A Judgement Construction by B.C. Supreme Court Justice Richard Blair
Justice Blair said:
[20] Dr. White deposed that he discussed the risks of the vasectomy with Mr. Postnikoff on both September 30 and November 5, 1994, before referring him to Dr. Morrow. Blair, J. BLAIR J.
The B.C. Court of Appeal Madam Justice Ryan said:
[10] Dr. White deposed that he discussed the risks of the vasectomy with Mr. Postnikoff on both September 30 and November 5, 1994, before referring him to Dr. Morrow ... "Madam Justice Ryan"
[11] ... on September 30 and again on November 5, he discussed the risks with Mr. Postnikoff before sending him on to Dr. Morrow... "Madam Justice Ryan"
Expert Evidence Question #5
Question 5: |
5) If... Dr. Philip Anthony White's affidavit deposed that risks had been discussed on September 30, 1994, What were the risks claimed to be discussed on that day that appear within his affidavit? |
Expert Answer 5: |
5) There is no reference in the affidavit to specific risks claimed to have been discussed on that day. ... John David McGreevy, Barrister & Solicitor. |
The Acceptance of Judgement Construction and Fraud Within Canadian Courts.
WARNING!!
The Truth:
Judge Blair alleged evidence that failed to appear anywhere! Judgement Construction. Fraud is claimed.
There is no evidence presented by Dr. White to support Justice Blair's and Justice Ryan's allegations that risk had been disclosed. Fraud is claimed on an alleged consent and alleged doctor evidence that failed to appear. A precedent of corruption and distrust in Canadian law permitting a Judge to make allegations not supported by evidence. Justice Blair is not required to explain.
Justice Blair said:
[11] I conclude that a decision in these Rule 18A applications ought not be precluded solely because Mr. Postnikoff is unrepresented. I am further satisfied that from the material filed in these applications I can find the facts and make conclusions on contradictory evidence as are necessary to reach judgment and that to do so would not be unjust: ... Blair, J. BLAIR J.
[16] ... However, I find that the material provides me with the requisite base upon which to reach conclusions on the issue of consent. Blair, J. BLAIR J.
WARNING!! Judgement Construction
The Honourable Coulter A. Osborne; Associate Chief Justice of Ontario said:
Mr. Justice Blair did explain to you at the hearing that a summary trial was conducted on the basis of affidavit evidence. Your allegation that the judge did not permit the examination of witnesses cannot be sustained since this was a summary trial and not a trial. "Honourable Coulter A. Osborne; Associate Chief Justice of Ontario"
Court Ordered Closed Court - No Witnesses Are Permitted
The Plaintiff requested a trial: (The following is taken from real court documents.)
40. It is respectfully submitted that the Notice of Motion be set aside on the grounds that the Honourable Court should be allowed to examine all the material facts and all the evidence that is to be presented at the trial and the examination of all the witnesses; and that a proper examination of the evidence and the facts may not be possible during this Notice of Motion. Important details that I wish to present to the Honourable Court to assist the Honourable Court in making its final ruling.
I respectfully request that the Notice of Motion be set aside so that the defendants Dr. Philip Anthony White and Dr. Donald Ray Morrow; The Kelowna and District Hospital Society provide its nurses, emergency room physician and all persons having first hand, direct or personal knowledge of the facts so they are available to me by the defendants for cross examination at trial.
|