Rules of Procedure

Well its been a long time since last I wrote. Since my last blog I have been to court various times for various reasons at various levels. I have been to the Landord and Tenant Tribunal, Small Claims Court, Family Courts as well as criminal. If I have ntoiced one thing that is inherant at all levels, is the complete disregard by those given the power to make decisions, to not hold those accountable who do not follow the rules of procedure or at the very least flaunt their total disregard for the procedures simply by attempting to circumvent these procedures, more specifically, not filing something within the prescribed time alloted or cancelling a date, only because they do not like the judge presiding that day.

I had no problem attending a court date to argue costs. Problem I had was that the date that was originally set, was cancelled by the other side, or so I thought, by simply hand delivering, on the night before court, a letter stating they were not pursuing costs at that time. Only to find out that the date went ahead without me and the other side simply scheduled a second date, with a judge that they preferred, to argue costs. The letter they hand delivered to me was completely different than the one they provided the courts indicating they were not pursuing costs. On top of that, the courts had origianlly forced the other side by serving them a Form 39, which simply put, means that if they do not schedule a date to argue costs within a prescribed time, then they could not make motion for costs. So they did schedule a date, only then to, at the last minute cancel it stating they were not going to pursue the matter, then getting that through the back door, bought themselves more time (they already had 9 months) and to in essence get the judge they wanted not the judge scheduled for that original date. I tried to hold them accountable via motion, but it was denied. So much for the Rules of Procedure. I think that for those who have the money, these are the games they can play because they can afford to play them. A lamen like me who has but a simple and perhaps a better grasp of law, just cannot afford to play these types of games. Courts tend to be a rich man's world. I try and will continue to try and hold those accountable when need be. But when you get decisions and those who flaunt the rules making the same decisions you will continue to get the same decisions. Until someone with power decides to make change, nothing will change.