TURMEL: Mozajko Reply in Supreme Court MedPot Leave Application
JCT: Igor Mozajko's Reply to the Crown Response was emailed
to the Court and Crown today:
Igor Mozajko
VIA EMAIL
Monday November 28, 2022
Ms. Chantal Carbonneau, Registrar
Supreme Court of Canada,
301 Wellington Street
Ottawa, Ontario K1A 0J1
Dear Registrar:
Re: MOZAJKO, Igor v His Majesty the King, File No. 40395
Please accept this letter as the Reply of Igor Mozajko to
the Response for the application for leave to appeal in this
matter.
The Respondent argued there was an:
absence of pleaded facts capable of supporting a section
7 infringement..
Paragraph 35 lists 18 facts taken by justice Brown as
proven.
Respondent further argued:
The applicant suggests the FCA decision is in conflict
with Chaoulli v Quebec and Allard v Canada. However, he
has identified no conflict between the FCA decision in
this case,
Chaoulli concluded that delays in obtaining medical
treatment do cause harm to violate rights and the FCA
concluded the Applicant was not harmed by 11 month delay.
Respondent further argued:
The proposed appeal does not raise an issue of public
importance,
Chaoulli established that delays in obtaining medical
treatment do raise an issue of public important and over 300
other plaintiffs about the delays in processing their
permits add to the point.
Respondent also argues:
the ACMPR had been repealed, which rendered the
requested declarations meaningless.
The fact that the ACMPR has been replaced by a new regime
does not make the damages suffered under the old regime
meaningless.
Respondent finally argues:
these issues would be better addressed in a future case
that has been properly pleaded and that is based on
extant regulations rather than the former ACMPR.
There is no reason to await a future case based on extant
regulation rather than the ACMPR when the claimed damages
were suffered under the old regulation.
Dated at Dieppe New Brunswick Nov 28 2022.
_____________________________________
Applicant:
Igor Mozajko
Cc: Jon Bricker,
Jon.Bricker@justice.gc.ca
For the Respondent
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