The Tender For Law

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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 4

Oct 10, 2013 5:28 PM

Gail Marie

A friend has a situation where he rents a room in a home. The other tenant whose name is on the lease was told in court that my friend is ordered to move out of the home. There was nothing given in writing to any parties related to the order. My friend was told by the other tenant about the order (would that be hearsay?) . Apparently the order said he must be out today and stay away for 6 months.

For this order to be valid, should he not receive it in writing as opposed to hearing it from a 3rd party? If there is nothing in writing how would he be able to rebut the offer made by the court? My thoughts are that the administrative process would be a valuable tool for him to use, but he has nothing but hearsay to respond to.

I appreciate any feedback :)

A friend has a situation where he rents a room in a home. The other tenant whose name is on the lease was told in court that my friend is ordered to move out of the home. There was nothing given in writing to any parties related to the order. My friend was told by the other tenant about the order (would that be hearsay?) . Apparently the order said he must be out today and stay away for 6 months. For this order to be valid, should he not receive it in writing as opposed to hearing it from a 3rd party? If there is nothing in writing how would he be able to rebut the offer made by the court? My thoughts are that the administrative process would be a valuable tool for him to use, but he has nothing but hearsay to respond to. I appreciate any feedback
Printed copy from The Tender For Law Anthology, Volume 3, page 552 (printed 13 June 2014). Added by this site; not part of the Facebook export.

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Gail Marie

nothing was given in writing to either party, shouldn't there still be something in writing? As far as I know nothing was brought up about him not being on the lease...it wasn't a rental type hearing

Printed copy · Anthology Volume 3, page 552
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Andrew D'Aragon

Because blackmailing your parents is the in thing for todays youth, being taught in schools that they can solve all their problems with the help of social services. ;)

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Dino DisenfranchisedDino Quiring

So, on the presumption the child is unsafe to live in the current conditions with this male friend of yours...

How is the child's safety deemed to be in jeopardy? and who is making that allegation?

If the order is directing the parent/guardian of the child to evict him, there is no need to serve your friend directly but certainly should receive an eviction notice and compensation upon exit as he is a victim of the circumstances.

To me, it sounds as though the court advised to remove your friend from the premises and as an ultimatum to be later assessed. Perhaps that is why there is no paperwork.

On the other hand, this could be BS to break the sublet?

Difficult to determine any responsibilities without more details.

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Andrew D'AragonAndrew Ofthe RoyalHouse Aragon

Funny they do not tell the children that from the age of 12 they have the right of self determination, and that by calling on social services they are acting as surety and the injured party for the state.

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Gail Marie

Dino Quiring the landlord is not involved in this at all as far as I know, both occupants of the home want to stay, it's the court who is ordering his removal from the premises. CAS made allegations that the children's safety is in jeopardy. Neither party rebutted the allegations and a presentation hearing happened. In that hearing the judge ordered him removed from the home for 6 months

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Andrew D'AragonAndrew Ofthe RoyalHouse Aragon

But they are counting on the mother not wanting to be separated from her child. Play one off against the other and create conflict where there is none or little making matters worst instead of better and assuming full control and authority over all the slaves involved.

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Gail Marie

The child who originally filed the complaint does not even live there...I think the situation was she was living away, got into financial trouble, came back home, made a complaint to CAS and moved out shortly after that. There are 2 still at home the oldest is 12...my understanding is the 12 yr old tends to be a bit defiant but told CAS she doesn't fear my friend ...she doesnt like his or her moms rules, but not fearful of being harmed

Printed copy · Anthology Volume 3, page 556
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Dino DisenfranchisedDino Quiring

So other than the words of Child A, there is no history, records or rapsheet to support her complaint?

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Gail Marie

I only have one side of the story, and from what I hear there was abuse within the family unit with the children's biological father. There are challenges that need to be dealt with on an emotional level I think.

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Dino DisenfranchisedDino Quiring

If it is an actual order, there is paper. Have whoever the order is directing call the court to request a copy. There will be a lot more evidence to make a better determination at that point. Also, was there a discovery? The accusations of the complainant must be included and that may give some understanding? A transcript can also be requested, of course.

Being a child who was torn away from my hysterical mom in family court, contrived by Social Services, I can definitely relate but know I can offer little other than symbolic support.

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Gail Marie

They did receive something from CAS before the trial, but didn't rebut it officially ..which if we can learn anything from this, is we MUST rebut. That is a good idea, I will suggest that to her to call and get a copy.

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Dino DisenfranchisedDino Quiring

One of the most important things I would think is getting a copy of the "statement" made by the daughter as this alone is the driving factor. Any false claims or inconsistencies in that statement may be exposed and force "their hand". Create a debunk list from "most damaging and untruthful" to "least damaging and hardest to disprove".

From that point, and this is where more of the TTFL crowd can chime in, I would think entering affidavits into the record, individually of the mom and Roommate or other supporters that will create the justice to doubt the original claim. Hopefully that would cause the justice to recant the order?

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Gail Marie

I agree, I mentioned to them that if you didn't rebut or create an affidavit, then the justice only sees what is in the court file, which would be the crowns allegations and that is what the ruling would be based on. I'm not clear on the process to get the justice to relook at the case, ultimately it's better to deal with this stuff before the hearing, but would think there is a way after the fact..in the words of ChiefRock Sino General contracts are fluid :)

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Andrew D'AragonAndrew Ofthe RoyalHouse Aragon

This is not a Canadian court, it is a local administrative tribunal held by CAS. They are paying for everything, the rental of the room the actors who will sit in judgment, the make believe officials and the security for the event. The whole being billed to the surety, the child who signed the complaint, and the parents who came to represent the defending / offending party.

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