i've also received some further clarification that the divisional court in toronto is for real closed - that there is nobody in the office, phones aren't being answered, etc. it's closed, closed, closed.

*shrug*.

i have to ultimately get the judge to look at the evidence, and i don't think he actually did. it feels more like they're trying to make some kind of sophomoric point about consent - as though human rights legislation doesn't exist, and all of these clauses about filing without notice aren't meaningful.

consent is a nice idea, but it's not what our laws are written around, and i would not agree with you if you were to argue that it should be. i can come up with a thousand examples where insisting on consent is unjust, or even doesn't make any sense.

i'm suing the police for harassment - it's not a situation where consent motions are reasonable, it's a situation where i want to prosecute them as aggressively as i can. we're not in a cooperative relationship; they are my opponents, and the trial that follows will be adversarial in nature, through as many appeals as is necessary. there is no compromise at the end of this, the court must rule, and somebody will be wrong when they do. it's a civil case, but it's a rule of law issue, and the ultimate outcome i'm seeking is that charges be filed against the officer.

so, i filed a motion under 38.0.6. you can look it up. it's very specific. it doesn't require notice, and it doesn't stipulate the need for consent. it's the staff that fucked this up; all evidence suggests that the judge never saw the motion. but, the ruling is essentially that i file under s. 37 instead of s. 38, which is just sort of blatantly stupid. so, what i'm going to need to do is file a motion under s. 37 to ask the judge to comment on the validity of s. 38. and, we can do this with notice, if we wish to waste everybody's time - but, in the end, we will need to file this properly under s. 38 like i did in the first place, or not file it at all. but, if the judge won't accept the validity of s. 38.0.6 - a rule in the book - i think he has the burden of proof to explain why not. so, i'll give him some slack on his bad legal judgement because i don't think he saw the motion, but i have filed a complaint with the cjc (which has been received and is under review) for refusing to look at the data. and, we'll see what they say about that - and whether i have grounds for appeal to the divisional court, if it justifies it. if this drags on, that might be the best way to get a new judge....at the least, he's going to have to excuse himself, due to a conflict of interest, for right now.

i also filed for leave under rule 61, which asked for the consent of the court, which was required to file a document that has no specific place in the rules; there is no set of rules to follow regarding how to file a reply factum. the court instructed me to ask the parties for consent, but the issue at law is if the court consents, and not if the other parties do - the court can decide i can file if i get consent, if it wishes to evade the issue, but it doesn't change the nature of what the actual legal question here, is. and, as mentioned, it comes off as kind of sophomoric and childish.

worse is that i can get all the consent in the world, and it won't matter, because i can't legally consent, myself - i will need to present the issue to the judge and have them rule on the matter, regardless, because i am legally disabled. my consent is irrelevant, in context.

so, the immediate issue in front of the judge when this issue comes back is to have the court acknowledge that i cannot sign the legal consent form required to file a consent motion, and will need to put any and all such issues in front of a judge, to rule, due to my legally disabled status.

as mentioned repeatedly, the weak link here is the coordinator, who keeps filing everything incorrectly. i am entirely confident that i filed both of these motions correctly, but i can't do the coordinator's job for her, and if she's going to misrepresent or falsify motions then i just need to gather the evidence for the judge. this will eventually come out right, in the end.

right now, it's looking like my hearing will need to be rescheduled, and my bus ticket won't get refunded. i'd be happy to exchange it. so, i'm going to ask about extraneous conditions.

but, if i'm stuck with the ticket, i'd might as well go in with as many motions as i need to get this fixed - and i'm a lot harder to misrepresent when i'm standing in front of you.