Monday, March 16, 2020

to be clear about the complaint...

i filed a motion under 38.06 (1) back on january 31st:

38.06 (1) The notice of application shall be served on all parties and, where there is uncertainty whether anyone else should be served, the applicant may make a motion without notice to a judge for an order for directions. R.R.O 1990, Reg. 194, r. 38.06 (1) 

i was told i need to serve the respondents and file an affidavit. she was wrong, but i did it anyways.

then, she sat on it for months without scheduling it.

she eventually scheduled it on the 10th of march, and claimed there was no affidavit. but, she told me on the 10th of february that she received the affidavit.

so, the coordinator badly, badly fucked the thing up, to the point of lying to the justice. then, the justice responds to the motion by telling me to file an affidavit.

i filed a fucking affidavit; the coordinator refused to attach it to the motion.

so, i responded to the motion with the facts, expecting the coordinator to be forced to refile the thing.

initially, i was told that issue was before an administrative judge and to call back today. but, then i get a second ruling basically telling me to obey the ruling of the judge.

for the first run through, you can't blame the judge. if the coordinator files a false motion, you have to get the facts to the justice. but, when the justice refuses to listen to evidence and upholds the lie instead, that's a problem, and the basis of my claim of misconduct.

so, i'm going to also produce a motion to order the coordinator to find the affidavit.