Tabib’s Folly

June 15th, 2020

When I was wee, I did a naughty thing, apparently.  I mean, I can’t recall what it was but I’m fairly sure it involved a vulgarity.  I’m sure of this because in the aftermath I got my mouth washed out with soap, and I recall that part distinctly.  That’s what parents did back then to keep clean language. 

Mirielle Tabib’s potty mouth is legendary.  She gets shouty too.  I’ve heard lawyers’ stories of Tabib’s antics on case management calls where something sets her off and, you know, off she goes.  Seriously.  She’s got the full range of swears sorted, and F-bombs a’plenty in her more famous outings. 

This wouldn’t be too bad if Tabib was one of the lawyers.  Colourful lawyers can be endearing.  Alas, Tabib is a Federal Prothontary, not a lawyer.  As a civil servant, her job is to manage the process of litigation with civility and objectivity. 

As for the civility part, having Chernobyl-style meltdowns when things don’t go her way isn’t clever.  And as for objectivity, well, Tabib is a civil servant.

Earlier this year, before the lockdown, Tabib Ruled that I am not allowed to defend myself in Court against her civil service colleagues.  We wrote about this.

The original Canadian Standards Association (CSA) case against PS Knight has yet to get to trial.  And, with Tabib’s Ruling, it never will.  Rather, having Ruled that we’re not allowed to defend ourselves, Tabib will record her colleagues’ litigations against us as unopposed.  That is, we didn’t defend ourselves, so the civil service wins by default. 

In other words, the civil service started a claim against me in 2012 and without ever having to prove a thing in Court, and without ever subjecting their allegations to scrutiny, without ever seeing the inside of a Courtroom on the charges that started this whole saga, Mirielle Tabib, a civil servant herself, will Rule in their favour, just giving her side a win because she has the power to do so.

This is third-world stuff, folks. 

As for timing, with the Court system now recovered from Corona, we’re expecting Tabib to foreclose in favour of her colleagues very soon indeed, likely in the next week. 

The consequences are pretty significant, for both sides actually.  You see, Tabib’s painted herself into a corner.  I doubt she knows what she’s in for.

You see, the original case (T1178-12) is the litigation in which Tabib denied me the right to defend myself.  For starters, foreclosing on this case will necessarily entail subsidiary filings for enforcement orders, Court costs, etc.  As these are subsidiary to the original case, her Ruling that I’m not allowed to defend myself applies to these Motions also. 

That means the CSA can demand whatever they want in, say, an enforcement Motion and they’ll get it automatically.  I’m not allowed to even show up to defend myself, remember?  So it’s a blank cheque, the civil service gets whatever they want from PS Knight Co and I get no say in the matter.  Third world stuff?

Recall also that the original case is hardly the only case her side has started against me.  For instance, they’re trying to put me in prison for five years for the crime of complying with a Court Agreement.  We wrote about that one too.  So, as Tabib is also case managing that litigation, does that mean I’m not allowed to defend myself against imprisonment? 

My dear friends, this is how despotic governments put people in jail without trial.

And what of any new civil service actions?  I mean, the civil service knows about my risk management moves (I’ve taken precautions against them, restructured to protect our Electrical Code Simplified assets).  Whatever crooked conduct Tabib may take in the moment will not take our products off the shelves.  That would take much more aggressive action than is presently before the Courts.

Yet that’s exactly what her colleagues intend to do. 

Further, our side is not without options.  I guarantee that the business activity that we’ve already prepared for late this year and early 2021 will once again rouse the jealousy and contemptuous greed of the civil service.  They will file new actions against us.  Had I a pile of money, I’d put a pile of money on that.

So what of these new actions?  Would I be allowed to defend myself against them?  If so, then why am I not allowed to defend against her original action?  See the problem? 

By permitting one defence, she damns her own conduct in precluding the other defence.  Likewise, if in the interests of consistency she disallows all defence, then the absurdity of conviction without trial is all the more highlighted, and her corruption all the more publicly displayed.

Then there’s the Ontario action.  You may recall this one;  the civil service launched a duplicate litigation in Provincial Court some years ago and it’s been languishing ever since.  Provincial Court is managed distinctly from Federal Court, where Tabib holds reign.  What will her conduct look like in Provincial Court when her colleagues’ Ontario action gets going?  I mean, will Provincial Court deny me the right to defend myself there too?  Probably not, but one never knows. 

Either way, the reckless, lawless, pandering practice of using her civil service position to tilt the board in favour of her civil service colleagues, especially in the context of her role in trial rigging (quite a crime in itself), and after so recently being outed as numbered among the crooked little clique of Court officials, all caught coordinating their authorities to advance the civil service’ interest -well, I mean, this is becoming quite a story.

You know, we’ve had quite a few case management calls with Mirielle Tabib and thus far we’ve not yet been the beneficiaries of one of Tabib’s tantrums.  But when crooks are cornered, well, they don’t react well.  And Tabib’s in a tight corner.

As far as I am concerned, with the experience of nine years of defending myself, my company and, for a time, my elderly father from the corruption and abuse of process so common in the Courts, I have been hugely impressed by not only the scale of that corruption, but also by the ineptitude of its participants.  It’s as though they’ve been dulled by lack of competition, by all the arranging of results.  Let’s face it, if they never have to fight for anything, they’ll be a bit weak where it counts.  So is it corruption we’re seeing, or incompetence? 

Aneurin Bevin faced that question ages ago.  Tabib claims that she is upholding the law by violating the law, and by giving what belongs to me to her friends without due process and in the absence of any defence or recourse whatsoever.  With Tabib, if it’s in my house it’s free for her friends to grab.  And she may well think that’s legal.

For all that however, to paraphrase Bevin; “Every burglar of course could say the same thing; she could argue that she was entering the house in order to train the police.  So, if Mirielle Tabib is sincere in what she is saying, and she may be, then she is too stupid to be a Prothonotary.”

Quite so, Mr. Bevin.  Quite so.