• TURMEL: Judge Horne prematurely dismisses Covid damages actions

    From John KingofthePaupers Turmel@21:1/5 to All on Thu Jun 22 23:35:17 2023
    TURMEL: Judge Horne prematurely dismisses Covid damages actions

    JCT: Case Management Judge Mandy Aylen struck my action
    seeking a declaration that Covid Mortality Hyped Hundredfold
    was a false alarm and any Covid mitigation restrictions
    would be unconstitutional and damages due to lockdown for a
    false alarm because I needed a federal restriction on me
    which I did not have. She couldn't set the precedent of
    declaring any restriction would be.

    She stayed the actions of the other 75 plaintiffs who joined
    me in seeking the declaration and damages pending the
    exhaustion of my appeals.

    Judge Horne was then appointed to replace Judge Aylen as
    Case Management Judge.

    On May 11 2023, the Supreme Court dismissed my Application
    for Leave to Appeal. Usually, that ends it but in
    exceedingly rare circumstances, a motion for reconsideration
    is allowed.

    Given excess deaths are going through the roof around the
    world and I'm the SmartestManOnEarth.Ca,
    http://SmartestMan.Ca for short, I wanted them to set the
    precedent and declare Covid Mortality Hyped Hundredfold as a
    false alarm and any Covid mitigation restrictions would be
    unconstitutional. So I filed a motion for reconsideration by
    the Supreme Court of Canada.

    But Judge Horne was not aware. So the other 75 plaintiffs
    received an Order dismissing their actions, with brother Ray
    Turmel as Lead Plaintiff, and giving them 10 days to make
    submissions as to costs. http://SmartestMan.Ca/c19j4.pdf


    JCT: I thought I had sent the Registry an announcement that
    there was going to be a Motion to Reconsider. But maybe it
    wasn't passed along.

    So Lead Plaintiff Ray Turmel filed a motion for Judge Horne
    to reconsider his Jun 19 2023 Order given my appeals were
    not yet exhausted:
    http://SmartestMan.Ca/c19j4n.pdf

    File: T-138-21
    BETWEEN:
    RAYMOND TURMEL
    Applicant/Plaintiff
    And

    HIS MAJESTY THE KING
    Respondent/Defendant

    NOTICE OF MOTION FOR RECONSIDERATION
    (Pursuant to Rule 397(1))

    TAKE NOTICE THAT the Plaintiff, Raymond Turmel, will make a
    motion to Case Management Judge Horne in writing under Rule
    369 of the Federal Courts Rules.

    Lead Plaintiff Ray Turmel filed a motion for Judge Horne
    to reconsider his Order given my appeals were not yet
    exhausted:
    THE MOTION IS FOR an Order to Reconsider the Court's Jun 19
    2023 Order and that such decision on my and other claims be
    adjourned pending the final determination of the Turmel
    Motion to Reconsider in the Supreme Court?

    AND FOR ANY ORDER abridging the time or mode of service or
    dispensing with any documents or amending any error or
    omission which this Honourable Court may allow.

    THE GROUNDS ARE THAT a motion to the Supreme Court of Canada
    to reconsider the dismissal of the John Turmel application
    for leave to appeal has been filed for exceptionally rare
    circumstances and so the decision to strike the John Turmel
    Statement of Claim T-130-21 is not yet final.

    Dated at Grenville-sur-la-Rouge on Jun 22 2023.
    Raymond Turmel
    To: James Schneider

    WRITTEN REPRESENTATIONS

    1. The Court Order stated:

    [1] On or about May 16, 2023, I issued the following
    direction in these proceedings:

    These actions have been stayed pending the final
    determination of the proceedings in T-130-21 (the
    proceeding commenced by John Turmel).

    The statement of claim in T-130-21 was struck,
    without leave to amend, by prothonotary Aylen (as
    she then was, as that office was then titled) on
    July 12, 2021. Her decision was upheld on appeal
    (Turmel v Canada, 2021 FC 1095). A further appeal
    to the Court of Appeal was dismissed (Turmel v
    Canada, 2022 FCA 166). Mr Turmel's application for
    leave to appeal to the Supreme Court of Canada was
    dismissed (John Turmel v. His Majesty the King,
    2023 CanLII 39581 (SCC)).

    The decision in T-130-21 to strike the statement of
    claim is therefore final.

    THIS COURT ORDERS that:

    1. The statements of claim in Court file T-138-21,
    and each of the Court files listed in Annex A to
    this order, are struck, without leave to amend.

    2. His Majesty the King, the defendant in T-138-21
    and each of the Court files listed in Annex A to
    this order, shall serve and file submissions as to
    costs within 10 days of the date of this order, not
    to exceed 5 pages. Any responding submissions as to
    costs from the plaintiffs in T-138-21 and each of
    the Court files listed in Annex A to this order
    shall be served and filed within 20 days of the
    date of this order, not to exceed 5 pages.

    2. A motion to the Supreme Court of Canada to reconsider the
    dismissal of the John Turmel application for leave to appeal
    for exceptionally rare circumstances has been filed and so
    the decision to strike the John Turmel Statement of Claim T-
    138-21 is not yet final.

    3. Applicant seeks an Order to adjourn the final decision
    herein pending the final determination of the Turmel Motion
    to Reconsider in the Supreme Court?

    Dated at Grenville-sur-la-Rouge on Jun 22 2023.
    Raymond Turmel

    JCT:
    If Judge Horne doesn't correct the premature order,
    then I'll get one of the plaintiffs to file an argument for
    no costs by the 29th. Only 1 person rather than have
    everyone fill out a template makes less work for the Crown
    and the Court, especially since I've been declared a
    vexatious litigant and can't publish templates any more.

    The Federal Court of Appeal Justice Laskin also just
    declared me a Vexatious Litigant before my appeal of the
    Vexatious Litigant declaration by the Federal Court. http://SmartestMan.Ca/s40cn2jr.pdf

    So I've had to ask them to reconsider:
    http://SmartestMan.Ca/s40rn.pdf

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