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C18 - Judge Campbell was WRONG.

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    #13
    "Politicians can add any slant on this after... what was argued in the Parliament upon debate of 1,2,and 3rd readings is irrelevant... as the courts have ruled many times in the past."

    Bullshit. Pure and simple.

    See, for example, the SCC decisions in R. v. Morgentaler, Reference re Securities Act (Canada) ("Intrinsic evidence, such as purpose clauses and the general structure of the statute, may reveal the purpose of a law. Extrinsic evidence, such as Hansard or other accounts of the legislative process, may also assist in determining a law's purpose."), BC (Workers' Comp) v. BC (Human Rights Tribunal), Knight v. Imperail Tobacco ("Imperial submits that it is improper to rely on excerpts from Hansard on an application to strike a pleading, since evidence is not admissible on such an application. However, a distinction lies between evidence that is introduced to prove a point of fact and evidence of legislative intent that is provided to assist the court in discerning the proper interpretation of a statute. The former is not relevant on an application to strike; the latter may be. Applications to strike are intended to economize judicial resources in cases where on the facts pled, the law does not support the plaintiff's claim. Courts may consider all evidence relevant to statutory interpretation, in order to achieve this purpose."), etc., etc. etc. There are over 150 cases from the SCC alone on his point.

    You're in my house now Tom. Don't try and tell me how the law works and I won't try and tell you how to grow and market wheat. We have both spent decades honing our craft. I make the presumption that you may have some idea of what you are talking about when you speak of farming (and everything that goes with it). Go to law school, get some real world experience in Court, and we may be able to have a rational discussion on the law.

    As for farming, if you want to talk strawberries, I'm your man.

    Comment


      #14
      Cpallet,

      You are a lawyer that believes what you say... no doubt. That is YOUR job.

      Which judge we get determines how well our point is accepted.

      Its a matter of theatrics, politics, faith and good will. Protagonist vs. Antagonist.

      Lawyers are just like news reporters... they have a story to tell... no doubt about that! The better they tell the story... the more likely the court will rule in their favour.

      New precedences are the flavour of the month... everyone wants their name on one. Tony Merchant is the prime example of my point! And why his 'trial by fire' system will yield some results... with the right people launching them... and the right judges.

      I love your BS comment... kind of theatrical and makes my point for me!

      Cheers!

      Comment


        #15
        Theft is theft. The Comedian gobermont
        has stolen, my assets at the wheatie
        bored. Now ifn yous don't care, well, you
        don't care, butt I doos and wants it back.
        Ritz is gonna pay fer his blunder, after
        all the conservies seem ta be very very
        stupid and can't govern even wit their
        majoritY. Theys was elect to govern, not
        dicktate ta us framers!!!

        Comment


          #16
          Burbert or Tom4, is there any actual proof and or evidence farmers owned a single thing and that it wasn't a 100% crown corp? I have no shares, no vote, no anything really. Big farmers have the same vote as 10 acre farmer.

          Any actual documents that farmers actually own anything?

          Comment


            #17
            wd9,

            The Canadian Wheat Board Act states:

            "5. The Corporation is incorporated with the object of marketing in an orderly manner, in interprovincial and export trade, grain grown in Canada.

            6. (1) The Corporation possesses the following powers:

            (d) to acquire, hold and dispose of real and personal property, but the Corporation shall not acquire or dispose of any real property without the approval of the Governor in Council;"

            I see nothing in the Act vesting ownership or 'colour of right' of any assets of the CWB to producers. Nothing.

            Tom,

            Advocacy is indeed the art of persuasion. Sadly for those of us who practice it, advocacy in Canada is not the same as advocacy in the US, and is far removed from the stuff of TV shows. Alas.

            Little or no theatrics. Lots of boring evidence mixed with law.

            As for politics, life is politics.

            John Diefenbaker used to say that the unvarnished truth is the most effective weapon in the advocate's arsenal. I agree.

            Judges are forced to read and listen to vast amounts of material. They soon learn to sort out who they can rely on to give it to them straight, and who they cannot.

            I would add that hard work and a mastery of the facts and law of your case is the second most effective
            weapon in the advocate's arsenal. When the judge asks a question he or she wants a straight answer. Right now. What they do not want to hear is that you need a moment to look it up.

            Boring stuff. Sad but true. Which helps to explain why of all the professions, the legal profession has the highest dropout rate at all stages (law school, articling, 5, 10 and 15 years out, etc.). The fact that the skills learned are transferrable helps.

            As for your view that "New precedences are the flavour of the month... everyone wants their name on one.", with respect, you couldn't be more wrong. Lawyers are by far and away the most conservative group you will ever come across. What they want is a nice set of facts that fits right into the railway tracks of some ironclad precedent, so that neither they nor the judge has to waste time in analysis, and the other side will settle the whole thing at light speed. Preferably in cash.

            Unique facts and law are very risky indeed. You might have to ask the judge to spend some time on critical analysis (always risky) and there may be no way to predict what the old darling is going to come up with. All of which means that it is likely you won't see a red nickle in fees. Very, very few lawyers care to take that risk.

            One thing about Tony that I have always admired is that he has balls of stainless steel. He'll take on anything that piques his interest for whatever reason. Damn the torpedoes, full speed ahead. Of course, the facts and how they may or may not fit with the law doesn't seem to bother him too much. That boy loves his work, but won't get paid a cent on this one.

            Comment


              #18
              Tony is quite capable of making millions; but there is no way he will ever becomes a multi billionaire on this one.
              The supposed facts of this class action don't add up, nor do they divide up nor make any sense to anyone. Just where are there 600 thousand farmers who have a claim; how can 16 billion or trillion be justified and then come up with a three thousand dollar payment to those delivering in the most recent two crop years; all assuming that anyone registered themselves with the class action suit that doesn't have a snowballs chance of going anywhere.
              This is a cheap publicity stunt by an accident chaser and those who expect windfalls and miracles.
              Read the Sask Law Society webpage judgments about Tony's cases and his mode of action. You'll even gain some personal insights into how you may be represented by joining with Tony .

              Comment


                #19
                This is in fact the whole Comedian
                Wheatie Bored issue. Them that have
                used the Bored, say damn the torps, full
                speed ahead, sue the gobermont for
                everything they got. Then there is
                those that have not used, butt abused
                the bored fer years, ***** scared that
                the suit may result in an award fer
                there framer neighbors. Can't have
                that, soos lets snivel about it the
                Comedian farmer way, hence influencing
                the outcome, er name call, Commie,Pinko,
                Liberal, lawyers and judges, think they
                kin run Comedia, wrong its whinning
                framers that ruin this great nation time
                and time again..........

                Comment


                  #20
                  Burbert,

                  I LOVE it when you are RIGHT!

                  ..."wrong its whinning
                  framers that ruin this great nation time and time again.........."

                  How do you explain where we got to this point?

                  ..."its whinning
                  framers that ruin this great nation time and time again.........."



                  Cheers!

                  Comment


                    #21
                    Looks to me you are out of your league this one tom .

                    Comment


                      #22
                      Just wait till Tom brings in his Christianity religion arguments to this class action courtcase debate.

                      Comment


                        #23
                        Katoe,

                        Time will tell who is right!

                        Oneoff,

                        Ditto.

                        Cheers!

                        Comment


                          #24
                          On the other hand you may be sadly disappointed on both counts; although I fail to see how you will ever be notified as to the outcome of the second matter.

                          Comment

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