Claudette Losier
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C50990 Court of Appeal Dismissal Error ignoring extension
posted on Sunday, February 21st 2010

#04-13797  Losier v. Mackay, Mackay & Peters, Dasha Page, Ross Clarke, Watts Canada Inc., Minister of Attorney General, Ontario Human Rights Commission, Dina Waik, and Shannon Meadows-Lee

#05-18300  Losier v. Watts Industries, MacKay, Mackay & Peters Limited, Xentel Dm Incorporated, 352587 Ontario Ltd., 1290864 Ontario Inc., 1573342 Ontario Inc., 1527934 Ontario Inc., Kindy Sihra, Minister of Attorney General, Ontario Human Rights Commission, Dina Waik, and Shannon Meadows-Lee

Note:  Numbered companys are Laurentide Manufacturing and Kindros Industries, and Lyman Custom Brokers and Freight Forwarding.   Xentel DM Incorporated settled this matter with me in March 2008 and is therefore no longer a defendant however the facts of my employment per my human rights complaint against Xentel are still relevant to the other defendants in suit.  The Minister of Attorney General from 2004-06 was Michael Bryant, who was a law clerk at the Supreme Court prior to MAG sufficient evidence of institutional bias for the 2007 dismissed request for appeal at the Supreme Court of Canada.  Per the SCC practice book this high court does not receive applicants documents instead they receive a memorandom written up by law clerks who may have worked or been influenced by Michael Bryant to write up the memos given to the Judges.  Also note that the SCC is not a court of error hence lower courts erroneous decisions have no real audit to correct the problem! 

UPDATE: 

Court of Appeal reverse its February dismissal order and I finally received the Court Transcript on March 15th.  I filed all of my appeal documents this week on May 4th except the Appeal Book as it was missing some items.  The Crown's solicitor only faxed me the prefiled orders with no seal and signature in September and forgot to send me her certificate respecting evidence per the Rules of Civil Procedure in September.   I served the other party my Notice and Certificate of Evidence twice to insure no after the fact allegations of non receipt to delete the court transcripts.   I received 3 faxes from the Crown consenting to addition time to perfect my appeal due to waiting on Court Transcripts on January 25th, December 8th, and November 2nd, so the Crown cannot now refuse the use of the Court Transcripts with Justice Lofchik's institutional bias management of the Rule 21 hearing to favour the Crown because the Minister of Attorney General superintends all judges' offices in Ontario per MAG Act.

Week May 3rd to 7th

I called this week asking for the completed orders and she was waiting for me to response as to my agreement with orders.  Well I never sent a fax which means I had no problems with them and she never followed up from September.  So I retyped the orders today and dropped them off at the Hamilton Court House.  I picked up the orders after 10:00 on May 6th.  

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Last week I received dismissal order of my appeal against the Minister of Attorney General for fraud per tort of deceit.   I had faxed the court on February 4th the respondents' approval to an additional extension due to the Court Reporters' delay in completing and providing me with the court transcripts.   I had already sent the Court of Appeal 2 other faxes requesting additional time that they had no problems accepting and now they are ignoring my February 4th fax which I sent to them again on February 18th plus left message.   Here is another fax I am sending them to correct their mistake.   Regards, Claudette
 
February 21, 2010
 
Court of Appeal For Ontario
Osgood Hall
130 Queen Street West
Toronto, Ontario
M5H 2N5       
 
Attn.:  Carole Ibsen ? Deputy Registrar
File:  C50990  - Losier v. MMP Limited et al  (appeal against the Crown Defendants  
         only)
 
Fax:  416-327-5032
 
Dear Ms. Ibsen,
 
I am requesting the correction on your system and removal of this dismissal order per my February 4th filled fax well within time limit of February 9th of additional extension of time from Respondents to perfect my appeal of 60 days from date of completed court reports and not date of enclosed fax.   The Hamilton Court Reporters advised me by fax that they have been given an extension to complete the motion reports till end of February and I cannot perfect my appeal without the court reports. 
 
I followed the same steps as my first filing of additional time per Ms Huguette Thomson?s notice of intention to dismiss on October 20th which this court granted till January 9th.  Ms. Thomson?s letter clearly states that the perfection of the appeal may be obtained only by filing of the consent of the parties which I did file with my February 4th fax and copy of the Respondent?s January 25th approval for the additional extension.  On February 18th l refax my February 4th filing plus left a phone message for you to call me to resolve this mistake.   I will be home in the afternoon on Monday, February 22nd. 
 
I look forward to hearing from you to correct this mistake.  Your assistance in this matter is greatly appreciated.
 
Sincerely,
 
 
Ms. Claudette Losier
 
Copy:  Maria Kotsopoulos   Fax:  416-593-5437



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