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Butt Has Been Kicked (IMO Anyway)

Sat, 29 Sep 2012 17:30:50 -0700

I'm still exhausted from the "adventures" of yesterday which saw me driving into Vancouver off the 7:30 am ferry and appearing in the Supreme Court there to oppose the Application for a Stay filed by my landlord's lawyer.

When the transcript of the hearing is available, I intend to purchase it, if for no other reason than that I never forget the memorable statement made by the lawyer who appeared to represent her client. It was offered (if I recall correctly) as a defense for not having served me with notice of the hearing. What she said was basically that it was difficult to serve me because I don't have an address.

[ Which is true, I do not currently have a physical address. But that is the doing of her client. My irony loving brain was hooting and slapping its thighs with mirth, but silently because we were in a court room after all ... ]

A second reason to get the transcript is to re-read the portion where that same young lady wholly misrepresented a statement I had uttered during the proceedings. I reacted immediately and so did the presiding Judge. I had stated the exact opposite of what this woman purported was the case. The Judge was very unhappy with this lawyer even before the hearing started (gathered from the opening gambit which departed dramatically from what I have been told is the norm) and this incident did not garner any points.

So, while I have been congratulated by my legal adviser and even the senior lawyer at the organization who have provided pointers to me this week, I have to say that although butt was definitely kicked, it was not my doing. All I did was miraculously appear at a hearing for which I was given no notice (thanking my lucky whatever again!) and answer honestly the first question of the proceeding: Where are you currently living?

My legal assistance folks were astounded by the news I had for them after the hearing because (as I have often been told when engaged in disputes with others whether legal or otherwise and also in my technical career when I proposed something I thought both possible and advantageous): this never (or rarely) happens. In the technical arena it was more of the "that will never work" flavour but same general sentiment: impossible!

I've created a new Google Docs folder just for the Order for a Stay documents now. Read them and be astounded yourselves.

Caveat: the game is not over. This inning won't be ended until Monday, October 1st. That is the day that will tell the tale of whether I am moving into the house I rented this week or later. The determining factor will be whether or not all the terms now attached to the Order for a Stay are met. The other side is at bat now.

[ I think that fits with my sports metaphor. If not, please excuse the lameness. I did mention I am exhausted earlier and it's not just my body. ]



How Much More Interesting Can Things Get, Anyway?

Thu, 27 Sep 2012 15:06:52 -0700

If I'm involved, things can get much more interesting it seems. Also: sometimes I am the recipient of unanticipated good "luck" or fortunate "coincidences". [cf. Jung on coincidence FYI] My readers may or may not be aware that I have been embroiled in a legal dispute for a couple of months now. It is a matter that the Residential Tenancy Board of BC made a ruling on and agreed with my claim that I have the right to reside in the property for which I have a written tenancy agreement. When this is the case something called an Order of Possession is issued by the RTB with a date by which the property is to be placed in the named person's possession. In my case, the RTB issued this Order on August 7, 2012 and named me as the person to whom possession of the rental property was to be surrendered. The Order is enforceable after October 1, 2012, and only if the premises are not in my possession on or before that date. The Dispute Resolution Officer who ruled on the matter set that date because the landlord had rented the premises to other tenants before the RTB had made a decision regarding our dispute. [ The RTO is quite busy; it can take several weeks from the time an application for a hearing is made before it is heard by a DRO. ] The DRO wanted to take into consideration the fact that the landlord would need time to give proper notice to the current tenants that they had to move out. Almost two months' time was given for this to have been done by the landlord. A couple of weeks ago, I was served with a Petition for a Judicial Review of the decision handed down by the DRO in August. The respondent (me) to such an action is given 21 days in which to file a response and avoid a default judgement. I've been working on getting information and documents in my possession organized and sorting out how all of this is to be accomplished, this all being new territory for me. Since I was required to be on the mainland yesterday for a medical appointment, I decided to drop by the Supreme Court Registry (JR's are heard by Justices of that Court BTW) to see if any new documents had been filed. Indeed, just the day before a new affidavit was filed by the landlord's lawyer. Obviously I had not yet received a copy which I was told by the Registry staff would very likely be mailed to me by the lawyer. I happened to ask a few more questions about how and when I would know different things had occurred. Or NOT occurred, this being the difficult part of things in my mind: how to know something was NOT granted. Like the interim stay that the petition requested but which had not yet appeared in the list of documents attached to the file. If granted, an interim stay would prevent me from enforcing my Order on October 2 which it seemed to me was going to be necessary, since the filing of the JR indicated that the landlord was not about to surrender the property into my possession voluntarily. The timing of things is rather interesting (at least in my mind), because the landlord has left things late enough that the date by which I must respond to the JR petition is past the date the Order becomes enforceable. This means if an interim stay is NOT granted, I will be no longer sleeping in my truck after say, October 3rd. [ I am looking forward to this not-sleep-in-the-truck since it is getting cold at night now. ] If you are on the mainland and a party to a file, you can view the documents in the file at the Registry for free. When I am not on the mainland (which is more likely the case, of course), I can view the documents online (anyone can as far as I know) but there is a small fee levied each time you request access to them. I had already done so twice and took this opportunity yesterday to view the contents for free. I am so very glad I did. And happy for whatever forces create these "coincidences". Because I learned that there is to be a hearing of an Application for an Interim Stay at the Supreme Court in downtown Vancouver this week. [ Uh huh! ] This Friday mornin[...]



Sign Up NOW to watch "The Rumble In The Air-Conditioned Auditorium" web event.

Tue, 18 Sep 2012 11:07:53 -0700

Opened my email today to find a message from a wacky but wonderfully off-the-beaten-track friend of mine. Well, "message" is overstating things a bit. The body of the email contained just a link to Time's blurb about the upcoming, epic event named in the title of this, the first post on probative since becoming re-wired to the web yesterday.

I'm including the promo video from Youtube below, but please waste no time signing up for this affordable, history-making experience (which will be history on October 7th, so no time to waste.) Go first to the main web site and plunk down $4.95 USD.

[ Wait just a second ... I haven't investigated whether there are regional restrictions on the broadcast. I hope not. I'll be very disappointed if we here in Canada cannot enjoy this as it happens. Let's presume there are none for now, shall we? Good. ]

To sign up, goto (yuk yuk) O'Reilly vs Stewart 2012.

Tum ti dum. Dum di dum. [ Patiently awaiting your return ... ]

Okay. Here's the promo from Youtube as your reward.

width="420" height="315" src="http://www.youtube-nocookie.com/embed/48Bi9TKESkI?rel=0" frameborder="0" allowfullscreen>





[edited to resize embedded image - twice to get it right, gah!]



Seabees Had It Right
Because life's like this right now here at probative, all I have time for is this bit of history by way of explanation. Talk to you later, folks.

(image)


Image © U.S. Navy Seabee Museum









[flickr photo page also states: Rights Info: No known restrictions on publication. if my sharing this here is a problem, please notify me by email and I will remove it as soon as I can. thanks.]