation, 2013 CanLII 92890 (ON LAT)
    Both dismissed even WITHOUT any evidence or arguments by opposing lawyers.
    In fact even WITHOUT a hearing.
    Can anyone PLEASE see something WRONG here?

    November 26, 2015 at 4:53 pm
  • Sue Rehel

    Hmm, not surprised, I experienced the same tactic and also on numerous attempts was called vexatious, when in-fact it was hired counsel behaving as such. Time for the law societies to take a VERY CLOSE LOOK at what they call professionals!

    November 26, 2015 at 5:37 pm
    • Barb Kueber

      Oh, I concur!

      November 26, 2015 at 7:54 pm
  • Allen

    Somehow I never asked why set aside those cases where litigants were declared vexatious? From where I sit, that is even a more deadly tool of judicial abuse that brings about even more serious access to justice issues in this country. That in and of itself deserves a study that looks at how and why people are really being declared vexatious. Being declared vexatious, use of summary judgement and striking rules and ordering security for costs are some of the most egregious wrongs done to SRLs in this country and definitely in Alberta. I was declared vexatious and just about every person I know declared vexatious in Alberta, there were serious questions of abuse. Add tot hat that judges have proven incapable of reading those simple court orders (VLOs). The Act itself is constitutionally vague and overbroad and should have been struck already.

    Some of the VLO declarations in Alberta: Victoria Wong was a dependent adult (under someone’s guardianship at the time) when she was declared vexatious. The judge ordered a $10, 000 security for cost deposit from her (he knew she got a settlement from her accident that caused her head injury). Without any medical evidence he declared her mentally fit (off course just so he can commit the robbery). I could go on and on

    Dr Brian Chutskoff was an 85 year old ENT Surgeon who was executor of his rich uncle’s will. he gave the uncle’s girlfriend (whatever other name they call her). He gave the uncle’s girlfriend the money stated in the will but she said that was not enough.and fought the estate for more. Dr Chutskoff decided to resist the order to give her more about $300,000 but the judge apparently felt that his order should not be resisted and so he declared Dr Chutskoff vexatious and not only that, he imprisoned him for 2 long months ordering the imprisonment right there in civil court. The man was grabbed and taken down the back steps and off to jail for 2 months. The other executor, his daughter would have been imprisoned too but she promised to pay the “girlfriend” the $300,000. Dr Chutskoff has only had one case in court ever and it was someone who took him there. Where do judges get off thinking their orders cannot be challenged?There is no worse bullying and that was abuse of the worse kind. .In Alberta now to appeal a judge’s order the appellant has to get that judge’s permission first and most appeals in any event is by leave at the Court of Appeal. It is fair to say, they do not grant leave to SRLs

    Another gentleman (can’t recall his name right now got old and his 2 daughters wanted to take hold of him and his possessions.They took him to surrogate court and he tried to fight for his right and defend his dignity. He filed just one application and judge Shelley declared him vexatious. So his daughters got him and his possessions just like that. The question on everyone’s tongue was, if he is mentally incompetent, how did he manage to file his own application and properly enough that the judge understood it? Of significance in this case, was the part of doctors in the abuse gang. One has to have experience of having an older relative to see how doctors swarm around them like be to honey. So in this case the gentlemen could not get a doctor to give him documentation of his competence. One declared him incompetent and so the others just lined up behind that one. SRLs are fully aware of the alliance between judges, lawyers, police, social workers and doctors. Those who refuse to acknowledge this alliance will surely fall prey to them

    The Derrick Johnson case and those that spin off from it came about because a citizen exercise his Charter right to offer a much needed service and make a business of it. They help people save their homes from bank foreclosures. They pay out the bank and the person repays them over time. What is so wrong with that? Well judges and masters (yes those senior clerks who think they are judges- one of them even seized a woman’s case. I’m going to die laughing about that) decided to defend big business over smaller ones and big bank over anyone who dared to get in the way of a banks advantage to disposess people who come up on hard times. Based on what I see with my own two eyes in Court, somebody is getting rich unfairly and it could be a ring of person rather than just one person. Also based on a certain case that I know of, there is a house stealing ring operating right there in our court and I dare any body to challenge me on that. I can get file number and all. maybe if they look at this particular case, the CJC may just go and apologise to that judge they removed from the bench for saying prosecutors violated the charter more than the number he gave times. That judge then freed the woman in Ontario who supposedly killed her lover. Theer are so many instances of judicial abuse and plain crookedness in this particular case as pretty much the whole court house ganaged up to keep a poor woman quiet after their friends stole her house. It is a plain case of theft

    In my case, I filed quite a number of cases and everyone seems to think that in and of itself makes me vexatious. I never lost any of those cases until the declaration that allowed judges to come with their own take on what I am. Prior to my declaration I overcame summary judgement applications, security for costs applications you name it. I even got a judge to issue a gag order on the school board and minister when they tried to deny my child an education. That scared the lawyers and judges. I am all over the Civil Procedures Handbook and guess what it says? It says my cases are “sincere” and in the decision that declared me the judge himself said I was never malicious. To this day not a single case was declared vexatious.So tell me now on what grounds am I vexatious. To begin with for an application to get off the ground the applicant has to prove that the case against them is vexatious but all that goes right over the whole cohort of Alberta judges. A judge can make their own application, “upon notice to the AG”. No notice was given tot he AG in my case. In Dr Chutskoff’s case, the judge declared him vexatious then give notice to the AG who off course can do nothing for which lawyer dares to take issue with a judge’s order? The gentlemen in Judge Shelley’s case, the AG got notice after the fact too. In fact these days, the notice is given to the AG after the order is given. Our AG has sold out our rights by having this UNLAWFUL arrangement with judges.

    When I came to Calgary I walked from lawyer to lawyer for years trying to get a simple thing dealt with. They felt my issue would just work itself out (not that I did not have a triable issue). The last thing happened was after like 4 or so years, legal Aid eventually assigned me a lawyer and sent my case to one firm. I never heard back from legal Aid or the firm. It is over 20 years now and it never worked itself out. I lost 20 years of my life and counting. I am still trying to get an extradition order out of it

    There are many other instances of fraudulent Vexatious Litigant declaration in Alberta and people should NEVER assume that the litigants declared vexatious are really vexatious. When people start to see the crookedness in courts for what it is, we will get a justice system.Right now we have none and the most corrupt court I have seen is the SCC. John Carten and all those others who write about the courthouse crookedness and SCC corruption are right on the money

    November 26, 2015 at 6:22 pm
  • Robert Harrison

    Don’t hold your breath waiting for the Law Society to help a lay litigant. Not ever going to happen.

    November 27, 2015 at 8:12 am
  • sudokutea

    some comments are “awaiting moderation” = some are more equal than others

    November 27, 2015 at 4:52 pm
  • Navin Joshi

    I have become a victim of such systemic abuse of power and authority spanning over 29 years where our justice system used every opportunity to flush out the matter by showing contempt for the law, the Charter, the Rules of Civil Procedure, the ruling of the Supreme Court of Canada and perverting the facts. That is obstruction of justice. Unfortunately, that is the state of our justice system today.

    November 28, 2015 at 7:24 pm
    • sudokutea

      VERY TRUE
      VERY SAD

      November 30, 2015 at 4:54 pm
    • sandra olson

      this is exactly what happened to me. I now have new evidence to support my case and the judicial system, the police, the freedom of information office here in BC, and the dna lab hiding the evidence, have all got copies of the documented fraud. perjury etc, by the lab personel. etc, no one is saying a word. not one. lets all pretend this professionally produced report does not exist. no comment. I even had Vancouver general try to tell me they could not locate the file. no file exists. there is no depth I have found that this corruption does not sink to.

      November 30, 2015 at 9:08 pm
  • brenanytimeprofits

    I’m just at the beginning of making a Statement of Claim. Reading this has plummeted my hope of success. Is there any other means of getting some kind of restitution against a M.D..

    November 30, 2015 at 5:55 pm
    • sudokutea

      Please do not lose hope
      Help is available – CONTACT ME

      November 30, 2015 at 6:29 pm
      • Navin Joshi

        Please let me know where to find help.

        November 30, 2015 at 7:26 pm
      • sudokutea

        canlii.org is a free legal database.
        contact me a houseshams.com – email the admin

        May 18, 2016 at 3:11 pm
    • ntjoshi

      Don’t bother unless you can retain a powerful lawyer. Else you will become a victim of our corrupt justice system. You are better off saving the expenses of filling a claim than to become a victim where you will lose your peace of mind and incur heavy court costs every step of the way. When you go to court nothing matters. Not the facts, not the law and certainly not the Charter. Believe me I have been there.

      It is better to live with a breach of contract or to lose a few hundred dollars than seek justice from a justice system where there is no rule of law to protect the self-represented party. You will save save yourself a lot of grief.

      November 30, 2015 at 7:44 pm
    • Robert Harrison

      Your first action must be a complaint to the College of Physicians. Then judicially review that response if necessary. Use the response to file your Notice of Claim. Email me directly at emailrobharrison@yahoo.ca and I will help if I can, no charge of course in case the corrupt Law Society is watching. ha ha

      December 11, 2015 at 6:27 pm
      • ntjoshi

        Hi Robert,

        Do you know a good constitutional lawyer. I need one to protect my Charter rights.

        December 14, 2015 at 3:43 pm
        • Robert Harrison

          Ntjoshi, You need an administrative lawyer to ensure the government has complied with statutory duty. If the gov has complied, your only hope is to file a claim that they failed a duty of care. Email me and we can discuss more specifics.

          December 14, 2015 at 9:56 pm
          • ntjoshi

            Thanks Robert. It is not the government but rather our justice system who failed to uphold the statutory law. I have been robbed protection and benefit of the Canada Labour Code and the Canadian Human Rights Act when the defendant deceptively claimed that my unjust dismissal and not offering me Risk Analyst position were identical complaints.

            In the differential treatment case I was not offered the Risk Analyst position for which I was better qualified. In the unjust dismissal case I was dismissed for not making “significant improvement” to my work when I did not receive the mandatory training necessary to perform with 96% accuracy and was not better fit.

            To deny me protection of the law the Federal Court and the Federal Court of Appeal showed contempt for the facts and their own rulings, while it selectively picked irrelevant case law to justify their decision. The Supreme Court does not want to hear the appeal.

            December 16, 2015 at 1:39 am
      • sudokutea

        It takes a lot of work to research and prepare legal submissions.
        I too am willing to offer help bundyszabo@gmail.com

        December 14, 2015 at 4:27 pm
      • sandra olson

        i may have said this to you before, but I will repeat, dna labs are NOT regulated by anyone. they do not fall under the college of physicians and surgeons. I have filed a statement from the college in which they say that while they refer to geneticists as “doctor”. it means they have a doctorate, they are not doctors, and so do not fall under the college. even if they did, the college is not there to protect us, it is there to protect the doctor, contact your own college if you want to clarify.

        May 20, 2016 at 1:15 am
    • sandra olson

      i have found that people in the medical profession, or as in my case, the genetics industry, all support each other even when it requires them to produce perjured testimony. since no one is watching them, there is no regulatory body that exists for the genetics industry, and the medical industry is self regulated, not much difference really, there is no one to take your case to, but the courts. My experience with the courts has shown almost no regard for following the law, and a sort of affiliation with the medical people. Bonding really. Be careful, while some may claim to be completely independent, no one really is.

      April 18, 2016 at 5:46 pm
  • sandra olson

    I invite anyone interested to go to my you tube site, just punch in Sandra olson dna fraud errors. it will come right up. on there, just posted is a connection to my facebook page where I have posted the entire dna review report prepared by Dr McDonald for me as a court review of dna testing done at vgh, Calgary childrens and helix biotech, currently named, orchid cellmark, interesting reading, I should also say that the dna industry is not regulated by the college of physicians and surgeons. they have a doctorate, but they are not medical doctors. I have a letter from the college of physicians and surgeons on this matter in the court file. they do not regulate in anyway, the dna industry or labs engaged in dna testing. there is, as I said, no regulatory body, no standards that can be verified, and no clinical trials to verify any of their accuracy claims. there is no recording, or investigating of any inaccuracy. so no records of actual error are ever kept. invisible claims of reliability

    December 15, 2015 at 4:26 am
  • Injustice Connect

    Thanks – great stuff – Do you have anyone still in Oz we could send some info to on the same topic SRL’s? I gather masses of info via our websites our IT lady is going to update & improve after Chrissy) but its going nowhere really. Not sure if you are aware of Chairman Peter Harris Productivity Commission Report on Acess to Justice but what he said is just so significant – ie that many important findings and recommendations by committees are ignored by governments in favour of lobby groups and powerful interests. and are just “gathering dust”. Things are particularly bad in Victoria because many larger firms either already have or hope to receive contracts from government departments – relatives of the AG work in the Legal Services Commissiners office and community legal centres are being threatened with non renewal of contracts if they speak out or help individuals complaining about “the system” in cluding being told they are not to send submissinsto law reform inquiries! ding ding.

    On Fri, Nov 27, 2015 at 2:53 AM, The National Self-Represented Litigants

    December 17, 2015 at 4:35 am
  • ntjoshi

    Though this is great stuff it is only the tip of the iceberg. Nothing will happen if the victims don’t come forward. Our justice system is systematically abusing its power and authority to defeat justice simply because a party is self-represented. It is abusing the Rules of Civil Procedure and using costs as a weapon to dismiss the claims. The victims these crimes must rise up and take this matter to the top.

    December 17, 2015 at 4:32 pm
    • Robert Harrison

      The real villain here is the Law Society which is of course the Province in disguise. It’s a catch-22. You need a lawyer to bring the issues regarding SRLs to court, but the lawyer is vulnerable to the Law Society which does not want SRLs to destabilize its cozy little monopoly. If people gain the ability to be an SRL, lawyers will have to compete by lowering their fees and the Law Society will not be able to gouge, threaten and intimidate the lawyers. The only way for SRLs to gain respect from the courts is to have a public body whose sole role is to protect the lawyers and the public from the Law Society. In this way, a lawyer cannot be sanctioned or suffer any adversity for campaigning in favour of SRLs. As it is, you won’t find a lawyer to take on that role because it would be a career killer.

      December 21, 2015 at 8:28 am
    • niclal

      your take is not only factual but socially, morally and politically right !!! nothing changes if no one speaks up …. the road to reducing abuse in our systems is simply muddy, unpaved and full of scandalous disclosures …but must be built …

      April 18, 2016 at 3:55 pm
  • sandra olson

    i agree, but who is the top. take a complaint about the abuse of the courts, to the courts? who do you think would win that one. so who is the top.

    December 18, 2015 at 3:02 am
    • Robert Harrison

      Enforcing compliance with statutory legislation is the only way to ensure fairness in the courts. Courts are required to comply with the law and the law is required to comply with procedural fairness. The top is supposed to be the MLAs who enforce compliance with legislation. But the politicians only need one vote at election time to keep their jobs so they don’t often care much to do something that they don’t have to. The ‘top’ is your MLA.

      December 21, 2015 at 6:53 pm
      • sandra olson

        i have spoken to both my federal and provincial mla. everyone in the new liberal government has also been sent a copy of the report prepared by dr McDonald as well as my description of the summary judgement problems and all the legal bull that has occurred. I called the freedom of information Canada,, they refuse to look at this as it happened before their legislation existed, I sent the copies of everything to the rcmp, it is currently being reviewed by the civilian oversight body as the rcmp refuse to look at or comment on this matter. I have provided more then enough evidence of fraud, perjury, fraud upon the court etc etc. so once again,,, who is “the top”

        December 22, 2015 at 3:17 am
        • Robert Harrison

          Hi Sandra,

          Okay look. A public body that refuses to help can be forced to help with a simple court application. For example, if the RCMP refuse to open a file and you believe they should, you can prepare a 30 min application explaining to the court that the RCMP are required under such and such legislation to deal with a particular problem. What would happen is the RCMP are served with notice of the hearing and they would either attend or not attend. If they do attend the court may decide some other public body should deal with the matter or the court might decide the RCMP must comply. The RCMP may not attend in which case the court could make an order forcing them to comply. If the authorities are not paying attention when you think they should, the only way is to take them to court and explain to the judge the appropriate legislation that you believe applies. If the judge believes you, the judge might even order the RCMP pay costs of the application. Not that big a deal.

          January 2, 2016 at 11:27 pm
          • sandra olson

            thank you so much for this. I have sent a copy of Dr Mcdonalds report to the attorney general of BC. they claim they are sending it again to the rcmp for a review. if they do not investigate, when the report clearly indicates illegal sharing of data between labs false claims of testing that could not be done on a child of my daughters age and size due to limitations on blood being able to have been obtained from her heel, in 1994, when large samples were needed. all the dates on the report were wrong. etc etc and finally, the testing from Calgary. is definitively not hers, and so, not mine. outright fraud. and it was ordered by the court to determine parentage. so it is actually fraud on the court. if the RCMP do not investigate, I will take this avenue you propose. if the legislation you refer to comes to mind, please let me know. or even where I may locate it.

            January 3, 2016 at 8:05 pm
      • sandra olson

        I appreciate your comment below on how to take this matter to court in a half hour application, I would like to do this, but will require some help to do it. I am one of the persons who has been declared vexatious and barred from court by summary judgement request from opposition lawyers. I am in Chilliwack BC. if there is someone you know who could help prepare such an application. I would appreciate a referral.
        thank you
        sandra

        April 18, 2016 at 5:54 pm
    • sudokutea

      who is on top? Our Parliament and Supreme Court tells us no one is above the law. Google no one is above the law and help.

      December 22, 2015 at 5:27 pm
      • sudokutea

        Mr. Harrison: You wrote a PUBLIC BODY REFUSES to help – 30 minute application. I also read your article on BC Ministry. Can you please elaborate?
        It sounds like you are advocating an application for MANDAMUS – yes? In Ontario, it would be in Superior Court.
        If someone were to try that – a word of caution – one can incur substantial adverse costs.
        The road to Justice is very difficult and I am willing to help anyone, but we must look at all sides.
        A full discussion of this type of application is in everyone’s interest.
        FWIW I am pursuing civil(mis/malfeasance) and criminal(S122 brach of trust) paths to try and hold public officials accountable.

        January 3, 2016 at 8:18 pm
  • sandra olson

    i did include the province of BC, the various judges who were openly abusive of me and dismissive of my case without following the rules of court, and some particular lawyers who slandered me in open court, in my last court filing. when it was read in open court it was with shock and disbelief by the judge. who arrogantly told me that i could NOT sue the judicial system judges or the province. and then he proceeded to disregard my entire case again,.

    December 21, 2015 at 4:40 pm
  • ntjoshi

    That is the issue. The problem with our justice system is the lack of accountability. Our judges know that they are above the law and that no one will question their deplorable conduct. Thus they make up their own rules based on the outcome they want. I was ordered to pay $500 costs for using the word “misled” in the court documents and the instructions came from the legal counsel who had misled the court that he had no documents to disclose. How can you blame the Law Society for the judge’s deplorable conduct?

    The problem lies with the Canadian Judicial Council and the Law Society. None of them are fulfilling their duty with due diligence, honesty and integrity. They are both sweeping the complaints under the carpet and finding any excuse to deflect the complaint. In this case, both the judge and the legal counsel should have been repreminded and fined for their disposable conduct. Instead justice was perverted when my claim was dismissed for nonpayment of $500 costs. The use of the word “misled” denied me justice and cost me $7,500 in court costs.

    Recently, in July 2015, the Superior Court of Justice ordered $5,000 costs against me for a simple argument that the “court did not have jurisdiction to set aside the costs”. Though Superior Court has the jurisdiction and duty to set aside the costs where warranted, it refused to exercise jurisdiction because the opposing legal counsel said so. In so doing the Court showed contempt for the Rules of Civil Procedure so as to defeat justice. Thus my appeal which I had perfected and was scheduled to be heard on November 27, 2015 was deafened through abuse of process and abuse of power and authority.

    Judges are accountable to the public as Chief Justice of the Supreme Court of Canada recently said however, we do not have an effective and honest body to investigate the abuse of power and authority in our courts. The Canadian Judicial Council (CJC) who is supposed to hold our judges accountable is simply a dummy and ineffective institution. It has no intention of holding the judges accountable for their conduct.

    CJC is simply a club for judges run by judges. Its mandate is to give the public a false sense of judicial accountability when none exist. The Government of Canada needs to take the leadership role and establish an independent body that reflects the fibre of Canadian society and not only the elite white institution that is prone to collusion and conformity.

    December 21, 2015 at 5:11 pm
  • sandra olson

    a truer commentary has not been written. we are a large mass of the truly abandoned by the law. then to make things worst, AFTER being abandoned, the courts will come after you to victimize you for having the gall to expect them to allow you to speak at all. now anyone tell me, which government body is going to do something about a government body victimizing the public and punishing them for applying for their rights.

    December 24, 2015 at 5:26 pm
    • sudokutea

      SO EASY to believe you! Anyone who goes to court understands this “bonding”
      Justice is now a joke! Thank you Politicians – our lawmakers…

      April 18, 2016 at 9:12 pm
  • Robert Harrison

    Sudokutea, yes you could incur costs if you are not correct in your application. The point is, how strong do you believe you are right? While getting a rogue judge may be a gamble, more than likely if you are respectful and have a strong point a petition should be dismissed without costs. Costs for judicial review are only available if the petitioner or the respondent has acted in bad faith. See Harrison v. British Columbia (Information and Privacy Commissioner) 2009 BCCA 203

    January 4, 2016 at 6:54 pm
  • Robert Harrison

    Sudokotea, Either you apply for judicial review or you rely on pleading for voluntary assistance. Good luck with that. If you are afraid of a costs order, then you have no business complaining about your problem and you don’t have a case. If you believe in the facts of your case, you don’t stop because of costs.

    April 18, 2016 at 11:19 pm
  • Navin Joshi

    Our institutions and courts are there to serve the rich and the powerful. Unless you have deep pockets and influence forget about justice and equality. It simply does not exist in Canada despite the Charter of Rights and Freedoms.

    Our institutions and courts are free to defy the laws and facts and there is nothing you can do because they protect each other. Your only hope for justice is if you can retain a powerful lawyer. In my case the adjudicator appointed by the Ministry of Labour to hear my unjust dismissal complaint pursuant to the Canada Labour Code refused to hear my complaint and instead chose to hear the opposing counsel’s fraudulent claim that he did not have jurisdiction to hear the complaint because it was identical to my human rights complaint where I was not offered the Risk Analyst position.

    Following that the adjudicator assisted the opposing counsel to blackmail me to agree with the counsel’s perverted interpretation of the Canadian Human Rights Act to stay my complaint. Since the adjudicator was corrupt I had no choice but to agree with the opposing counsel’s attempt to make its own law to defeat justice.

    Unfortunately, our corrupt justice system embraced the opposing counsel’s attempt to pervert justice whereby it showed contempt for the Canada Labour Code to defeat justice so as to favour the opposing counsel. In essence our justice system rewarded and aided and abetted the opposing counsel for perverting the course of justice. Our justice system has no regards for the rule of law and the facts. It dispenses justice based on power and influence.

    April 19, 2016 at 12:51 am

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