My dealings with the Supreme Court of Canada regarding my My Application for Leave to Appeal to the Supreme Court of Canada.
This is where I tried to ask the court, byt way of mandmaus to order the WSIB and the WSIAT to hurry up with schduleing , heairng, and redenrign a deicion.
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.
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 filed Court documents along with explaining the legal process to help others, if they wish to go this route, as well. I have also provided an explaination of what Mandamus is.
What is Mandamus
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 - Released and was DENIED!
My Request for Reconsideration of Supreme Court of Canada Judgement ...In the event of a negative SCC Judgement
Supreme Court of Canada Decision Regarding Motion for Request for Reconsideration ...Not Released yet!
Next Steps After Supreme Court of Canada ...In the event of a negative SCC Judgement
What is Mandamus
A writ of mandamus or simply mandamus, which means “we command” in Latin, is the name of one of the prerogative writs in Judical Review, and is issued by a superior/Supreme/Queens bench court to compel a lower court/Tribunal/Board/ and/or a government officer to perform mandatory or purely ministerial duties correctly.Mandamus is a judicial remedy which is in the form of an order from a superior court (superior/Supreme/Queens bench court)to any government, subordinate court, corporation or public authority to do some specific act which that body is obliged under law to do, which is in the nature of public duty and in certain cases of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision.
The person askign the court for a writ of mandamus to be enforced must demonstrate that they have a legal right to compel the respondent to do or refrain from doing the specific act.
The duty sought to be enforced must have two qualities:
1. It must be a duty of public nature; and
2. The duty must be imperative and should not be discretionary.
For the court to issue a writ a mandamus, a number of conditions must be satisfied.
1. There must be a public legal duty to act.
2. The duty must be owed to the applicant.
3. There is a clear right to the performance of that duty, in particular:
4. The applicant has satisfied all conditions precedent giving rise to the duty;
5. There was:
i. a prior demand for performance of the duty;
ii.a reasonable time to comply with the demand unless refused outright; and
iii.a subsequent refusal which can be either expressed or implied, e.g. unreasonable delay.
6. No other adequate remedy is available to the applicant.
7. The order sought will be of some practical value or effect.
8. The Court in the exercise of discretion finds no equitable bar to the relief sought.
9. On a “balance of convenience” an order in the nature of mandamus should issue.
The Courts in most cases have refused to accept departmental backlogs, or staff shortages as reasonable explanations, nor do they tend to look to the system as a whole. Rather, each case is assessed on its own facts. The question often arises as to whether a background or security check constitutes a justifiable explanation for the delay. As with the other prongs of the test, this is a determination which can only be made with reference to the specific facts of the case. Counsel must tailor the arguments to the facts of the case at hand, with particular attention paid to what the applicant has been doing to move his case along, and what the respondent has failed to do to perform their duty.
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Motion to Extend time to File My Application, Allow Lengthy Memorandum, and Stay Court Costs
One major issue, as a self-represented person with numerous disabilities, is being able to respond to court and legal deadlines.
What I usually must do, and others, 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 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
Then once you have prepared your motion, you then need to work on your Motion Record.
A Motion Record is a book or books which contains all the prior decisions, documents, and evidence that you will be referring to in your legal arguements - your Memorandum. 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 III
(Click the image to download
a pdf copy of the Motion Record Vol. I of III - 6.1 meg.)
Motion Record Volume II of III
(Click the image to download
a pdf copy of the Motion Record Vol. II of III - 8.9 meg.)
Motion Record Volume III of III
(Click the image to download
a pdf copy of the Motion Record Vol. III of III - 6.6 meg.)
Memorandum of Arguement
Then once you put your Motion Record together, you then need to work on your Memorandum for your Motion.
A Memorandum is simply 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 this. The next step is to complete your Application for Leave to Appeal, which is somewhat the same as the preparing the Motion above, but its the Application instead.
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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
Then 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, and evidence that you will be referring to in your legal arguements - your Memorandum. 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 V
(Click the image to download
a pdf copy of the Application Record Vol. I of V - 12.6 meg.)
Application Record Volume II of V
(Click the image to download
a pdf copy of the Application Record Vol. II of V - 10.6 meg.)
Application Record Volume III of V
(Click the image to download
a pdf copy of the Application Record Vol. III of V - 10.6 meg.)
Application Record Volume IV of V
(Click the image to download
a pdf copy of the Application Record Vol. IV of V - 10.6 meg.)
Application Record Volume V of V
(Click the image to download
a pdf copy of the Application Record Vol. V of V - 10.6 meg.)
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WSIB Response to My Application for Leave to Appeal to the Supreme Court of Canada
After completing my Motion and Application, then the WSIB, who is a respondent to my application. Then preapres a response to my motion and applcation. I have provided all the documents below that they have sent and filed with the Court. This is so you have an understanding of the process.WSIB - Notice of Name
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(Click the image to download
a pdf copy of the WSIB - Notice of Name)
WSIB - Certificate
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(Click the image to download
a pdf copy of the WSIB - Certificate)
WSIB - Memorandum of Arguement
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(Click the image to download
a pdf copy of the WSIB - Memorandum of Arguement)
WSIB - Response
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(Click the image to download
a pdf copy of the WSIB - Response)
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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. Then prepares a response to my motion and application. I have provided all the documents below that they have sent and filed with the Court. 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
(Click the image to download
a pdf copy of the WSIAT - Response)
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My Reply to the WSIB & the WSIAT's Response to My Application
Once the WSIB prepared, served and filed their response to my Motion and Applicaiton for Leave to Appeal. I am then allowd to provide a reply to the WSIB's resposne, which I have provided below.My Reply to the WSIB's Response
(Click the image to download
a pdf copy of the my Reply to the WSIB's Response)
My Reply to the WSIAT's Response - Part I
(Click the image to download
a pdf copy of the my Reply to the WSIAT's Response - Part I)
My Reply to the WSIAT's Response - Part II
(Click the image to download
a pdf copy of the my Reply to the WSIAT's Response - Part II)
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Please check back, as I am currently working on this section of the website!
YOU CAN MAKE A DIFFERENCE!
As I previously explained, appeals to the Supreme Court of Canada are unique.
They are unique in that they are not so much base don whether a decision being appealed is right or wrong, but whether it is of
“public importance” or not.
To raise the public importance of my appeal, which affects all injured workers, I had asked, pleaded, with all injured workers to send a quick e-mail to the Supreme Court of Canada expressing your view point that my case impacts all injured workers in Canada and as such is of
GREAT public importance.
I created a short blog explaining what I needed injured workers to do. I even provided a simple templated e-mail, which injured workers could simply copy and paste. I did two for each application.
Then all you have to do is coppy, paste, and e-mail them to the Supreme Court of Canada.
Click here to go to the Bog
It is a quick and VERY easy way for ALL injured workers to make a difference!
So, it is very true when I say to injured workers and ALL workers it is time to put up, or shut up!
To prove to you, the public importance of my case, I have posted all my filings to the Supreme Court of Canada, here. This way you can see for yourself how my case is similar to your case and justifies the public importance aspect of my pleas to you and all injured workers.
I do hope I have not offended anyone, but we MUST put our fears aside and start to stand up for ourselves and fellow injured workers. You are not alone in your fears but know that, together we are a collective force to be reckoned with! So PLEASE, I BEG YOU to start speaking out or it is true they ”the powers that be” will continue to claim ”all is fine with workers compensation in Canada”, when WE ALL KNOW IT IS NOT!
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Supreme Court of Canada Judgement
Below I have provided a copy of the Judgement of the Supreme Court of Canada.The decision of the Supreme Court of Canada was as expectedly DENIED!.
Judgement of the Supreme Court of Canada
(Click the image to download
a pdf copy of the SCC's Judgement)
Additionally, being denied leave by the Supreme Court of Canada does not mean you did not 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 of "public importance" you raised in your case.
Specifically in my case, the Supreme Court of Canada was not interested in:
- Self-represented Litigants,
- Persons with Disabilities, and
- Injured Workers.
It should be also interesting to note that the majority of persons in each of the above categories are of low-income. Specifically they have been declared by Statistics Canada to have an income below the standard of living as set by Statistics Canada.
I will only say that looking back at the original application hearing, I recalled the lawyer for the WSIB had made numerous false statements.
This then caused the judge to also make these false statements.
- That an injured worker regardless of date of injury MUST provide all medical information to the WSIB and consent is NOT required.
This I argued was in violation of s. 51 of the Workers Compensation Act, R.S.O 1990, which states that:
3) A health professional is required to provide a report in accordance with subsection
(2) only if,
(a) the worker consents; and
(b) the prescribed requirements, if any, are satisfied.
- That the WSIB can suspend any healthcare benefits for any reason, or without any reason.
This I argued was in violation of s. 50 of the Workers Compensation Act, R.S.O 1990, which states that:
"Every worker who is entitled to compensation under this Part or who would have been so entitled had the worker been disabled beyond the day of the accident is entitled,
(a) to such health care as may be necessary as a result of the injury;"
- That the WSIB can suspend healthcare or any benefits without providing any proper written notice of the breach and how to remedy the breach.
This I argued was in violation of the Board Policy 22-01-03 on Workers’ Co-operation Obligations where it stated:
" Notice of non-co-operation
If the WSIB determines that a worker is not co-operating with the obligation(s), the decision-maker notifies the worker of the
obligation to co-operate
finding of non-co-operation, and
consequences of this finding (i.e., the reduction and/or suspension of benefits).
Notice is given verbally (if possible), and confirmed in writing in every case."
Those were but a few examples of arguements ot the Supreme Corut of Canada!
This case was interesting in that it determined that:
- the WSIB & the WSIAT can take as long as they want
- the WSIB can create a board policy to retroactive apply to older laws
- the WSIB can retaliate against injured workers with NO fear of reprisal!
Sadly, this further confirms that Canada’s judges have found no interest in the plight of injured workers!
It further strengthens by argument that proven by their actions and inactions, that:
Canada’s judges HATE injured workers!
As I have already predicted the outcome of this judgement, I will continue to FIGHT as already templated below!
I do wish to perosnally thank all those that wrote the Supreme Court of Canada on my behalf.
It may seem pointless, but it was not. It has proven the Court has no interest in us!
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Motion for Request for Reconsideration of Supreme Court of Canada Judgement - 389185
This is a place holder in the event the Supreme Court of Canada denies my Application for Leave to Appeal.
I will update this information once the Supreme Court of Canada issues its judgement.
Motion Record for Request for Reconsideration
(Click the image to download
a pdf copy of the Motion Record)
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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 reconsideraiton, I will post it here.
This is a place holder in the event the Supreme Court of Canada denies my Application.
This information will be updated, once the Supreme Court issues its judgement and its decision on my request for reconsideration.
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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)
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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!
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