Monday, November 16, 2015

Another Organized Pseudolegal Commercial Argument (OPCA) Case in Alberta

An Alberta man ("ACG") challenging the court process initiated by the company that holds a second mortgage on his property has been labelled an "OPCA" litigant for relying on "organized pseudolegal commercial arguments".  Although he admitted that he had stopped making payments on the second mortgage, ACG claimed that the terms of the mortgage were unfair and predatory, that there was lack of disclosure, that he was not aware of the terms of the mortgage when it was signed (constituting fraud), that the mortgage was unsupported by valuable consideration, etc.  He also made "advanced stereotypic and well known OPCA arguments and motifs, such as the double/split person "Strawman"."

The "Strawman" double/split person concept is used to attempt to avoid legal obligations through "the notice of treating a named individual as an "estate" that is somehow separate from the person who is subject to the law and that is free from governmental regulation".  ACG's sought to distinguish himself as a "individual human being" from his legal "person".  One part of his split person may have signed the mortgage, but the other part is not bound.  ACG swore the following in an affidavit:
1. I am a man and an individual human being with standing within the territory commonly known as Canada.
2. I am exercising my right NOT to take recognition as a person before the law.
3. I am not a person or any class of person.
4. I am the Beneficiary and Grantor of the account referred to as the juristic person [ADG].
ADG referred to his birth certificate and statement of live birth in connection with the last point.

In addition to the "Strawman" arguments, ADG also claimed that what was loaned to him by the mortgagee was nothing more than "book-entry credit created out of thin air", which constituted fraud.  The Court Master hearing this case did some research on the term "book-entry credit" and found that it had been discussed in a number of Australian court decisions.  The source of the "book-entry credit" argument appeared to be a book called "How to Screw 'Your' Bank".  The Master rejected this argument.

After granting the order sought by the mortgagee, the Master concluded her reasons with the following:

Beyond that, it would be a pity if ADG lost his home because he exercised poor discretion in his search for reliable sources of legal information. There are better alternatives than obsolete legal dictionaries, discounted texts like How to Screw ‘Your’ Bank, and Youtube videos of men scribbling on whiteboards. The decision is, of course, up to ADG, however, he should think carefully before he makes statements such as: 

I can find no law that authorizes book-entry credit and thus must conclude it is fraudulent criminal activity which I cannot take part in. ...

He cannot expect the courts to view him as a ‘fair dealer’. When he makes such statements the Court may be inclined to accept the alternative that ADG’s appearance in court is for an improper and ulterior purpose. If so, ADG can expect negative consequences.

Read the decision at: Crossroads-DMD Mortgage Investment Corporation v Gauthier.

Thursday, November 5, 2015

Grain Farmers of Ontario appealing neonicotinoid decision

Grain Farmers of Ontario ("GFO") is appealing the October 23 dismissal of its challenge to Ontario's neonicotinoid regulations.  That appeal is made to the Ontario Court of Appeal.  GFO is also making a motion to the Ontario Divisional Court for a review of the earlier Superior Court decision dismissing GFO's request for a stay of the regulation.  GFO says that, "We believe there are proper grounds for these steps".  GFO's news release can be found at: GFO Appeal.

This challenge by GFO still strikes me as an attack on government policy, something in which the courts are loathe to interfere (as was noted by Justice Akhtar in his dismissal of the case).  GFO's news release doesn't provide any details about the "proper grounds" for the appeal(s).  We may need to wait until the appeals are heard (if they proceed) and decisions rendered to see what "proper grounds" are being advanced.