Wednesday, December 01, 2010

Ottawa CAS (Represented by Burke-Robertson Barristers & Solicitors) Fail in Motion against Unrepresented Litigant

The Children's Aid Society of Ottawa and it's executive director Barbara MacKinnon made a motion to the court through their legal counsel, Burke-Robertson Barristers & Solicitors attempting to have the charges against them dismissed.

On the date of the Society's Motion, the respondent was unable to attend court meaning the court could only consider the Society's motion materials and oral submissions.

After considering their submissions the court dismissed their motion on each of their submitted grounds and ordered that the parties appear before the court again on September 9th, 2010 at 1:30pm to set a date to proceed to trial.

The Burke-Robertson (Society's legal counsel) lost the motion against the unrepresented litigant who was unable to appear and make his own submissions.

The grounds the Society attempted to rely on in their motion claimed that the charges:

  • were improperly brought in "bad faith" and were vexatious and and abuse of process
  • were improperly brought as an "entrapment" of some sort
  • are not within the jurisdiction of the Provincial Court to deal with
  • are somehow prevented by PIPEDA and FIPPA (federal and provincial privacy legislation which does not apply to CAS's)
  • were brought by Mr. Dunn just to get the Ministry of Children and Youth Services to investigate them for breaking their annual service agreement between the Ministry and the Society
  • and that they should not have to comply with the current law because it might change one day in the future.
Update: Sept 09, 2010: Their motion failed and now a  trial date has been set for Wed. Dec. 01, 2010 at 9:00 am. See further details at http://www.fostercarenews.blogspot.com or call 613-220-1039 (or text) for details)

    2 comments:

    1. CAS staff may think they are above the law, often violate the law with impunity, but as this case shows if you fight for your rights and bring those to justice who repeatedly violate the law will be held accountable sooner or later. Better later than never!

      The citizens of this great land are becoming more and more aware of what is going on and are joining forces to hold anyone accountable in a court of law including CAS and even the Police who abuse their power and violating the law!

      CAS workers should very carefully consider their actions for they will be held liable, even criminally where warranted. Moreover, members of the board of CAS agencies are not shielded by the corporate veil and can be held personally liable if they permit their CAS agency workers to be negligent!

      Many think being a board member is just window dressing, but in fact it holds a serious fiduciary responsibility to ensure the corporation operates duly in accordance to the law!

      Respectfully,
      Attila L. Vinczer

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    2. I wrestled with this organization a few years ago and the verdict was much the same.. HOWEVER.. the damage to my family that was inflicted during the fight has had long lasting effects and of course that can never be addressed...
      My sons and I were scarred by the very body funded and tasked to protect children.
      Sounds a ton like the abuse I was acquitted of..... but of course.. There is no way to 'report' the abuse inflicted upon the family by the system.
      In response to the letter by Attila Vinczer... Have you met, socially, a CAS worker? Most I have met carry on like they have been endowed by Jesus, the mantle of saving the human race... questions do not seem to be part of their repertoire. Sadly

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