Monday, February 04, 2008

Investigation of PERJURY ?? Need Help.?

The Perjure at trial were : Heather lee Pugh,

John,S.Raymond, and one of my owned Expert

Qualifications of my Accounter in court as an expert - Mr. Gerald Withers.

Trial Division Exhibit List.

A-6 the point here is you must be Qualified to lie, and miss-lead the Judge at Trial as an expert witness!!!!

Richard Harris must start a
Personal Injury Litigation" Because there will be no relief at the Appeal court on February 13,2008, at 10.am for Richard Harris.

My whole life work up to February 12/1997, the first time that i would have any idea of the Property requirement of what they would need from me???

Will the police do an investigations into this Matter of PERJURY???

The Law Society did not do a thing about the Conflict of interest of the MRDC law firm,

Going to the Ombudsman was a waste of time and Money.

Visiting the New Brunswick Association of Real Estate Appraisers was also a waste of time and money.

Fighting for my life from February 12/1997 up to this day January 11/2008 was a complete waste of a life!!!

If I could do my life all over again and know what I know now?

I would have just gave the property away.

Posted: Wednesday, December 17, 2003

From CLE
The upcoming "Oatley-McLeish Guide to Personal Injury Litigation" course on February 6, 2004 covers a personal injury case from injury or loss to final resolution at trial. As you walk through the various stages of litigation with these distinguished trial lawyers, you will receive invaluable tips to help you be effective and persuasive, and get your clients the compensation they deserve.

The Supreme Court of Canada in Odhavji Estate v. Woodhouse, 2003 SCC 69, has detailed the requirements for the tort of "misfeasance in a public office", an intentional tort in which a public officer deliberately fails to exercise a public function, knowing that his or her conduct is unlawful and likely to injure the plaintiff.

An Ontario resident was fatally shot by police. The police officers involved did not comply with the investigator's instructions to stay segregated, attend interviews the same day as the shooting, and provide their notes, clothing and blood samples quickly.

An Ontario statute puts police officers under a statutory duty to comply with such investigations, and the chief of police under a duty to ensure officers carry out their duties in accordance with the Act (Police Services Act, R.S.O. 1990, c. P. 15). The investigation cleared the officers of wrongdoing.

The estate and family of the deceased brought actions against the officers and the police chief for misfeasance in a public office, and actions for negligence against the chief, the police board, and the province.

The motions judge and the Court of appeal struck out portions of the claims.

The palintiffs appealed the Court of Appeals decision to strike the claims for misfeasance in a public office against the officers and the chief, and the claims for negligence against the board and the province.

The chief cross-appealed the Court of Appeal's decision to let the action against him for negligence to go forward.

The Supreme Court of Canada held that the actions in misfeasance against the officers and the chief, as well as the action in negligence against the chief could proceed.

The Court struck the actions in negligence against the board and the province.

The Court ruled that misfeasance in a public office:

* can include a public officer's failure to perform a statutory duty, but is not limited to unlawful exercises of statutory powers;

* is an intentional tort that includes

* deliberate, unlawful conduct in exercising public functions; and

* awareness that the conduct is unlawful and likely to injury the plaintiff;

* must include the requirements common to all torts—that the tortious conduct was the legal cause of the plaintiff's injuries, and the injuries are compensable in tort law.

The statement of claim in this case pled all the required elements of the tort.

With respect to the actions in negligence, the Court held that the plaintiffs must establish:

* a duty of care, which includes

* foreseeable harm as a consequence of the alleged breach; and

* sufficient proximity between the parties; and

* no policy reasons to restrict the duty.

The Court held that the chief owed a prima facie duty of care to the plaintiffs, but there was no sufficient nexus between the plaintiffs and the board or between the plaintiffs and the province.












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Posted: Wednesday, December 17, 2003

From CLE
The upcoming "Oatley-McLeish Guide to Personal Injury Litigation" course on February 6, 2004 covers a personal injury case from injury or loss to final resolution at trial. As you walk through the various stages of litigation with these distinguished trial lawyers, you will receive invaluable tips to help you be effective and persuasive, and get your clients the compensation they deserve.

The Supreme Court of Canada in Odhavji Estate v. Woodhouse, 2003 SCC 69, has detailed the requirements for the tort of "misfeasance in a public office", an intentional tort in which a public officer deliberately fails to exercise a public function, knowing that his or her conduct is unlawful and likely to injure the plaintiff.

An Ontario resident was fatally shot by police. The police officers involved did not comply with the investigator's instructions to stay segregated, attend interviews the same day as the shooting, and provide their notes, clothing and blood samples quickly.

An Ontario statute puts police officers under a statutory duty to comply with such investigations, and the chief of police under a duty to ensure officers carry out their duties in accordance with the Act (Police Services Act, R.S.O. 1990, c. P. 15). The investigation cleared the officers of wrongdoing.

The estate and family of the deceased brought actions against the officers and the police chief for misfeasance in a public office, and actions for negligence against the chief, the police board, and the province.

The motions judge and the Court of appeal struck out portions of the claims.

The palintiffs appealed the Court of Appeals decision to strike the claims for misfeasance in a public office against the officers and the chief, and the claims for negligence against the board and the province.

The chief cross-appealed the Court of Appeal's decision to let the action against him for negligence to go forward.

The Supreme Court of Canada held that the actions in misfeasance against the officers and the chief, as well as the action in negligence against the chief could proceed.

The Court struck the actions in negligence against the board and the province.

The Court ruled that misfeasance in a public office:

* can include a public officer's failure to perform a statutory duty, but is not limited to unlawful exercises of statutory powers;

* is an intentional tort that includes

* deliberate, unlawful conduct in exercising public functions; and

* awareness that the conduct is unlawful and likely to injury the plaintiff;

* must include the requirements common to all torts—that the tortious conduct was the legal cause of the plaintiff's injuries, and the injuries are compensable in tort law.

The statement of claim in this case pled all the required elements of the tort.

With respect to the actions in negligence, the Court held that the plaintiffs must establish:

* a duty of care, which includes

* foreseeable harm as a consequence of the alleged breach; and

* sufficient proximity between the parties; and

* no policy reasons to restrict the duty.

The Court held that the chief owed a prima facie duty of care to the plaintiffs, but there was no sufficient nexus between the plaintiffs and the board or between the plaintiffs and the province.














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