Court of appeals decision in BC to be in ***WRITTEN on Sept 7th at 9:30 AM..

[gunsmoke2]

Well this is it folks.. the BIG one..

The lawfirm Peck was notified yesterday from the court of appeals that they would be giving their oral Judgement on Sept 7 th..

This is the one that will tell the story for most other cases and shaped the legality one way or the other..

This is making me very nervous and lets all hope for a Positive decision.

GS2

[To The Real King!!]

Hi Gunsmoke,

I know you are worried about this one but on the basis of logic alone I ask you to consider this.

To rule against Mr. Justice Brenner, this appeals court of 3 Judges also have to rule in one shot, against the recent Madame Justice Pettit Baig decision in Ontario as well as against the Judge in the WIC v Roy Levin decision and Mr. Justice Brenner, now the head of the Supreme Court in BC, a very respected Judge in their home Province. Additionally they have to go against Judge Klebuc, Judge Halliburton, Judge Kennedy and Judge McLellan, all criminal court Provincial or higher Judges where there is a different standard than in the Civil courts. In order to do that, and go against so many Canadian Criminal Court Judges I would think they would prepare a very extensive WRITTEN ruling giving all of the reasons and justifications to go against so many.

However if they are going to ratify Mr. Justice Brenner’s decision, I would think that’s pretty easy. A VERBAL ruling that says essentially “we agree with the lower courts opinion” would suffice. No complex reasons need be given as Mr Justice Brenner gave those in his ruling.

That they are going to rule VERBALLY tells me a great deal about what it is they are LIKELY to rule.

I think you can relax a bit because going against so many Judges and having ONLY Mr. Justice Gibson in Norsat to back you up would seem to me to require very extensive explanations while going WITH Mr. Justice Brenner requires only the briefest of “we agree” because Mr. Brenner explained his ruling very well.

Its inconceivable to rule against that many without very complete explanations, far too complex to be given orally.

I therfore expect the BEST!!!

And I sure hope I am right :)


Thanks & Good Luck,

To The REAL King!!
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[gunsmoke2]

Hi TTRK,

The attorney clearly left a message that it would be given orally on my cell... its still there if you want to hear it.

However after two phone calls today the decision will NOT be given orally..just a WRIITEN decision to be picked up..

Like yourself I was happy to hear about it being delivered orally probably for the same reasons you were...

The Wic case was NOT handed in to the court of appeals as I guess they ( Peck) decided it was relivent.. I don't make the decisions for the law firm but if it was my case I would have push for it to be submitted.

Justice Baig's decision was handed in too late to be considered according to Peck so that case might not used.


So they will not be rulling against Wic v Roy Levine.

Justice Baig's decision was handed in too late to be considered according to Peck so that case might not used.

As this is a civil matter I believe they would consider the other civil Judgements as weighing more heavily than the criminal ones..

Such as Tedmonds.. The Spot.. and Norsat.. all argued very strong and very good by Mckenzie.. in fact one Judge said if there was a civil federal court of appeals decision that was the same or similar as this then she would be bound by it..

Of course the main Decision to consider would be Justice Brenner..

They( Peck ) are expecting a split decision on this because of the time it took.. they are calling this 50/50..

Not much has changed since I was there.. one Judge against.. one in favour and the other undecided..

So I am quite nervous and not relaxed as my Judge and others are waiting for this decision..

I certainly hope for the best..

GS2

[Edited by gunsmoke2 on September 5th, 2000 at 10:24 AM]

[To The Real King!!]

Hi GS2,

Well its OVER AND WE WON.

Now you can relax 2% or so :)

Its a Natural High :)

http://www.legal-rights.org/images/niceday.gif
Thanks & Good Luck,

To The REAL King!!
-----------------------

[gunsmoke2]

Yup.. a natural high.. no 2% for me.. hehe..

GS2