Civil Appeal to Supreme Court of Canada
My dealings with the Supreme Court of Canada regardingMy Application for Leave to Appeal to the Supreme Court of Canada.
This is where I tried to sue the WSIB and the WSIAT in Civil Court, for their intentional bad faith actions
This story is a continuation from my appeal from the Court of Appeal for Ontario.
If you did not read that part of my story you might want to got here and read that first.
To go there click here.
So, once I received the decision from the Court of Appeal for Ontario, I had to:
- study the law,
- learn the procedures, rules, and processes of the Supreme Court of Canada.
It is not an easy thing to do as a self represented litigant, but it is a requirement and
sadly judges hold the time it takes you to learn - against you!
Ironically, the judges also hold the knowledge you learn agaisnst you - as if you knew all along, when you did not!
Click here is you wish to see the Supreme Court of Canada's Docket for this application for leave to appeal.
Paul Taylor v. Workplace Safety and Insurance Board, et al.
Below I have placed the actual documents filed with the Court, along with explaining the legal process to help others,
if they wish, to go this route, as well.
Motion to Extend Time to File Application, Allow Lenghty Memorandum, and Stay Courts Costs
Application for Leave to Appeal to the Supreme Court of Canada
WSIB Resposne to My Application for Leave to Apepal to the Supreme Court of Canada
WSIAT Resposne to My Application for Leave to Apepal to the Supreme Court of Canada
My Reply to the WSIB & the WSIAT's Response to My Application
Supreme Court of Canada Judgement
My Request for Reconsideration of Supreme Court of Canada Judgement
Supreme Court of Canada Decision reagrding Motion for Request for Reconsideration
Next Steps After Supreme Court of Canada
Motion to Extend time to File My Application,
Allow Lengthy Memorandum, and Stay Court Costs
One major issue, as a self-represented litigant with numerous disabilities, is being able to respond to the court and legal deadlines.
What I and others must do, is ask the Court for permission for an extension of time to file my appliciaon for leave to appeal late.
To do this I just prepared a notice of motion.
Notice of Motion
So, the first thing you do is prepare a Notice of Motion.
In the notice you explain what you are asking for:
- extension of time to file late,
- a Stay of the lower courts Costs orders, and
- a request to file a lengthy memorandum.
Then you provide the reasoning or grounds for why you want your motion granted:
- the legal grounds why you want the Court to grant your motion,
- the factual grounds why you want the Court to grant your motion,and
- the courts lawful jurisdiction to grant your motion.
Below is my Notice of Motion which I prepared for the Supreme Court of Canada
Notice of Motion
(Click the image to download
a pdf copy of the Notice of Motion)
Motion Record
Once you have prepared your motion, you then need to work on your Motion Record.
A Motion Record is a book or books that contain all the prior decisions, documents, and evidence that you will be referring to in your legal arguements - your Memorandum.
Note that the Supreme Court of Canada has specific filing requirements. One is that books must not be more than 200 pages. This is why my motion record is broken down into four separate volumes.
Motion Record Volume I of IV
(Click the image to download
a pdf copy of the Motion Record Vol. I of IV - 8.7 meg.)
Motion Record Volume II of IV
(Click the image to download
a pdf copy of the Motion Record Vol. II of IV - 9.4 meg.)
Motion Record Volume III of IV
(Click the image to download
a pdf copy of the Motion Record Vol. III of IV - 10.6 meg.)
Motion Record Volume IV of IV
(Click the image to download
a pdf copy of the Motion Record Vol. IV of IV - 2.8 meg.)
Memorandum of Arguement
Once you put your Motion Record together, you then need to work on your Memorandum for your Motion.
A Memorandum is simply a statement of facts supporting your legla arguements and your legal arguements in support of your motion.
Memorandum of Arguement
(Click the image to download
a pdf copy of the Moving Party's Memorandum)
Once you have completed your memrandum of arguement. The next step is to complete your Application for Leave to Appeal. This is somewhat the same as the preparing the Motion above, but instead it is the Application.
Click Here to Return to Top of the Page
Application for Leave to Appeal to the Supreme Court of Canada
Just like the Motion, there are a few simple steps to complete this.First you have to compelte your actual Application,
then your Application Record, and
then finally your Memorandum of Arguement for your Application.
Notice of Application for leave to Appeal One thing that is key in preparing your application is that you are not as interested in what the Court of Appeal did wrong, but more about how your case is of public importance. By this I mean how your case relates to others in Canada and/or how it impact law in Canada.
Notice of Application for leave to Appeal
(Click the image to download
a pdf copy of the Notice of Application)
Application Record
Once you have prepared your Application, you then need to work on your Application Record.
An Application Record is a book or books which contains all the:
- prior decisions,
- documents, in support of yoru application, and
- evidence that you will be referring to in your legal arguements - your Memorandum.
Note: The Supreme Court of Canada has specific filing requirements. One is that books must not be more than 200 pages. This is why my Application Record is broken down into six separate volumes.
Application Record Volume I of VI
(Click the image to download
a pdf copy of the Application Record Vol. I of VI - 10.6 meg.)
Application Record Volume II of VI
(Click the image to download
a pdf copy of the Application Record Vol. II of VI - 3.3 meg.)
Application Record Volume III of VI
(Click the image to download
a pdf copy of the Application Record Vol. III of VI - 24.1 meg.)
Application Record Volume IV of VI
(Click the image to download
a pdf copy of the Application Record Vol. IV of VI - 12.5 meg.)
Application Record Volume V of VI
(Click the image to download
a pdf copy of the Application Record Vol. V of VI - 6.1 meg.)
Application Record Volume VI of VI
(Click the image to download
a pdf copy of the Application Record Vol. VI of VI - 12.1 meg.)
Memorandum of Arguement
Then once you put your Application Record together, you then need to work on your Memorandum for your Application.
A Memorandum is simply your legal arguements in support of your Application.
Memorandum of Arguement
(Click the image to download
a pdf copy of the Applicant's Memorandum)
Click Here to Return to Top of the Page
WSIB Resposne to My Application for Leave to Appeal to the Supreme Court of Canada
After completing my Motion and Application, the WSIB, who is one of two respondents to my application, then preapres a response to my motion and applcation. The WSIB serves it and files it with teh Supreme Court of Canada.I have provided all the documents below that the WSIB has sent and filed with the Court.
This is so you have an understanding of the process.
WSIB - Notice of Name
(Click the image to download
a pdf copy of the WSIB - Notice of Name)
WSIB - Certificate
_WSIB.png)
(Click the image to download
a pdf copy of the WSIB - Certificate)
WSIB - Response
.png)
(Click the image to download
a pdf copy of the WSIB - Response)
Click Here to Return to Top of the Page
WSIAT Response to My Application for Leave to Appeal to the Supreme Court of Canada
After completing my Motion and Application, then the WSIAT, who is the other respondent to my Application, preapres a response to my Motion and Applcation.I have provided all the documents below the WSIAT has sent and filed with the Supreme Court of Canada.
This is so you have an understanding of the process.
WSIAT - Notice of Name
(Click the image to download
a pdf copy of the WSIAT - Notice of Name)
WSIAT - Certificate
(Click the image to download
a pdf copy of the WSIAT - Certificate)
WSIAT - Response
.png)
(Click the image to download
a pdf copy of the WSIAT - Response)
Click Here to Return to Top of the Page
My Reply to the WSIB & the WSIAT's Response to My Application
Once the WSIB & the WSIAT prepared, served, and filed their response to my Motion and Applicaiton for Leave to Appeal. I can then provide a reply to the WSIB & the WSIAT's responses, which I have provided below.My Reply to the WSIB & WSIAT's - Response
(Click the image to download
a pdf copy of the my Reply to the WSIB & WSIAT's Response)
Click Here to Return to Top of the Page
Supreme Court of Canada Judgement
Below I have provided a copy of the Supreme Court of Canada's judgement.You will notice the judgement provides no reasons. This is how this court does it.
It should be noted that being denied Leave, does not mean you didn't have a case, it simply means the Supreme Court of Canada is not interested in your case, or more importantly they were not interested in the issues you raised in your case.
Supreme Court of Canada Judgement - 38980
(Click the image to download
a pdf copy of the SCC Judgement - 38980)
Click Here to Return to Top of the Page
Motion for Request for Reconsideration of Supreme Court of Canada Judgement
Once you receive judgement in your Leave application, you cna ask the Supreme Court of Canada to reconsider their decision. Youa have an even a less chance than that of getting approved for the orginal application, but it never hurts to try.
Motion Record for Request for Reconsideration
(Click the image to download
a pdf copy of the Motion Record)
Click Here to Return to Top of the Page
Supreme Court of Canada Decision regarding Motion for Request for Reconsideration
Once I have received the decision from the Supreme Court of Canadaregarding my request for reconsideration, I will post it here.
Click Here to Return to Top of the Page
Next steps After the Supreme Court of Canada
There are two further possible steps, after getting a decision from the Supreme Court of Canada.The first is to petititon Canada's Parliament to set aside the Supreme Court of Canada's decision.
I have setup a page for this step. Click here to see that page.
The likelihood of success on such a petition is zero!
This is because no Parlaiment has ever reversed a decision of the Supreme Court of Canada.
However, its worth a try!
The next and final step is to petition the United Nations, or more acurately you would petition
the International Labour Organization - ILO, which is a branch of the United Nations.
Click here to learn more about the ILO
I have setup a page for the final step.
Note you will need support of a Labour organization in order to file a formal complaint with the ILO, against Canada for any breach of the U.N. Conventions Canada signed.
Click here to see that page.
Another powerful and effective option to fight your WCB/WSIB/WorkSafe, is to become active, or more active, in injured workers groups and their protests.
For example in Ontario, every year the Provincial group
Ontario Network of Injured Workers Groups - ONIWG,
hosts an Injured Worker Day event on the lawn of the Ontario Legislature.
This is where injured workers from across Ontario are encourage to attend the event and they do, from across Ontario!
This event is to celebrate the first day that occured on June 1st 1983.
This was when over 3,000 injured workers converged on the lawn of the Ontario Legislature. The injured workers forced a government committee reviewing major changes to Ontario’s workers’ compensation system to conduct a public hearing on the steps of the Legislature.
As you can see by the photo below.
The annual event is also to show the Ontario government that
Injured Workers DO MATTER!
(Injured Worker Day June 1, 1983 - Ontario Legislature, Toronto, Ontario)
.png)
So, if a thousand, or even ten thousand injured workers showed up for the annual June 1st Injured Worker Day event
the Government,even a Conservative government, would finally listen to injured workers and change things for the better.
After all, as the saying goes...the squeaky wheel gets the grease!
You don't have to be in Ontario to also raise awareness of this event. You can do the same thing in your province/territory/state. Go to your province/territory/state capaital and show up to raise awarenss,
just like they did in the photo, on June 1st of each and every year!
Eventually we can make this a National and perhaps, one day, an International Event!
Click Here to Return to Top of the Page