This essay is a reworking of some other writings I have done, explaining the difficulties I have been having with the dysfunctional judicial system of this country, specifically as it pertains to the "take down" of the Cause Pimps site and domain and my need to rework it and rename it, and relaunch it in a more secure base.
It is not "difficult" in that it effects my quality of life in any way. What frustrates the bastards going after me is that there cannot really do anything to me. They do cause me to spend time dealing with their crazy shit when I would like to spend more time on more productive things.
Perhaps not "more productive things" but things more interesting to me. Preparing legal documents and formal complaints to government officials is more tedious than writing blog essays in worthy topics, and building web pages. But it might end up being a very productive activity, especially if I can get some substantial money for all the tort-ures I have endured, and helped to catalyze some very necessary changes.
Andy Lehrer has been suing me for my file on him in the cause pimps web site. This is the first time one of these jokers has had the jam to actually take me to court over it. Usually they just try to get the site taken down by the ISP. Usually that works because of the inadequate laws and the gutlessness of ISPs.
He also sued the ISP (Internet service provider) it was installed on. He wants a pile of money in compensation for libel and the pages concerning him taken down. The case is quite a long story already, although it is particularly unjust to the service provider, who has had to hire lawyers to defend the claim, but can not get any significant damages from it when Lehrer loses.
This is one reason why Lehrer may believe he has no risks in pursuing this action. He is representing himself. I have had a lot of trouble with the judicial system in Ontario. Some of these judges really hate self represented or "pro se" litigants, although that is the way courts should be operating.
I have also had some success in getting justice in the courts. However, Lehrer seems to have the idea and has said as much, that I can never win in court because I am black balled. I think I am doing well this case despite some problems with blackball judges and manipulations of process, as I will describe below.
Lehrer had offering to drop the case if I remove the pages, agree not to put them up anywhere, and never say anything about him again. No chance. He also says he is going to take me to criminal court if I keep them up after he gets a ruling that they are libelous. That would be cute.
I thought the courts would be afraid of the consequences of allowing cases such as Lehrer's to succeed. It would be a disastrous precedent. Things are already bad enough for people trying to run web sites that are the remotest bit controversial. Rather than trying to prove libel in court, abusers can simply go after the ISPs, the carriers of the content, who are in a hopeless situation as I said, and inclined to take a whole web site down on the basis of one complaint, no matter how frivolous.
What frustrated Lehrer was that I have found a server with a strong belief in the integrity of the internet and in the concept of freedom of speech. Their lawyer has challenged Lehrer and forced him to modify his claim. This is what Lehrer calls his "settlement" with the ISP. They have agreed to do what they always committed in their terms of service to do; take down the pages if there is a court decision that they are libelous.
My argument all along has been that they are not libelous on four points, grounded in common law. One is that I cannot take from Lehrer a reputation he does not have. As you can see from reading the pages, although you can't at present, he has a huge reputation as a troll, stalker, bully and troublemaker within the "left activist" community. There are more than a dozen contributors to the pages.
The second point is that the matter is true. If there is anything clear and consistent in common law, it is that the truth is an absolute defense against libel. The matter does not have to be true in every point. It just has to be substantially true. The publisher of the material must believe it is true.
The other points are that Lehrer is a public figure and the publication of the information is in the public interest. Especially in the atmosphere created by hyperpartisanship in Toronto, people have a right to know what other people are saying about someone before deciding whether to get involved with them. It is no different from rating a business or a professor.
So, I have a court case going on and it will continue for some time. The defendant, me, has to think tactically about this. Lehrer insists that the material is interfering with his life, making it hard to find employment. He says he has withdrawn from social movement activity in the past two years. He is now married.
He has still been involved in some harassment of people. However, I think it would be a good idea to take him up on that trope. As I suggested to the court mediator, I could consider a conditional withdrawal of the web pages as long as he agrees to not just leave me alone but leave everybody else alone, and find something useful to do with his life.
In other words, turn over a new leaf, Lehrer! I have dropped the files of some people on this list who seem to have dropped their involvement in the various political attack networks. If it becomes clear to me that he is doing that, the pages can be removed permanently.
So, to reinforce this, I am taking the Lehrer file down and replacing it with a single page, which you will be able to read once everything is moved over. However, this issue is separate from the libels and malicious behaviors Lehrer has directed against me. The irony of Lehrer suing me for libel is that it has finally motivated a few members of the public to come forward with information about Lehrer's libels against me.
I now have the first written statement about Lehrer's defamations against me. I could use some more. It is starting to turn into me suing Lehrer for defamation and I am not sure what to call his action of getting me fired from the civic election. My difficulty is that I have trouble getting the "defendant's claim" form filed because I delayed filing it.
I tried the first time but I did not have it finished; there were still things going on. So the motion court judge would not approve, which I do not think is proper. It should be about whether I have good reasons to file late, not the content of it.
So I finished it up and tried again. This time I think I was ambushed. A good sign of that is when the venue changes suddenly. In this case I was not even informed that the case was moved from the usual room where they hear motions, to another one, and an hour earlier.
It was also strange that there were no other cases in that room that day; just this one motion for leave to file. Lehrer did not appear in person but the judge had him on the phone. It is also singular that this judge was so abusive and hostile right off the mark.
I really did not like it when he started ranting about "If you do not stop self representing..." Now, how does he know anything about me at all? And if he does not accept the idea of pro se litigants, he is in the wrong place. This is small claims court.
Then he started the narcissistic bully's battle cry; "Why are you so rude to me?" Yeah, right. I headed for the door, so of course he shouted at me to get out or he would call security, to obscure the fact that that I was walking out because of his abuse.
As I went out into the hallway, I met the security beef coming in. They asked me what happened. They had never heard of this judge before. They were actually apologetic about this.
Of course, I could not hang around and get the endorsement, so I did not find out until the trial the next week that he had made an order that I could not make any more motions to file a defendant's claim. What sense is that? There will be no trial until it is filed.
However, the case was postponed. The judge that day wanted another try at mediation. Lehrer did not want it but I did. Lehrer is really hung up about getting the page taken down. He is convinced, or trying to convince himself and me, that he will win hands down. What it boiled down to was that I was willing to take the page down conditionally if he stopped all his nonsense.
Lehrer might be a candidate to have his folder on cause pimps struck. I have removed people who seemed to have retired from the profession of being cause pimps and opportunist assholes. Some people are saying that Lehrer does seem to have dropped out of this sort of thing in the past couple of years.
However, I want some recompense for the crap I have had from him. So, I am going to have to figure out how to get my side of the case back in. It seems the fight is moving away from the web site itself and more to my grievances with Lehrer, and with the good old Canadian "justice" system.
I have had a very hard time getting cases into court because I am blacklisted by every element of the judicial system, from legal aid which is in the pockets of the NDP, to the court system which seems to be controlled, a least partly, by a network which has me blackballed.
But the ISP couldn't seem to get away from it. The owner of the ISP is concerned about freedom of speech, an open internet, and fairness to net providers. I am concerned about these too, but I also have a big issue with the hostility of the court system to pro se litigation.
I still hadn't started moving my web site to Switzerland. I just have been too busy to do it, but also the Swiss currency kept going up against the Canadian dollar, preventing me twice from transferring the funds. ( Oops! Need another ten dollars again...)
I did not find out until trial date number one that Hunt had made an endorsement, what normal people call an order, that I could not make any more motions on the case. So the defendants claim, which I had got the clerk to accept, could not be considered by the judge. This was not much different from being barred from filing a defense.
However, this judge seemed a lot more reasonable. He wanted some more mediation. Lehrer went ballistic about that. He wanted a trial. But we spend about two hours in mediation.
By that time it was too late to start with a trial. It was put off. Lehrer demanded the quickest date possible. I said I was in no hurry, I had this problem of being unable to file my defense. The judge seemed a bit sympathetic and suggested I talk to the people in the legal advice office.
It took awhile to get an appointment with the legal advice office. I had to go down there three times. I had to get a copy of this judge Hunt's order. One time I waited and the clerks could not see me before closing time. They don't give rain checks.
However, I finally got through to the legal advice office. I found that the 'pro bonehead' lawyer on duty that day worked for a bank and knew nothing about this kind of law. The staff running the office looked embarrassed.
Eventually they decided that all I could do was make a motion, to get permission to make a motion, to get permission to file the documents which were necessary, for the case in which I was the defendant to proceed. I also had to file an application for a stay in the June 12 court date, while all this played out. I had to write a letter to the trial scheduling office. I also had to send a letter to Lehrer, asking him to fill out a form okaying the delay. Fat chance he was going to do that.
Meanwhile, I got a motion court date of June 11. I went up there and found that presiding in motion court that day was my old friend judge Kilian. He saw me in the crowd and immediately took a five minute break.
Soon after he came back, this goon in a different uniform than the other security people, with a stab vest and sap gloves on, and no nameplate, came in. Usually there are no security types at all in these courts. I went over and asked him what he was doing there. I got mumbles about how he was going around to different courts.
There was also something wrong between the clerk's ears. I could not get through to her that this judge could not sit on this case. She finally said I should go to 'the counter', the central reception area, at lunch break and ask them to introduce me to the trial scheduling office.
The clerk at 'the counter' could not understand what the motion hearing clerk was talking about. What she was supposed to do was relay my message to the judge that I wanted him to recuse himself. This clerk happened by and was asked what she was going to do to resolve the problem. She went into the scheduling office and came back out with a mumble about there being no record of any 'conflict', as well as some semantical gibberish about the difference between a 'conflict' and other things.
This creepy thug was in the court again for the afternoon session. I again asked him why he was there and this time he was more aggressive. He dared actually look me in the eye. He gibbered about somebody making a complaint. About what? No coherent answer.
I had one more go at telling the clerk I needed Kilian to recuse himself. This goon started hovering over me. I had some trouble getting him to back off. Then Kilian started up his court again, and moved my item to the head of the list.
I went up to the plaintiffs chair, while the clerk arranged a conference call with Lehrer. I started telling Kilian, just like the last time, that I wanted him to recuse himself. This time he had his goon literally hanging over me. I told Kilian to get rid of him.
No one resembling Kilian in any way, shape, or form should ever sit as a judge. The worst thing is he has this eye that keeps moving over to the side of his head when he gets excited. He speaks so badly that it was hard to understand what he was saying. He said "If you walk out of this court again..." and the rest was unintelligible.
I got up and walked out of his court. Again.
I went up to 'the counter' again and asked to see the manager of the court immediately. The counter clerk seemed to have a pretty good idea why and he assured me he would get her right away. He was looking behind me and I turned and here was the goddam goon from downstairs again. He had put his name tag on; Baloutine, or something close to that.
I got my cell phone out and tried taking his picture. He turned and started walking away from me. I went after him. He literally hunched down to prevent me from getting a shot of his face and name tag. I told him to stand up straight. He threatened to arrest me. I asked him what he thought he was going to arrest me for. He said "trespass".
That was nonsense, but he was clearly about to flip out so I put away the cell phone. Most of the people in the waiting room had noticed and most were perturbed. I could see through the windows that the clerks were also alarmed; by the goon, not by me.
The head counter clerk motioned me in. I found that the other clients had been removed from the alleyway, and all the clerks. It was starting to take on the atmosphere of a swarming, an attempt to crank up a mass hysteria against me. The manager was standing behind one of the wickets. I had talked with her briefly before, when I handed her the complaint about hunt.
And of course the goon was there, standing so I could not even come all the way up to the wicket the manager was behind. He had taken his name plate off again. I told the manager three times to get him out of there. She gave me gibberish about how she can't order the police. So I left the building. I was surprised he did not try to follow me onto the elevator.
Next morning was court day. Bright and early, I phoned the small claims office. I had a very long and hard time trying to get through. Finally I got someone on the line who treated me like a complete idiot when I asked her to arrange a conference call. I have Skype, so this should not be difficult at all. She had the idea it should be arranged in advance. There is no technical necessity to arrange it in advance, people do conference calls all the time on a few minutes notice.
I tried to get her to send a message into the court that I was not going to be there because I did not feel safe to go into the courthouse. Again, a contemptuous attitude. She said she could not go in while the court was in session. It could not be in session because I was not here, and clerks carry messages into the courts while they are in session all the time.
Why were you thrown out of the court house? You must have been causing a disturbance. Such was the attitude. So, I had done what I could to get through to the court.
The judge decided for Lehrer and awarded him $25 000 in damages. The web server has no choice but to take down the whole cause pimps site. Handy Andy Lehrer, the plaintiff, probably thinks that is the end of it. He is in for a surprise.
I have always been aware that what I was really going to be fighting here was not Lehrer. He is an idiot. I would be up against this clique at small claims court who have blackballed every case I have tried to bring there, from about ten years back.
This is why Lehrer thought he was clear to go after me. This is likely what he was talking about when he said he had a lawyer from a legal clinic who assured him he would win. This is a great use of taxpayers money; however, I have found that the legal clinics and the whole legal aid structure are aligned with the people I am mostly having problems with; like FMTA, the cops, TCHC, and the city.
My health is now a lot better than it was when I started. I have now learned a lot about law. In fact I am taking paralegal courses at George Brown college. I have finally got these blackballers to cross the line. After all these years of crap, it is now "game on".
These networks do not have full control; Lehrer could not get anywhere when he tried this thing in superior court. That is why he went to small claims, the most corrupted court. And I have won in small claims court too, even against the cops. I even shook up Google enough to make them stop blocking my domain.
As I said at the start, I think I am finally getting what I have been needing for all this time; an investigation. Lehrer has handed me what I really need, a way of showing the bias and abusiveness of this court. Everything these retards do against me seems to end up working in my favor. And "Fat Bastard" Lehrer thinks he has won!
It is also a lot easier to deal with these kinds of people when I am in reasonable health and have fairly consistent good mental focus and energy. That was my problem earlier in life; wandering around very ill and unable to get a proper diagnosis. That is a story it itself, but not here. But I should explain a bit about myself.
My health and vitality has been up and down, but in recent years much more up than down. I know a lot more now about how to treat and manage my conditions. But my health problems were caused in the first place by the pieces of synthetic shit I was left with as a child. I was caused great physical damage by abuse and neglect then. I was caused more harm as I tried to create a life for myself, and crack the mystery of my health problems.
I have no patience with empty, phony people with unjust attitudes. Such people, of course, really do not like me. I have now organized my life so they can't really get at me. I think more these days about why the worst of people seem to be in control of everything, and why it is so hard to get justice done. I think I am going to start focussing on that; really raising hell about these worse than useless courts.
A lot of people are doing much the same these days. There is a lot on the net about the inadequacies of the kind of police, criminal, and civil systems we have. Especially, the rabid hostility toward people simply trying to exercise their right to represent themselves, to not be worked over by lawyers in the pretense of "defending" them. Self representation in court should be the norm, because there is no other way justice can work.
Concurrently with this, I will be revising and renaming the cause pimps site to refocus it and make it clearer what the aim is. The causepimps domain seems to be burned, anyway. As well, I might start a web site about the court system.
This does not mean I have a grudge with court staff in general. I think a reason they have so much trouble keeping good staff there is that it is not a great place to work. The heat is always bad for some reason in the waiting room and in their working areas. But the air conditioners seem to work in the court rooms. It is probably cool in the offices of judges and other muckamucks, too.
The staff at small claims are becoming short handed again. One of them complained to me that seven people had left in he past eight months, including one the management knew was going to leave, but they have not replaced them. It seems the excuse is they need time to hire and train new people.
Many of these clerks 'clients' range from being annoyed at the waiting time to being stressed to the breaking point, or beyond. I have seen some scenes back there in the counters. Many people started screaming at them. I try to be nice to them unless they are assholes and then I just tell them to get another clerk, which usually brings on some drama queen nonsense but also a better clerk.
I was there when this obviously unprosperous woman started shouting and then completely melted down. She was not suing them, they were coming after her and it never ends and she can't get the goddamned clerks to explain things to her and.... She started bawling her head off and collapsed on the floor. The security people, I mean the real security people, ended up half carrying her to a chair, bringing her water and fresh kleenexes, etc.
The problem is with the higher ups. So far these have been complete shits. However, I now have the Ombudsman interested in this. They can at least deal with court administration. They have given me some very good advice about how to proceed against these fuckers.
It means so much to find people who are willing to do what they are supposed to be doing, and can offer some support. I am not totally on my own. I just hope the bullshitters do not manage to get rid of Marin and put their own kind into the position.
I have just started the "Q&A" with the Attorney General, small claims administration, and the city cops, and I will not keep things secret. This is something the public really should know about and I will post updates when there are developments.