| I am just trying to follow the rules to be able to file an appeal, but Sandra Theroulde, the Deputy Registrar and Manager of Court Administration at the Court of Appeal for Ontario, is making it impossible to proceed as the rules prescribe. Why?
For some reason, Sandra Theroulde is claiming that I have to get the permission of a Judge to be able to file a transcript of the Hearing which is the subject of my appeal, and that does not make any sense under any rule I have been able to find.
Rule 61 is quite clear in my opinion and I have taken all the necessary steps, which include filing a Notice of Appeal and an Appellants Certificate Respecting Evidence.
I have also made it clear in the material filed that a transcript of the hearing in question is necessary for the purposes of the appeal, so why am I encountering the following resistance? Listen...
Let me be clear, I do not blame Sandra Theroulde. This organized deception, in my opinion, is nothing short of organized corruption, and I therefore blame the cowards who are evidently advising Ms. Theroulde. Now if Sandra is a lawyer, I blame her.
This is evidently what Sandra Theroulde is relying upon to deny the opportunity to file a transcript.
1.The transcription of unnecessary evidence and the reproduction of unnecessary exhibits only result in delays in the hearing of appeals and substantially increase the cost of litigation.
2. In order to eliminate the transcription of evidence and the reproduction of exhibits which are not required for the disposition of an appeal by the Court of Appeal, the attention of the profession is directed to rule 61.05 respecting the service of certificates (Form 61C and Form 61D) or an agreement respecting evidence. It is appreciated that where the counsel who acted at trial is not taking the appeal, the assistance of the counsel who took the trial may be required in completing the certificates or making the agreement.
3. In appeals where the facts are not in dispute, an agreed statement of facts should take the place of a transcript. The directions of a judge of the Court of Appeal in Chambers should be obtained where required under rule 61.09(4).
4. Unless otherwise ordered by a judge of the Court of Appeal, there shall be omitted from all transcripts of evidence for civil appeals:(a)all proceedings on the challenge of the array or of jurors for cause;(b) any opening address of the trial judge;(c)the opening and closing addresses of counsel;(d)all proceedings in the absence of the jury and all argument in the absence of the jury (excepting objections to a charge and the trial judge's ruling thereon together with any reasons for his ruling), and all argument where there is no jury;(e)all objections to the admissibility of evidence excepting only a notation that an objection was made. (The ruling of the trial judge including any reasons for the ruling will be transcribed.)
5. Where any of the matters mentioned in paragraph 4 above, is the subject of a ground of appeal, an order of a judge may be obtained for the transcription of the relevant material.
I do not think it is fair, reasonable or proper for any court administrator to treat me in this manner when I have made it absolutely clear, in the material reviewed and filed before the Court of Appeal that the Transcript of the Hearing before the Honourable Justice whose endorsement is being appealed, "is required for the Appeal."
You do not have to be a lawyer to understand that I am not being treated in an appropriate manner. If court administrators get the right to dictate the nature of the evidence that an Appellant files, I need to be cited the authority which grants them that opportunity. The rules are quite clear, as far as I can see, and if I violate them, I will be sanctioned by the Judge as the rules prescribe:
61.05(1)(8) The court may impose costs sanctions where evidence is transcribed or exhibits are reproduced unnecessarily.
In the meantime, my right to communicate with the Court of Appeal has been inappropriately stifled, in my opinion.
Is this justice?
I am particularly upset because I have ordered transcripts, the transcript office filed a CERTIFICATE/PROOF OF ORDERING TRANSCRIPT FOR APPEAL and Sandra Theroulde has interfered with this process.
Corrupt people are amusing. "THEY" want me to appeal a Judge's endorsement without the benefit of a court transcript. Is that possible? If they hide the disconnect between a Judge's endorsement and a court transcript, how can I possibly prove my case? If there was no disconnect, I would not be appealing, and this extreme obsession to deny the obvious is absolutely inappropriate, in my opinion.
A court transcript should represent the "integrity of the record" -this resistance reflects the lack of integrity in the process.
Isn't the current position of Sandra Theroulde rather preposterous? How can she possibly dispute the need for a court transcript that has not even been filed? Does she suggest that the gatekeepers of justice have surreptitiously reviewed a court transcript and have determined that it is not required for appeal purposes? Highly unlikely, but these people are talking about a rule which speaks about what needs to be omitted from a transcript, presumably, AFter a transcript has ben reviewed, not BEFORE. Am I missing something here?
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