The Court Deletes PS Knight’s Defence
May 30th, 2021
The Canadian Civil Service doesn’t like me very much, you may have noticed that.
Earlier this month, I was blocked from making Court filings in Ontario. I’m also required at law to make those filings. Naturally, the Court is about to punish me for not filing as a result of their blocking me from filing.
While we’re all waiting for the Rulings in Tabib’s effort to foreclose the Civil Service case without evidence, Hearing, or Trial, and while we further await the Ruling in the Civil Service effort to put me in prison for complying with the law, we’re also being dragged into Provincial Court in Ontario next month on defamation charges for daring to report unlawful Civil Service conduct to the police.
This Ontario action has been brewing for some years. Due to a quirk in the Ontario Court system however, the official Court record doesn’t count any of the many documents already filed in this litigation. No. Instead, the parties must resubmit all of the documents for the trial as a gigantic affidavit in the month immediately prior to the trial itself. The Court then, is basically doing a reset of documents, asking the parties to resubmit those they plan to use. Anything not resubmitted cannot be used in Court.
We were given until May 21 to submit / resubmit our files by affidavit. So far, so good.
All our documents were ready for submission by May 16, well before the deadline. That evening, I tried logging onto the Ontario Court filing portal to upload the documents.
I’ve been there before, I’ve had to upload defence files for both myself and PS Knight several weeks ago. These files were verifiably submitted, and I am familiar with the filing system.
On May 16 however, my email and password didn’t work. I couldn’t gain access.
Worse, the error message displayed by the Court system said that “We could not find you in the CaseLines Digital Case System list of users.”
“Caselines,” by the way, is the name of the Court filing system.
Alright, let’s ponder. My password wasn’t forgotten, wasn’t input incorrectly, and my system ID was my email address, which was spelled correctly (and regardless, was auto-populated). The error screen displayed my ID, showing my email input correctly. Yet my ID was not in their list of users?
It’s not that I’m locked out; it’s that my account was deleted.
That’s not so good, so I did some digging and found the original Court email confirming my system access. From that email; “If you are having problems accessing your case, please contact your case creator Ms Theodora Apostolopoulos.”
So I did, by email.
“Good morning,” I said, “I need to submit my Affidavit for the CV-15-00526680-0000 litigation. As below, I have access to Caselines for this purpose. I have registered on the system and have already uploaded files (in April, I believe). Alas, I am now locked out of the system. The [Gordon Knight] email is no longer recognized by Caselines (screenshot below).”
Then I waited. Nothing happened. The Court filing office was ignoring my email.
The May 21 filing deadline came and went without any word from the Court.
On May 26 however, the Civil Service, their Judge, and PS Knight were all on the same Case Management teleconference.
Right out of the gate, the Civil Service lawyer, Ms Katie Gautier, pointed out that neither myself personally nor PS Knight had submitted files by the deadline. She requested that the Court observe this fact and Rule that I was in breach of the submissions timeline.
If I was in breach, then none of my defences can be considered at trial. The Civil Service will once again have no opposition in Court.
Well, I pointed out the problem, and pointedly pointed out that my inquiry to the Court contained a screenshot showing that my account had been deleted. That screenshot saved the day. The Court could hardly Rule that I was at fault in the context of visual evidence, already submitted to their own office, that someone, somehow had deleted my account.
I was told to send a copy of the filing I couldn’t make to the Civil Service lawyer and await word from the Court filing office.
So I did, that same day in fact.
Given that the resubmission of all these files, plus the covering affidavit, is a rather large filing (itself a rather large understatement), I submitted the files to the Civil Service lawyer via WeTransfer (an online file transfer service).
I also sent that WeTransfer submission to Ms Apostolopolous at the Court filing office. I followed that up with an email advising that the WeTransfer file was coming. I was polite about all this, the very portrait of professional.
The Court however, wasn’t quite so polite about it. They replied with a snarky one-line email demanding that I “re-send your email and copy opposing counsel.”
I replied to the Court, still polite but strained, that “opposing counsel already has its copy of the filings.” I pointed out that Caselines is the only system that’s missing the filing and that its only missing because the Court deleted the account used to upload the files.
The Court declined to respond.
The Court also declined to download the file submission from WeTransfer.
It starts to look like the Court doesn’t want a defence filed against their fellow civil servants.
Right now, the Court has only acknowledged the filings of its own colleagues. Right now, there are zero defence filings on the Court system.
And I mean; flat zero.
Our previous filings, made weeks ago, were disappeared when the account which held them was deleted.
This could all just be incompetence. The Court is run by the Civil Service, after all. Or it could be something worse.
I mean, who do you suppose ordered the deletion of PS Knight’s Court filing account?
Why do you suppose they’d do that? It’s quite a mystery, isn’t it? No reason in the world, right?
And what do you suppose will happen next month in trial if the Judge declares that the defence hasn’t filed anything? Will it be yet another supposedly unopposed Ruling for the Civil Service?
Look folks, without a defence, the Civil Service is guaranteed to win. Remember how hard the Federal Judge fought to keep our defences against her colleagues out of the Court record? Remember how underhand Prothonotary Tabib was in arranging a Secret Hearing between the branches of the Civil Service to decide my fate? Remember how the Judges on these cases all refused to recuse last month, yet for contradictory legal reasons?
In this context, the Court’s deletion of my filing account, less than one month before trial and just prior to the filing deadline, is a bit suspect.
That trial, scheduled for five days starting on June 21, is shaping up to be noteworthy.