T.Merchant's billion$ class action vs CWB

[parsley]

Of course he likes money. Who doesn't? I do.

That does not mean that he doesn't take cases that are near and dear to his heart, though.

Even lawyers have ah, inclinations... soft spots.....interests. Caring.

We have a lawyer in our immediate family.

Parsley

[parsley]

Here's the reality:

Tony Merchant uses his own money to sue the CWB to stop spending money from farmers pooling accounts.


His own money.


The CWB spends money from farmers' pooling accounts to stop Merchant, so that farmers are forced to continue paying.

Farmer money.


In a real world, the CWB should be paying Merchant to sue, to download costs on the Feds, so farmers had more money in their accounts.

So in my books, I appreciate that there are still guys in the world like Tony Merchant.

It's over three years since he began, he has gone back to court again and again because the CB have unlimited funds to spend ...and they have pulled every trick in the book to delay...delay...delay...going back to court, flying all over,

hell...

Why not? it's your money.


Does Tony well understand the issue?:

The unfairness to Western farmers by an out of control arrogant government institution.


Maybe he's heard about it.

Parsley

PS Does every farmer reading this post enjoy paying national licensing costs?

You snooze, you lose.

[parsley]

SASKFARMER3

If $200M were put back into the pooling accounts, would you approve, or would you want to just donate it to the Feds? (Or would you notice?)

And should Merchant be paid for his efforts, or would you instead prefer to send him on a one week allpaid holiday with Butch Harder and Ms. Allan.

Whaddayathink, with emphasis on the last 5 letters.

Parsley

[NISAcase]

parsley, consider something below ground like carrot or turnip. Its time you farmers actually started attending your hearings affecting your livelihoods to see the dog and pony shows that go on or as I like to call them, Gomer Pile performances by QC lawyers (some acting award I presume). Then when they lose, (surprise, surprise) advise you to not appeal. This kind of precedence is becoming too common. The Federal court judges are willing to state the lawyers actions to the new faces. Also, the Federal Court judge has also conducted telephone hearings that the lawyers can only be present. Cannot advise the lawyer or know what is going on at the hearing if you are not there. New lawyer and appeal successful while the Honourable Judge Pelletier J. A.. glares at the Crowns Attorney the whole hearing. Another appeal and this time lost because the lawyers ommitted filing the required case law with the court and a copy to the Crowns Attorney. On and on the lawyers go. Now as reported the theft of the Crown’s office in Winnipeg, 7 computers and 2 blackberries. Also, never sign an affidavit prepared by a lawyer without reading and investigating every paragraph for future problems. What ever happened to the wrongful prosecution cases against the Attorney General representing the Ministers as reported on the Farmers for Justice web-site?? Altered transcripts??

[parsley]

NISAcase,

I have certainly experienced your kind of frustration.

The first time I really sat up and paid attention is when the Court chained and shackled Andy McMeachan.

It happened.In Canada.

And all because he sold his own fusarium grain that the CWB were telling farmers to burn.

I never forgave the CWB for that, it really was their disguised action even though they did not want to take responsibility for it, and never will (to both thoughts).

I have said this before, that farmers are good people,... they work hard, they raise good kids, and they do not deserve that kind of treatment, that disrespect, that dishonor.

it is predicted that the CWB will eventually be torn apart at the seams because of what they have done...they will not even concede they have done wrong, and consequently, the CWB building and staff memorabalia will be lined up on the Wall of Dishonor alongside the residential schools clippings/photos,... empty and despised.

They've earned their place in history.


There is a real perception out in the Designated Area that LIberal courts are/were stacked with Liberal judges with the ONLY qualification being a loyal yearly Liberal Party donor.

Consequently, some people accuse, because of the perception out there, that the incumnmbant jugges are not only political, but many of them are inept, and frequently stupid, and even stories of the occasionally senile justice sweeps coffee row.

I agree, so much for justice, if that is the case.

Any lawyer other than a Liberal one, will get eaten alive, so the saying goes,and sometimes they even eat one of their own, is the perception.

Is a Liberal lawyer is perhaps more effective than a cardcarrying Western Separatist lawyer.

And a lawyer who likes farmers is perhaps a rarity?

I know Merchant is a loyal Liberal. But he also beats his own drum, is fearless, regardless of the presiding judge, or the political ramifications.

Sometimes, you find the odd guy who tries to do the right thing. Not all the time. But once in awhile.

Maybe that's what hope boils down to.

Parsley

[NISAcase]

Policies to discontinue the crowns from contracting out legal services to lawyers would be a start. Either the crowns employ their own lawyers or not to avoid conflicts. The issue raised with the constitutional organization that handles this kind of cases. The lawyers can acquire the billion dollar claims through wrongful conduct and become the subject of an action themselves. Compound interest for delaying cases as opposed to the taxpayers picking up the tab. Lastly, large numbers of individuals are beginning to represent themselves (i.e. Martinsville case). Federal Court Rules require a lawyer plan and thus a lawyer, which may be unconstitutional as well. Lawyers that end up paying interest on billions of dollars of under funded programs, wrong statistical program values used to under averaged insurable dollar amounts, tariffs due to under stated averaged dollar amounts and provincial cost of production value understated by program values being incorrect sends a message to all lawyers. Advertising the unprofessional conduct of lawyers should force the profession to take action or just keep advertising. And there is always the law society noted in Philip Slayton’s book, Lawyers Gone Bad.

[NISAcase]

Judges have to work with what they are given and some lawyers may wilfully not be giving them much in order to cause a result. There are numerous cases dealing with wrongful conduct and decisions of no evidence. Was the evidence filed with the court? This is the problem I personally came up against with a lawyer. The lawyer on his own initiative just decided not to file all the evidence. You can give lawyers all the instruction you want by fax but it does not mean they will follow through. A research project for the law students. I am thinking of starting a Blog site for worst lawyer stories and what it cost.

[parsley]

Lawyers take a public relations beating, and indeed, some may have earned it.

But not all lawyers are evilly bad/incompetent/senile/miserable, any more than all farmers are, or all accountants are.


I think the Courts themselves, realize that they have an integrity problem; at least, beingst the public percieves it that way, and on occassion, they are now publically trying to address/refute/deny/defend the rotter-collar they wear.

The law/courts/personnel are frequently mistrusted, and that is a serious issue for Canada.

I know one thing. If you want to buy off Merchant, you'd better come with a lot of cash, because he can afford to look anyone in the eye and tell them to go to hell. Ticks a lot of influential and powerful people off, I'll bet.

BUT, if Merchant thinks you are being treated unfairly, he'll pick up the tab himself. Without a big toodoo.

That's who the private Tony Merchant really is.

Parsley

[NISAcase]

If Merchant has so much money, why was he not keeping books and paying his taxes as the numerous tax court cases show. Helps his wife became a senator in and around when the liberal canidate for Calgary West (Virgina May) insisted having Merchant take the case as Alberta had 2 year limitation period (10 according to judge).

[parsley]

Sometimes, the best self overides the honest self.

That can be good.
That can also be bad.

It all depends upon if you want to be happy.

It all depends upon what makes you happy.

Parsley