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Old 23rd July 2010, 03:17 PM   #182
Stacey Grove
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Terry Bouffard, a protege of Menard has just found out that perhaps a fee schedule may not in fact be enforceable. He's posted this on WFS and asks Menard for advice:
A bit of a bad day everyone.

Had the manditory settlement meeting today in my small claim against the London Chief of Police. My claim was that he didn't pay his bill I sent him as per my fee schedule.

Here is how that meeting went as best as I can remember it. It was held in a private room:

Judge Potter was the judge in there (a woman that seem to be in her 50’s)
Miss. Woziak was the lawyer representing the defense. Apparently she worked for a law firm that is on retainer from the City or the Police Services.

I first asked the judge if this meeting was considered ‘on camera’. She didn’t understand so I said ‘as in judges chambers’. She didn’t say yes or no, she said ‘It’s a private meeting to try and openly and frankly settle the matter.

The lawyer said “May I plug in a lap top, I have a video that I would like to show you”. The judge said “No, this is not a trial and I won’t be reviewing that kind of evidence here today.”

I then asked why isn’t Murray Faulkner here? The forms say he must be here or have a court order that excuses him. The lawyer said that she is the council and that she has the authorized people at the Police Services who can negotiate something ready to take her call if needed.

The judge then said I’ve gone over the paper filed for both sides and must say I’m confused. I’ve never seen anything like it before. What is a Freeman? To that I said “What does it matter? Are we not here today to discuss the claim?”

“How is this a claim?” The judge said. “Did I not have a contract with Murray Faulkner?” I asked. And the judge said “Did he sign anything?” I said ”Does he half to? Does not his silence indicate his agreement?”

The judge then said “What is a ‘Fee Schedule’? I’ve never heard of such a thing”. I was a bit stunned at this because the small claims court brochures have a ‘Fee Schedule’ listed in those.

I can’t remember the exact series of event that happened next so I’ll just throw out the things that were said as best as I can remember. The meeting took about 15 minutes.

Judge: I want to know more the Freeman stuff that is mentioned.
Me: Okay, but how does that relate to anything were here to settle today?
Lawyer: Let me see if I can help you and Mr. Bouffard can correct me if I’m wrong but I’ve been trying myself to study them and haven’t found much but it appears that it’s a movement that started in the States and they only obey the common law…..
Me: A Freeman is mentioned in the Magna Carta. It’s my understanding that the foundation of this court is in the Magna Carta and common law as stated in its own publications.
Lawyer: But the common law is now part of statute…
Me: I am a member of the World Freeman Society (judges eyes get a slightly bit bigger when I said that) but I still don’t see how that affects my claim.

Me: The Chief and I had an agreement. Did he not get the notorial presentment as per the bills of exchange act? Isn’t a notary an officer of this court? Are you going to ignore the testimony of an officer of this court?
Judge: What? A notary is just someone who witnesses stuff. You are totally wrong.
Me: Were talking about the maxims of commercial law here and I even filed them into the case.
Judge: What do you mean?
Me: A maxim of law (blank stare from judge) Blacks law 8th edition, a Maxim is a traditional legal principal that has been frozen into a concise expression. And some of the commercial maxims, An unrebutted affidavit stands as truth in commerce.
Judge: Where do you get this stuff from? There was no contract. Where was the performance? The compensation?
Me: The chiefs men ordered me to do things and I complied under protest and duress as they had guns.
Judge: How is that a contract?
Me: I performed their orders and had a fee schedule that listed the costs, you know, as if you were to go into a restaurant, order from a menu and then pay the bill. Did you sign any contract before you ordered the food?
Judge: (Look of confusion) Well no, that’s not the same.

Judge: The argument from the defense (that this claim is frivolous and vexatious) is well taken and I’m dismissing this claim.
Me: May I appeal that decision?
Judge : I don’t know…
Me: Listen, let me say one more thing; If we are all equal before the law and Murray Faulkner Chief of Police may do business with the public as stated in his own publication taken from the police website, may I also not do business with him?
Judge: Where do you get this stuff?

Judge: I agree with the defense that Murray Faulkner Chief of Police is not the proper defendant in this and I’m going to dismiss this claim and does the defense have any expenses that it seeks?
Lawyer: We have seen a number of similar type of paperwork from other Freemen and we would like to send a message to them so we are seeking $100.00 as we are on retainer and having not gone to trial there are not many expenses….
Judge: Well there was some filings fees correct? I’m going to order the plaintiff to pay $200.00
Me: May I appeal that?
Judge: That is something you are going to have to look into. And may I say that I don’t know if you do this for a living or what but I suggest you come up with something more constructive to do with your life.
Me: If I don’t stand up for my rights, no one will.

End of meeting.

Here is all that was filed in the case from both sides:

So, I guess I'm going to have to look into an appeal. There is probably a good chance they will reject it if they are all like this at this court.

I probably did some sort of public / private mix up but I have a good feeling this judge wouldn't care at all. She seemed to have had her mind made up before I went into the room.


Terry then asks Menard how to collect the fee schedule.
Menard's response has me in stitches:

I would use a claim of right, and claim the right to seize and auction off one of their cars. Once I had that document, I would sell it on ebay and force them to either buy it, or sell it to someone who would have fun with it.
It's all here:

Last edited by Stacey Grove; 23rd July 2010 at 03:24 PM.
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