The Tender For Law

English Only

ENGLISH is the international language of law and commerce. Knowing FRENCH is useful for understanding LEGAL ENGLISH, but FRENCH is not the international language of law and commerce, so we will ignore French speakers who speak to us in the language of a conquered people.

Non.

I understand that you are a proud Québécois, but the people here have nothing but contempt for you because of decades of transfer payments and NONE OF YOU understanding what Quebec sovereignty means. None of you know who Russell Rogers Smith is, and you're too proud and arrogant to teach. Just go away and be Retardier somewhere else.

Volume 2

Apr 13, 2013 5:41 PM

Derek Moran

The HOW TO DEAL WITH A BAILIFF AT YOUR FRONT DOOR- thread.....

Printed copy · Anthology Volume 6, page 924
Printed copy of this post
Printed copy from The Tender For Law Anthology, Volume 6, page 924 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Read Comments 110

Pete Daoust

I have a very personal answer to this that I don't think I will share because you guys will PRESUME that I'm NOT intelligent......so I will READ everything you write until I get bored...

Printed copy · Anthology Volume 6, page 924
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 924 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

Right-off-the-bat, Maximus has already shared that they will try to exert their authority over you by blurting-out as soon as you open the door- "Are YOU the (NAME)??".....obviously, a certain 'someone' on this page would advise to hit-them-back immediately with a- "WHO are YOU??" and/or a variation of the "BY WHAT AUTHORITY...??" mantra

Printed copy · Anthology Volume 6, page 924
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 924 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

Proceedings Before Courts and Tribunals

Proof of by-laws

Convictions not invalidated

454. (1) If a court convicts a person for a contravention of a by-law of the City or of a local board of the City without proof of the by-law, another court hearing a motion to quash the conviction may dispense with such proof or may permit the by-law to be proved by affidavit or in such other manner as it considers appropriate. 2006, c. 11, Sched. A, s. 454 (1).

REQUIREMENT as to PROOF

(2) NOTHING in this section relieves a prosecutor from the DUTY of PROVING the by-law or entitles the convicting court to dispense with such proof. 2006, c.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_06c11_e.htm

Printed copy · Anthology Volume 6, page 925
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 925 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Beverly Berta Braakschmack

Epcor hasn't been able to get a meter reading for over 10 months now...

Printed copy · Anthology Volume 6, page 926 · cut by a page break
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 926 (printed 13 June 2014). Added by this site; not part of the Facebook export. A page break in the printout cut off the beginning of this comment, with its name.

Derek Moran

LIABILITY OF THE CITY

391. Liability for torts

(2) Subsection (1) DOES NOT RELIEVE the CITY of LIABILITY to which it would otherwise be subject in respect of a TORT committed by a member of city council, an officer, employee or agent of the City or a person acting under the instructions of such an officer, employee or agent. 2006, c. 11, Sched. A, s. 391 (2).

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_06c11_e.htm

Printed copy · Anthology Volume 6, page 926
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 926 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Beverly Berta Braakschmack

A tort, in common law jurisdictions, is a civil wrong[1] which unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act

Printed copy · Anthology Volume 6, page 926
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 926 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

Scott has blasted-me-in-good-fun before about READING TOO MUCH CASE LAW. To wit i asked- "Well what the FUCK am i supposed to read then to try and learn this stuff..??" His answer--->

http://www.carswell.com/product-detail/ontario-annual-practice-2012-2013-edition-cd/

Printed copy · Anthology Volume 6, page 926
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 926 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

The book above lists EVERY Tort for lawyers and Judges/Justices to reference along with either short or lengthy descriptions of what defines/constitutes each Tort.....i highly recommend this book, relative to what province you're in

Printed copy · Anthology Volume 6, page 927
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 927 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

BAILIFF (The Dictionary of Canadian Law, 3rd-edition): 1. a sheriff's officer or person employed by a sheriff to make arrests, carry out executions, and serve writs. 2. A person who, for remuneration, acts or assists a person to act, or represents to a person that she or he is acting or is available to act, on behalf of another person in repossessing, seizing or distraining any chattel, or in evicting a person from property. 3. As used today, the word "bailiff" has two meanings. In the first meaning, it refers to a person employed in an official capacity to serve a Crown-appointed officer (such as a sheriff) or a court.

*In the second meaning, it refers to an AGENT of a PRIVATE person who collects rents or manages real estate. R. v. Burns 2002*

Printed copy · Anthology Volume 6, page 927
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 927 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

Property Tax Arrears: Collection Process

In the City of Toronto, approximately 96% of all property owners pay their property taxes on time.

The City takes action to collect overdue property taxes.

It is important to note that payments received are applied to the oldest outstanding balance first in accordance with the provisions of the City of Toronto Act, 2006.

If a property owner does not pay their property taxes by the instalment due dates, the following actions will be taken:

Penalty/Interest Charges

Property Tax Account Statements

Collection Letters and Telephone Contact

Final Notice

Issuance of Tax Arrears to a Bailiff

Municipal Tax Sale Proceedings

Other links Property Tax Fees Largest Debtor's Report

http://www.toronto.ca/taxes/property_tax/taxarrears.htm#sale

Printed copy · Anthology Volume 6, page 927
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 927 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

1. Penalty / Interest Charges

A penalty of 1.25% on the unpaid amount of an instalment will be added on the first day after the instalment due date. A further 1.25% of the outstanding amount will be added as interest on the first day of each month thereafter, as long as taxes remain unpaid. Monthly interest charges are also imposed on any unpaid taxes from prior years. Penalty and interest rates are set by City by-laws, pursuant to the City of Toronto Act, 2006. Penalty and interest charges on overdue amounts cannot be waived or altered.

If taxes and charges are overdue, payments are applied to the oldest outstanding balance first. Fees may also be added when taxes are outstanding.

Printed copy · Anthology Volume 6, page 928
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 928 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

2. Property Tax Account Statement Property Tax Account Statements (formerly known as Statements of Tax Account) are mailed to property owners in arrears advising that their property taxes are overdue.

These statements are mailed: At the beginning of each year (on tax accounts with an overdue amount as at December 31st)

After the 1st Instalment due date of the Interim Tax Bill (March)

After the 3rd Instalment Due Date of the Interim Tax Bill (May)

After the 1st Instalment Due Date of the Final Tax Bill (July)

After the 3rd Instalment Due Date of the Final Tax Bill (September)

If a statement is issued to you, a fee will be added to your property tax account to cover the cost of producing and mailing the statement. This fee will be included in your statement amount.

Printed copy · Anthology Volume 6, page 928
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 928 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

3. Collection Letters and Telephone Contact

A Revenue Collector may contact owners of accounts with outstanding current year taxes, by way of phone calls or letters, to arrange either full payment or a firm, suitable payment arrangement.

Printed copy · Anthology Volume 6, page 929
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 929 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

4. Final Notices

Final Notices - Residential Property

Final Notices are issued as one last notification to the property owner of their outstanding balance prior to the issuance of tax arrears to a Bailiff.

In or around April of each year, Final Notices are mailed to those residential property owners with a previous year's outstanding balance.

The Final Notice advises that they have 21 days to pay their taxes, or enter into a firm, suitable payment arrangement with the City, or their account will be issued to a bailiff for collection.

All accounts that fail to respond to the Final Notice are issued to a bailiff beginning in May.

Final Notices - Non-Residential Properties In November of each year, "Final Notices" are mailed to all non-residential property owners with a current year's outstanding balance.

The Final Notice advises that they have 21 days to pay their taxes, or enter into a firm, suitable payment arrangement with the City, or their account will be issued to a bailiff for collection.

All accounts that fail to respond to the Final Notice are issued to a bailiff beginning in January of the following year.

If a Final Notice is issued to you, a fee will be added to your property tax account to cover the cost of producing and mailing the notice. This fee will be included in your statement amount.

Printed copy · Anthology Volume 6, page 929
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 929 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

5. Issuance of Tax Arrears to a Bailiff A bailiff serves a Notice of Issuance to Bailiff:

Residential Properties If a residential property owner fails to respond to the "Final Notice" and has outstanding taxes from the previous year in the amount of $100 or more, the account is issued to a bailiff.

The City will issue a Notice of Issuance to Bailiff to the taxpayer indicating that their outstanding tax balance has been issued to a bailiff, and that any further payments on the outstanding amount must be made to the bailiff for collection of unpaid amounts.

Non-Residential Properties If a non-residential property owner fails to respond to the "Final Notice", the City will issue a Notice of Issuance to Bailiff to the taxpayer indicating that their outstanding tax balance has been issued to a bailiff, and that any further payments on the outstanding amount must be made to the bailiff directly.

If a Notice of Issuance to Bailiff is issued to you, a fee will be added to your property tax account to cover the cost of producing and mailing the statement. This fee will be included in your statement amount.

Notice of Issuance to Bailiff Fee: $56 per notice

Printed copy · Anthology Volume 6, page 930
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 930 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

Information on Bailiffs

The City of Toronto Act, 2006 permits municipalities to use the services of a bailiff in the collection of property tax arrears.

A bailiff is a duly appointed agent under contract with the City of Toronto to recover outstanding property taxes. The costs of the bailiff service are the full responsibility of the property owner.

Bailiff tax recovery actions include:

Serving a Warrant to Distrain for Taxes to the assessed address advising the property owner of default of such outstanding taxes, penalties and lawful cost of said distress.

Mailing notices to the property owner advising that a warrant has been issued and the amount of the warrant.

Title searches.

Telephone contact with the property owner(s), mortgage holder(s) and all other parties that appear on title.

Site visits.

Attornment of Rent(s) (i.e. if a property is tenanted, the bailiff can direct the tenant(s) to submit rent payments to the bailiff. These attorned rents are then applied against the outstanding property taxes).

Issuing a Warrant to Distrain Goods/property (i.e. the bailiff can register a common law lien against goods/property located in or on an owner's property).

Issuing a Warrant to Seize Goods/Chattels (i.e. the bailiff can physically seize and remove goods/chattels from the property and ultimately sell items seized to recover the tax arrears.

Printed copy · Anthology Volume 6, page 930
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 930 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

6. Municipal Tax Sale Proceeding

Once all other collection efforts are exhausted, and the City has been unable to secure payment of the tax arrears, or a firm, suitable repayment plan, the City commences Municipal Tax Sale Proceedings as prescribed by the City of Toronto Act, 2006.

Municipal Tax Sale proceedings can begin once taxes have been in arrears for at least three years. The first step in the Municipal Tax Sale process requires the City to register a Tax Arrears Certificate on title of a property.

The debtor has one year from the date of registration of a Tax Arrears Certificate on title of the property to pay the cancellation price (which includes all of the taxes levied and outstanding, all accrued penalty/interest and costs).

Failing payment within that year, or the entering into of an extension agreement, the Treasurer is required to proceed with a sale of the property through a public auction or public tender.

Printed copy · Anthology Volume 6, page 931
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 931 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

Property Tax Fees

At its meeting on October 22, 2007, Toronto City Council adopted the followingfees:

Service Fee Property Tax Account Statement (formerly Statement of Tax Account) $16 per statement Final Notice $21 per notice Notice of Issuance to Bailiff $56 per notice

Printed copy · Anthology Volume 6, page 931
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 931 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

Largest Debtor Report

The Director of Revenue Services is required to:

Submit a public report to the Government Management Committee on a semi-annual basis identifying those properties owned by a corporation with tax arrears of $500,000 or more. View report.

Submit a report to Committee identifying those properties owned by individuals with tax arrears of $500,000 or more.

Printed copy · Anthology Volume 6, page 932
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 932 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

Another reason THEY will send a PRIVATE BAILIFF, is because a Police Officer took an oath to also be a COMMON LAW peace officer, as evidenced as ever so slightly being mentioned here in the Police Services Act:

Duties of police officer

42. (1) The duties of a police officer include, Powers and duties of COMMON LAW constable

(3) A police officer has the powers and duties ascribed to a constable at COMMON LAW. R.S.O. 1990, c. P.15, s. 42 (2, 3).

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p15_e.htm#BK65

Printed copy · Anthology Volume 6, page 932
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 932 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

Another awesome book that EXPANDS upon the common law duties of a police officer i had heard of for awhile just wasnt sure exactly what it was called (thanks Martin), is this one- PHENOMENAL, a must-have fits right into the palm-off-your-hand perfect to show anybody trying to exert authority they do not have over you trying to violate your rights whats-what right there at the moment:

http://www.carswell.com/product-detail/salhanys-police-manual-of-arrest-seizure-and-interrogation-tenth-edition-formerly-the-police-manual-of-arrest-seizure-and-interrogation/

Printed copy · Anthology Volume 6, page 932
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 932 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

Martin's Criminal Code - Interpretation section 2. - Annotations:

"peace officer"/municipal enforcement officers: a municipal by-law enforcement officer was NOT ENTITLED to ENFORCE the provisions of the Criminal Code: R. v. Laramee (1972), R. v. Wright (1973)

Printed copy · Anthology Volume 6, page 933
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 933 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

Martin's Criminal Code - Interpretation section 2. - Annotations:

"peace officer"/municipal enforcement officers: BAILIFF refers to a Crown-APPOINTED officer or court and DOES NOT INCLUDE a person employed by a PRIVATE bailiff company: R. v. Burns (2002)

Printed copy · Anthology Volume 6, page 933
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 933 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

No. This is about a by-law violation about 2 years ago they charged my dad with while i was living in Windsor. When i came back last year, for Dean Clifford's seminar last March incidentally, they had already sent him SECOND NOTICE. I told my dad, that- "You may not wanna pay it, because you feel its not fair-or-right, but you just cant IGNORE it either. You will have been DEEMED to be in DISHONOUR and to have CONSENTED to their claim by your ACQUIESENCE through TACIT-AGREEMENT to it." He asked me what was the alternative then? I said, "Send them back your OWN Notice, asking them for their PROOF-OF-CLAIM that you've SUPPOSEDLY broken the law!"

Printed copy · Anthology Volume 6, page 934
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 934 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

Well- in the past year, we've probably sent them 10 to 12 NOTICES. Not saying stuff like- "Awwwh, not FAIR...you big MEANIES...you CANT do that to us," either; i mean, taking, them, to SKOOL. I could write a fucking-textbook at this point about how fraudulent by-laws are once you rebut their PRIMA FACIE presumptions. They threatened my dad with taking him to court THREE times, and three times ive asked them- "..what day do i have to show-up?"

Printed copy · Anthology Volume 6, page 934
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 934 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

Problem is- now they've just taken the Inspection-Fee they've been trying to get my dad to act as SURETY for, and since its property-tax time, have COMMINGLED it with his property-taxes. Meaning, he cant pay his property-taxes first, without paying-off the fraudulent Inspection-Fee first ($203), which would still leave $203 leftover on his first property-tax installment to be paid, if that makes sense. They've just managed to- "mix-everything-up-into-the-wash-together-so-you-dont-know-whats-what," as they say.

Printed copy · Anthology Volume 6, page 934
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 934 (printed 13 June 2014). Added by this site; not part of the Facebook export.

James Allan

I love the word "duties" as being ascribed to a police officer under the Police Services Act. Does anyone have a source for what the "duties" of a constable at common law are. Once we find these we HOLD THEM to their duties where we operate in common law.

Printed copy · Anthology Volume 6, page 935
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 935 (printed 13 June 2014). Added by this site; not part of the Facebook export.

James Allan

FernCastle, Derek is a star researchers and amazing legal mind (but I think you know that). I normally stay clear of such comments from parties like yourself, but you may put your concerns to rest in that there is little doubt that Derek is more than capable of guaging whether he needs to "Simmmmma Down". You are absolutely priceless.

Printed copy · Anthology Volume 6, page 935
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 935 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

I put-up a thread on How-To-Deal-With-a-Bailiff..and somebody posted on it a video-clip encouraging people how to INJURE a bailiff with a deadly sling-shot? :I Administrate indeed Pierre- get a good look at it, now you see it... now you dont

Printed copy · Anthology Volume 6, page 936
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 936 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

"Basics... what the Common Man can Understand" - yes indeed, and lets take a look at that:

Article 7.

ALL are equal before the law and are ENTITLED without any discrimination to equal PROTECTION of the law. All are entitled to equal protection against any DISCRIMINATION in violation of this Declaration and against any incitement to such discrimination.

http://www.un.org/en/documents/udhr/index.shtml

Printed copy · Anthology Volume 6, page 936
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 936 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

Article 10.

Everyone is entitled in full equality to a FAIR and public hearing by an INDEPENDENT and IMPARTIAL tribunal, in the determination of his rights and obligations and of any criminal charge against him.

Printed copy · Anthology Volume 6, page 937
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 937 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

Article 12.

NO ONE shall be subjected to ARBITRARY interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the RIGHT to the PROTECTION of the law against such interference or attacks.

Printed copy · Anthology Volume 6, page 937
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 937 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

Article 30.

Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the DESTRUCTION of any of the rights and freedoms set forth herein.

Printed copy · Anthology Volume 6, page 937
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 937 (printed 13 June 2014). Added by this site; not part of the Facebook export.

James Allan

I don't believe there is anything you can "say" to a baliff at the door to stop him. He is going to go ahead and do what he came to do. I suggest having a well drafted document ready for him which will rebut his presumptions and assert your position at law respecting the matter. What you will do is largely create evidence so as to show he acted unlawfully and is now liable to you.

Printed copy · Anthology Volume 6, page 937
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 937 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

"Unfortunately, nowadays, no one seems to know what a Bailiff does. Often, this works to our benefit because debtors DONT REALLY KNOW what we can or cannot do, so THEY USUALLY err on the side of caution and COOPERATE WITH US.

Ironically, “Public bailiffs” cannot be hired by the public. Only “private Bailiffs” can. If an individual person or business wants to enforce their rights of seizure and sale based upon a lien or other security, they can only retain a “PRIVATE” Bailiff to do it for them.

A “PRIVATE Bailiff” CANNOT act on enforcing a Judgment, unless the Judgment or the RULES OF CIVIL PROCEDURE specifically entitles them to."

http://laingparent.com/?page_id=102

Printed copy · Anthology Volume 6, page 938
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 938 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

Quick Tips On the Role and Rights of the Bailiff

Private bailiffs are appointed under the Bailiffs Act and are not employees of the government or of the courts, nor are they peace officers.

Bailiffs may sell repossessed goods in order to recover money owed to their clients.

Bailiffs charge debtors for their costs — the money is taken from the funds received when goods are sold or you may be required to pay the amount before getting the goods back. The bailiffs’ costs are subject to those allowed by the Costs of Distress Act or the Repair and Storage Liens Act.

Bailiffs may evict commercial tenants and manage a commercial property or unit on behalf of the landlord. If a commercial tenant is evicted, the tenancy is ended although the landlord may allow the tenant to regain possession upon payment of the arrears.

http://www.sse.gov.on.ca/mcs/en/Pages/Personal_Finance_Bailiffs_Role.aspx

Printed copy · Anthology Volume 6, page 938
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 938 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

Your Rights When Dealing With Bailiffs

Bailiffs may not use force to repossess goods or evict commercial tenants. Bailiffs must withdraw if you tell them to do so.

If a bailiff uses threats, coercion or force, report it to the police and complain to the Consumer Protection Branch.

The statute under which the bailiff is acting controls the amount you are liable to pay for costs associated with a repossession or seizure. Your liability will vary according to the statute. You should refer to the statute to determine your liability and how you can challenge the costs.

Goods purchased on an installment plan cannot be repossessed without a court order if you have paid two-thirds or more of the payment obligation.

Printed copy · Anthology Volume 6, page 939
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 939 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

If Your Debt Is In Doubt

If you do not owe all or part of the money claimed, contact the business or landlord who sent the bailiff to your address. The business or landlord has told the bailiff that you owe money. It is not up to the bailiff to decide whether or not you owe money.

Printed copy · Anthology Volume 6, page 939
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 939 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

If You Have Financial Problems

COMMUNICATE with the BUSINESS or landlord and TRY to work through your problem. Creditors may be willing to discuss how to manage repayment and avoid repossession or eviction. If you simply cannot pay what you owe, it may be better to surrender the article and avoid the costs associated with repossession. Credit counsellors can help you find solutions to debt problems and work with creditors to solve repayment issues. The Ontario Association of Credit Counselling Services can help you contact your nearest credit counselling service.

Printed copy · Anthology Volume 6, page 939
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 939 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Pete Daoust

So if I understand good, a bailif will show up at your front door if you owe $$ to someone, and this someone tried to get their $$ without success, and this someone went in COURT to get a court order to send a bailif to your place to get their $$...Right ??????

Printed copy · Anthology Volume 6, page 940
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 940 (printed 13 June 2014). Added by this site; not part of the Facebook export.

James Allan

from the CCC: 39. (1) Every one who is in peaceable possession of personal property under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending that possession, even against a person entitled by law to possession of it, if he uses no more force than is necessary. Defence without claim of right (2) Every one who is in peaceable possession of personal property, but does not claim it as of right or does not act under the authority of a person who claims it as of right, is not justified or protected from criminal responsibility for defending his possession against a person who is entitled by law to possession of it.

Printed copy · Anthology Volume 6, page 940 · cut by a page break
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 940 (printed 13 June 2014). Added by this site; not part of the Facebook export. A page break in the printout cut off the end of this comment.

Pete Daoust

A claim of right could be as simple as: I’m Joseph Pierre Gilles, Life Birth Registration Number 11XXXX, I'm the LAWFUL HOLDER IN DUE COURSE OF PIERRE DAOUST, Inscription No.119XXXXXXXX

I’m the SOLE beneficiary of PIERRE DAOUST

I make ALL business decisions for PIERRE DAOUST

I am the MASTER or my PERSON Named PIERRE DAOUST

And I reserve and/or claim ALL RIGHTS….all of them”

Printed copy · Anthology Volume 6, page 941
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 941 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

Other rights and freedoms not affected by Charter

26. The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada.

http://laws-lois.justice.gc.ca/eng/Const/page-15.html

Printed copy · Anthology Volume 6, page 941
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 941 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Pete Daoust

Can a NOTICE be NON-NEGOCIABLE ?????....I would say yes, but not sure....Derek Moran, what do you think ????

Printed copy · Anthology Volume 6, page 941 · cut by a page break
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 941 (printed 13 June 2014). Added by this site; not part of the Facebook export. A page break in the printout swallowed this comment: only its date was printed.

James Allan

Repealed means it is no longer part of the Criminal Code in this case, effective march 10th. In addition to common law claims of right, this section still helps: Defence of Property

Marginal note:Defence — property

35. (1) A person is not guilty of an offence if

(a) they either believe on reasonable grounds that they are in peaceable possession of property or are acting under the authority of, or lawfully assisting, a person whom they believe on reasonable grounds is in peaceable possession of property;

(b) they believe on reasonable grounds that another person

(i) is about to enter, is entering or has entered the property without being entitled by law to do so,

(ii) is about to take the property, is doing so or has just done so, or

(iii) is about to damage or destroy the property, or make it inoperative, or is doing so;

(c) the act that constitutes the offence is committed for the purpose of

(i) preventing the other person from entering the property, or removing that person from the property, or

(ii) preventing the other person from taking, damaging or destroying the property or from making it inoperative, or retaking the property from that person; and

(d) the act committed is reasonable in the circumstances.

Marginal note:No defence

(2) Subsection (1) does not apply if the person who believes on reasonable grounds that they are, or who is believed on reasonable grounds to be, in peaceable possession of the property does not have a claim of right to it and the other person is entitled to its possession by law.

Marginal note:No defence

(3) Subsection (1) does not apply if the other person is doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully.

R.S., 1985, c. C-46, s. 35; 2012, c. 9, s. 2.

Previous Version 36. [Repealed, 2012, c. 9, s. 2]

Previous Version 37. [Repealed, 2012, c. 9, s. 2]

Previous Version 38. [Repealed, 2012, c. 9, s. 2]

Previous Version 39. [Repealed, 2012, c. 9, s. 2]

Previous Version 40. [Repealed, 2012, c. 9, s. 2]

Previous Version 41. [Repealed, 2012, c. 9, s. 2]

Previous Version

Printed copy · Anthology Volume 6, page 942
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 942 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

"PROOF needs to identify WHAT it's proving."..... interesting statement. So in terms of Micah Green, when he goes into court..he should be getting them to PROVE, and/or IDENTIFY, just HOW the statute he's been charged with APPLIES to him considering he was not a Government Actor and/or performing a public-function-of-government who was performing a Government Action (thank you, Peter Hogg) ?

Printed copy · Anthology Volume 6, page 944
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 944 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

Scott Duncan ...and PROOF must be SIGNED, or it's not PROOF, it's EVIDENCE.

That's why it's told "officially" that it's a RECORD of an event. It's PROOF that the RESULT of the event is SECURITIZED.

Printed copy · Anthology Volume 6, page 944
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 944 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

WHO ARE YOU negates the POSSIBILITY of there being UNDERSTANDING... THEY ARE AN ADMINISTRATOR. They have NO AUTHORITY to identify themselves. A JUSTICE IS NOT A PERSON... THEY SIMPLY CAN'T ANSWER!>> Scott Duncan.

Printed copy · Anthology Volume 6, page 944
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 944 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

“The democratic legitimacy of municipal decisions does not spring solely from periodic elections, but also from a decision-making process that is transparent, accessible to the public, and mandated by law.” — HON. MADAM JUSTICE LOUISE CHARRON, SUPREME COURT OF CANADA

Printed copy · Anthology Volume 6, page 944
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 944 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

http://www.canlii.org/eliisa/highlight.do?language=en&searchTitle=%5B1993%5D+1+SCR+674&origin=%2Fen%2Fca%2Fscc%2Fdoc%2F1993%2F1993canlii166%2F1993canlii166.html&translatedOrigin=%2Ffr%2Fca%2Fcsc%2Fdoc%2F1993%2F1993canlii166%2F1993canlii166.html&path=/en/ns/nssc/doc/2009/2009nssc14/2009nssc14.html&searchUrlHash=AAAAAAAQWzE5OTNdIDEgU0NSIDY3NAAAAAIANC9mci9jYS9jc2MvZG9jLzE5OTMvMTk5M2NhbmxpaTE2Ni8xOTkzY2FubGlpMTY2Lmh0bWwANC9lbi9jYS9zY2MvZG9jLzE5OTMvMTk5M2NhbmxpaTE2Ni8xOTkzY2FubGlpMTY2Lmh0bWwB

Printed copy · Anthology Volume 6, page 944
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 944 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

Scott Duncan: Calling bullshit on any "law" means it's contested. If there is no signature, then it is a STATEMENT or a NOTICE, begging the question "by what authority".

Scott- you bring up a good point > "Calling bullshit on any "law" means it's contested. If there is no signature, then it is a STATEMENT or a NOTICE, begging the question "by what authority".

..now what about in the case of where there IS a SIGNATURE, but, 'the law' has still been MISAPPLIED/applied inappropriately and/or improperly, how does that change things with 'calling bullshit' THEN?

Scott Duncan: The signature is the surety (Authority) behind the bullshit. If you do not ACCEPT that authority, the onus is on the SURETY backing the bullshit in question, to demonstrate "higher" authority.

Printed copy · Anthology Volume 6, page 945
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 945 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Adam Thomas

Derek Moran, mate if ye BoE them & they don't ACCEPT your LAWFUL CURRENCY then they are in CHECKMATE. GAME OVER...LIGHTS OUT....They are forcing ye into involuntary servitude or slavery.....bible says slavery is " FUCK OFF"......checkmate...

Derek Moran

Scott Duncan Not really. When a contract has been fundamentally breached, you can set the terms of remedy. My part of the contract was to do the job and keep my mouth shut. I've done that.

THEIR part of the contract was to leave me and my trustees ALONE. NO "LEGAL" processes where ANY of us are surety.

Now the public record has been altered.

I have a VERY clear conscience regarding this. ALL parties who contract me are bound by the terms which CLEARLY claims my rights to do this.

Printed copy · Anthology Volume 6, page 945
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 945 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

Derek Moran *lightbulb-goes-off* "When a contract has been fundamentally breached, you can set the terms of remedy."...... interesting. Using that same logic, lets take the City of Toronto's Charter of Expectations, basically a run-down of THEM stating how they will act as our public-servants and treat the rest of us. HOWEVER, if they are in BREACH of their OWN Charter, then, WE too can set our own terms for the REMEDY??

http://www.toronto.ca/employment/life_tps/values.htm Toronto Public Service Charter of Expectations and Values www.toronto.ca City of Toronto Public Service employee values

Scott Duncan Unless they can prove that there was no breach. If they rebut your notice, then the onus is on you to PROVE a breach.

Derek Moran Fucking-eh, Scott Duncan..thank you, thank you very much for that NUGGET.

Printed copy · Anthology Volume 6, page 946
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 946 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

Jane Cellars Could you file a complaint against the public servants' bond?

Scott Duncan Could you file a complaint against the public servants' bond?"

Er... What? Complaint? Who am I "complaining" to?

Scott Duncan You're going to complain to them? Do you have a contract with them? Are they causing you harm? Dunn and Bradstreet is a RATING agency (inter allia) and nothing else. they are brokers of data... why would you complain to them?

Jane Cellars How would you remove a public servants' bond?

Scott Duncan Lien it. Claim value from it. (You have to bill them first)

Bobis Youruncle: With a detailed bill and historical record established by invoicing and accounting by the creation of the fee for service bill, payable/ due upon receipt. You establish a claim to the title of the property in question. If it is done through a trustee administrator ( Much like we are assigned the duty of trustee to a Birth Certificate early in life). Surety resides with the creator, 100%. All the value goes to the surety though the accounting of it. Starting with the implementation of proper notice by invoice.

And of course if you have any other proper notices created, it would be advisable to send them with the bill.

Terms and Conditions in Private = Law. ( Public Notice = Tender for Law) Bill = Joinder Knowledge of meanings and definitions essential.

Printed copy · Anthology Volume 6, page 946
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 946 (printed 13 June 2014). Added by this site; not part of the Facebook export.

Derek Moran

Derek Moran: At what point is the GUARDIAN/WARD relationship with a City Councillor created/deemed to exist, Scott...is it automatically created once one first registers to vote?

Scott Duncan: It's created when you do ANY commerce with the city with an address in its jurisdiction.

Scott Duncan: If someone is on the deck of the Copernicus, they are either a "ward" or an invader, and is therefore, even though I'm over 2500 km away, that "someone" is MY ward as I am the highest ranking officer...

...whereupon I can legally have them killed and just make up the reason why, after. My only LEGAL obligation, is to make an entry in the log.

Printed copy · Anthology Volume 6, page 947
Printed copy of this comment
Printed copy from The Tender For Law Anthology, Volume 6, page 947 (printed 13 June 2014). Added by this site; not part of the Facebook export.
Back to top