Thursday, May 1, 2014

Response to CFO's Motion to Dismiss

CFO filed a Motion to Dismiss our appeaL (see BlogPosting CFO's Motion to Dismiss Small Flocker's Appeal ), and we have now filed a response.  Our hearing on May 14th in Guelph will discuss this Motion and decide if our appeal will live another day, or die stillborn.

You can find our appeal in our Blog Posting  Tribunal Time  This is a guaranteed solution for all with insomnia or Sleep Apnea, or your money cheerfully refunded.

Here are the documents so you can read them, even before the CFO legal sharks get their fingers on them:
  • Notice of Constitutional Question which was filed with the Deputy Attorney Generals for Canada and Ontario, alerting them of the constitutional questions that will be argued in the hearing.
  • Our Response to Motion to Dismiss where we give the reasons to keep our appeal alive.  CFO threw every possible reason at us to shut us down, except they left out the alleged fact that my Mother wears army boot.  Perhaps I will be on the receiving end of that one during the oral arguments on May 14th.
  • Our Submissions Brief is where copies of the applicable statutes, regulations, and case law is presented to all parties, so everybody concerned has the same starting point in the hearing.
  • OFPMC's Response to Motion to Dismiss is just 2 pages long, agreeing with most of what CFO stated, offering a few clarifications.  It appears that CFO and OFPMC have a gentlemen's agreement that CFO will take the lead and do all the heavy lifting, and OFPMC stays out of the fray.  If that is true, that is consistent with OFPMC's prior actions:  let CFO do as it pleases.  No wonder Ontario is in the mess that we are today.
  • Courier Receipts   You can watch and trace the progress of these critical courier pouches as they wind their way around the Great Lakes to arrive at their destination.  I received a major shock on pricing.  Apparently, Purolator Courier has recently designated us as a "remote region", understandable with how they are forced to use a dog sled in winter and ox cart in summer for their courier pickups.  (whoop! I forgot, we have an international audience who may not understand I was being sarcastic).  The standard envelope Puroletter is $49.69 multiplied by 2 packets, which has destroyed our budget.  We are out of money again, and I had to cash in a bunch of pop, beer, and wine bottle to afford the printing and courier bill.
  • Petition Form   This is a handy form to collect signatures from your family, friends, neighbours, farm animal hoof prints, whatever, to support our cause at the Tribunal.  If you read the Response noted above, you will see that I included 7 letters/emails that support our cause.  We will have to get special permission from the Tribunal to enter on the record those that we receive between now and May 14th.  It's the best that we can do, so it will have to do.

While we wait for May 14th to arrive, we have much work to do, as follows:

  1. Donations   Guess what, not only are we out of money, we are overdrawn by more than $50.00 from my personal piggy bank.

    I will have to drive 611 km x2 (ie. both ways)= 1,212 km. round trip, so I need gas money.  So that I'm not a bleary eyed Zombie at the hearing after getting up at 1:00 AM and driving for 6 hours, I need to come down the day before and stay overnight.  If none of you offer your tent in your backyard for a needy chicken farmer coming to Guelph, I will need to get a hotel room.

    Now's your chance to feel good, and help a good cause.  If you wish, I will post your name and amount of donation so all the world will know about your kind and cunning investment, or you can remain anonymous; your choice.
  2. Petition Signatures   We need signatures on our petition.  Download (see above), print, and post the petition everywhere.  Take it to work, go door to door.  When filled, scan it and email it to me at  I will print it off and bring them to the hearing on May 14th.

    Better yet, you can come running into the hearing room, out of breath, yelling,

    "Wait!   Wait!  I have a signed petition supporting our cause!
    I will have to disavow any knowledge of you and your dramatic yet silly stunt, but go for it if you dare.  Just leave peacefully once they handcuff you.
Thank-you for patiently checking back many times to see if I had posted something more.  I apologize for your frustration when another day went by without your Small Flocker fix.  Addiction is everywhere!  Unfortunately, I have been so busy researching and writing the response to CFO's zany motion, there was no time left to do postings.

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