My dealings with the Supreme Court of Canada
I have setup several separate webpages to discuss my various appeals to the Supreme Court of Canada.
The first is My Application for Leave to Appeal to SCC, My Civil Appeal.
This is when I tried to sue the WSIB and the WSIAT, but not suprisinly it was dismissed on the grounds the court lacks jurisdiction over the government - now you can see why I went to the Supreme Court of Canada!
The second is My Application for Leave to Appeal SCC, My Mandamus Appeal.
This involved two separate issues and actually has exposed a major issue with the Courts. That the Counsel representing the WSIB/WSIAT can lie to the Court and nothing happens to them. When you read it, you will learn more.
The first issue was whether the WSIB and the WSIAT can take as long as they like to schedule & hold hearings and render decisions.
The second was more specific to my case, being an injured worker injured prior to the enactment of Ontario’s Workplace Safety & Insurance Act. How the WSIB when they do not like something in the old law just ignores it and makes a new policy to override the law.
While the above two applications are the only two that were or are still at the Supreme Court of Canada, sadly I will have many more going there in an inevitable sense. For example, my application for judicial review, which is currently stuck at the Divisional Court in Toronto. I anticipate that will go all the way. Then there is another issue very similar in nature to my second application where the WSIB denied me healthcare benefits in the form of medical cannabis, when as a injured worker injured prior to the enactment of Ontario’s Workplace Safety & Insurance Act they do not have the right to do as those injured workers have a entitlement/right to healthcare benefits and also have the right to deny medical reports be sent to the WSIB.
So needless to say, the fight for justice for injured workers continues….
Here I will briefly explain the process of appealing a decision of a Provincial/Territorial Court of Appeal to the Supreme Court of Canada.
The first thing to know about the Supreme Court of Canada is that, with the exception of a few rare cases, the Supreme Court of Canada decides and sets their own agenda. So, often many appeals which may have a very strong case and would be reversed are not, simply because they were not heard by the Supreme Court of Canada. This was simply because they did not feel like listening to the appeal.
The exception is in criminal matters. However, I am not going to discuss criminal matters here now, perhaps maybe later.
Another exception is in civil matters. This is when there is a dissenting (opposed) judge in the decision form the Provincial or Territorial Court. These courts generally, there is a panel of three judges and sometimes in rare cases a panel of five. So, in a matter that is civil and there is one dissenting that will get you an automatic appeal to the Supreme Court of Canada. As always check with the Supreme Court Rules and governing law to make sure as I could be wrong and not to mention the law and rules may have changed.
So, normally in workers compensation appeals at the Provincial/Territorial Courts of Appeal the judges are always in agreement, which leave many wondering. However, that is a subject for another day. At any rate, to have an appeal at the Supreme Court of Canada you must ask permission to appeal or what is commonly known as seek leave to appeal.
Seeking leave to appeal can be done at the Supreme Court of Canada or at the originating Provincial/Territorial Courts of Appeal. I know, I was thinking the same thing, as you. Why the hell would I want the same court to give me permission to appeal their decision, not like they would grant it, but it does happen.
Well, at any rate with my appeals, I chose to seek leave from the Supreme Court of Canada.
When you are seeking leave to appeal (asking permission to appeal) the one main reason or purpose for doing so, is not that the decision you are seeking to appeal is wrong, but
that your case is of great public importance.
By this it is meant that your case affects many people. So, in asking for leave to appeal at the Supreme Court of Canada, you are trying to convince the Supreme Court of Canada that your case not only about you but that it affects all Canadians.
This is something that is especially difficult to do, as you will see from my applications, the Supreme Court of Canada does not give reasons on any requests to appeal. So, yes, I know it is like being a blindman in a darkroom, trying to find your way around and no one to help you.
As I always say, I have put my materials on my website to show others so you might learn form my failures, and maybe by some miracle, someday from my successes.
Above is another submenu with separate webpages for my applications to the Supreme Court of Canada. You will also notice that within each of my applications, I filed a motion and provided the motion materials. This is because it took me a long time as a self-represented person with disabilities to learn, understand and prepare my application. The Supreme Court allows extension of time to file applications past the deadline, as to all lower courts. Provided you have a good reason aside from I forgot. This is somewhat different in the lower courts and tribunals where they seemingly have taken and absolute time approach, something I believe is completely unjust and violates the Principles of Procedural Fairness, but yet a topic for another day.