Chronicles of Twatrick: Setting Patrick up for a spanking.

There's a reason I'm really hammering home these details related to Alberta's "Drop Dead" Rule 4.33, and that's because it's easy to show that Patrick follows this blog and, therefore, when he goes before a judge to argue against my Application, he will have no excuse for not knowing the issues before the court, and the court will have very little patience with his typical whining and grievance fest style of argument.

As an example of how Patrick argues (and how judges will not tolerate his blithering rambling), I refer to my 2021 application to register my 2010 Ontario judgment in Saskatchewan for the purpose of collection enforcement.

My SK lawyer, unsurprisingly, put forth an argument grounded purely in provincial and federal law. Patrick, on the other hand, submitted by way of response a litany of whiny grievances going back to 2008, and complained about how this was all unfair, and that I won my 2010 judgment using fraud and perjury, and that he never got the chance to defend against it (he chose not to submit a Statement of Defence, remember?), and on and on and tediously and irrelevantly on, to the point where the judge's ruling granting my registration concluded with the following gem:

 

 

That's right ... the judge was so mightily pissed with Patrick's incoherent hearsay, opinion and argument that she not only ruled against him, she mocked his response as "baseless and scandalous", and awarded me enhanced costs because of it. And when Patrick loses this Application, I guarantee that I will be putting the above in front of the judge as an argument for enhanced (if not full) costs, showing that Patrick has a pattern of this sort of time-wasting nonsense. 

So Patrick is welcome to try the same sort of nonsense he has tried before, since I will be ready for it, and it will end very badly for him, indeed. Like the kids say these days, I'll be bringing the receipts.

BONUS TRACK: Even if Patrick has an attack of sense and drops his idiotic lawsuit against me before this goes any further, he would still be on the hook for my legal expenses related to this going back to the initial filing in 2022.

 

 

No matter what Patrick does, he's going to be paying costs. 
 

 

Chronicles of Twatrick: It's quiet out there ...

Against my better judgment, I checked in on the Twitter account of undischarged bankrupt Patrick Ross and, unsurprisingly, there was nothing about the last several days of Rule 4.33 blog posts here, despite the fact that we all know Patrick reads this blog and loves to tweet snarky, condescending insults so let's summarize how this is going to go down.

As we have all learned recently, Alberta's "Drop Dead" Rule 4.33 has nothing to do with a lawsuit's merits, or the childish and frivolous malice of the Plaintiff, or anything like that. It is, rather, a purely and exclusively time-based rule -- if a civil claim has been stalled for more than three years, then upon application by the Defendant, the Alberta court is required to dismiss that action for long delay. Nothing else is taken into consideration other than the three-year deadline. Which Patrick is well past by now so, yes, he's going down. So what is the point of documenting his childish bragging over all that time? 

I'm glad you asked.

All of that is being collected and will be placed before the court to justify a significant subsequent costs award, as I have shown before:

 

Note point 3. above, which clearly shows that, yes, a judge can order full costs if the Plaintiff's conduct is seen as "an abuse of process," and if you don't think more than three years of Patrick bragging about this filing while refusing to move it forward does not fall into that category, you have not been paying attention.

Also, there should be other surprises for Patrick when he shows up for that hearing, but I'll keep all that to myself for now. 

BONUS TRACK: One of Patrick's most damning and self-destructive tweets would be this one:

 

 

wherein Patrick openly admits, back in 2023, that he is failing to advance his lawsuit, then continues to do nothing for another almost three years. I guarantee that tweet will be front and centre in my costs submission.

PATRICK'S POSSIBLE RESPONSES: It's worth pondering (or even predicting) how Patrick will fight back against this application, given that he has very little latitude. We already know about the Rule 4.33 three year time limit, and we know from the case's Procedure Record that Patrick has done absolutely nothing for well over three years, which means that the court is required to dismiss his lawsuit. So what are his possible defenses?

As I've mentioned before, there is a short list of very specific exceptions under which the court must not dismiss a lawsuit pursuant to Rule 4.33:

 

That's it, and I can assure you that none of the above are in play here. There is no authorized court order to pause this case, there is definitely no mutual agreement to put it on hold, and neither party has done anything that could be considered "active participation" that would have resulted in a "significant advance" in the case.

And that's it ... that's all Patrick can argue, and none of it holds. So what will he do? Who knows? 

Chronicles of Twatrick: No, he can't play games with Rule 4.33.

Anonymous commenter on previous post asks, if Patrick's dumbass 2022 defamation lawsuit against me is kicked to the curb for inordinate delay via Alberta's "Drop Dead" Rule 4.33, does he have the freedom to simply refile it?

Google AI says not likely, due to simple deadlines:

So Patrick is still totally and utterly screwed.

Are you not entertained? 

P.S. It's going on five days since I posted about using Alberta's Rule 4.33 against Patrick Ross' meritless lawsuit against me and, in an unusual development, Patrick has been absolutely silent about this over at his Twitter account. This is very unlike Patrick, who delights in bla-har-har-ing everyone and everything and proclaiming his legal acumen and how he is "winning" at all of this. 

One wonders what is keeping Patrick from mocking all of this. 

OH, DEAR ... one of my loyal followers gifts me with this screenshot of Patrick from a recent YouTube video:

 

 

I can attest that it is unaltered and unretouched. It may be childish to fat-shame someone, but given Patrick's years of mocking others online for a variety of reasons, this seems only fair.

Chronicles of Twatrick: The terror of Rule 4.33.

And just because I feel like it, I will again explain how utterly screwed is Lloydminster's village idiot and resident bankrupt Patrick Ross, now that I have filed a Rule 4.33 Application in the Grande Prairie, Alberta courthouse, the effect being that that will kick his asinine lawsuit against me to the curb for lack of significant advancement.

You can review the previous blog post to get the details but let's sum it up: If a Plaintiff in Alberta files a civil suit, then proceeds to not move it along in any meaningful or significant way for a three-year period, the Defendant can file a Rule 4.33 Application to have it dismissed, at which point (subject to very stringent exceptions) the court is required to dismiss the action. The court has no discretion, it must automatically dismiss the action under this Rule.

Once again, Google AI does a nice job of showing how simple and how unforgiving is Rule 4.33:

Note how the overview above confirms what I just said:

• The three year deadline is non-negotiable.
• It is the Plaintiff's responsibility to move the case along.
• The advancement must be meaningful and significant; minor filings or unproductive settlement talks don't count.
• Frantic scrambling at the deadline does not make up for three years of lack of activity.

As you can see, Rule 4.33 has little sympathy for a Plaintiff like Patrick who files frivolous, vexatious garbage, then just lets it sit year after year so he can brag about how he is suing someone. And there's nothing he can do about it now that my filing is in. So what are Patrick's options? Limited, to put it mildly.

First, I will win this application -- it is the closest thing to a legal no-brainer slam dunk as you are ever likely to see. It is the textbook definition of what Rule 4.33 was meant to deal with, and it will deal with it.

I will also get costs ... how much remains to be seen but it will be at least partial indemnity, and I will be arguing for full indemnity given Patrick's frivolous filing and abuse of process (the fact that he has bragged about this on Twitter while refusing to move it along for three years is not going to sit well with the court). But there's one more thing.

Given that Patrick filed his dumbass lawsuit at the Grande Prairie courthouse, and that's where I filed my Rule 4.33 application, I will be insisting that he appear in person (unlike last time, where he called in via Zoom, for which the judge made it clear he was unhappy about that and told Patrick he was expected to attend in person).

So, yes, I will be making a full-throated argument that Patrick needs to be there in person, at which time there might be a surprise or two waiting for him at the courthouse. More than that, I cannot say at the moment, but if anyone thinks I am exaggerating or embellishing any of this, they are free to do their own research to understand how Rule 4.33 works, and how it has precious little patience with vexatious litigants like Patrick.

More to come as it happens. 

BONUS TRACK: Anonymous commenter asks whether Lord Baron Twatrick von Loadenhosen can salvage his ridiculous lawsuit against me by arguing about its underlying merit. No, and let's let Google AI once again drive this home:

 

I hope that answers that question. Still more to come, just not right this minute.

RANDOM THOUGHT ... it just occurred to me that explaining all this Rule 4.33 stuff in excruciating detail is going to cause real problems for Patrick when this goes in front of a judge. As we all know, Patrick follows this blog and loves to publish snarky comments about what he reads here over on his Twitter account, and here's why that's going to get him in trouble.

If Patrick comments on, say, this post, I can use that as evidence that he's read it and, furthermore, that he now knows that the merit (actually, the embarrassing lack thereof) of his lawsuit is of no relevance to a Rule 4.33 Application. Which means that if he tries that argument in front of a judge, I'll immediately argue that Patrick is wasting the court's time since he is already aware that the underlying merit does not matter.

In short, I would ask my loyal and long-suffering followers to keep a close watch on Patrick's "outlawtory" Twitter account and to take screenshots of anything he publishes related to these most recent blog posts so that I can use that as evidence that he reads my blog and that he should therefore understand how Rule 4.33 works and that the court should have little patience with meaningless arguments.

Yeah, it's time to use Patrick's snotty arrogance against him. 

Chronicles of Twatrick: Hammer to fall.

For those who have been following this meandering saga for years, let it be known that the hammer is finally about to fall on massively-indebted undischarged bankrupt and financial fugitive Patrick "Super Quintuple Nexus Threat High School Chick Magnet Quadruple Chin" Ross, as I have just had confirmed my filing at the Grande Prairie courthouse of my Rule 4.33 Application. This is colloquially known as Alberta's "Drop Dead Rule," and it is going to put an end to Patrick Ross' idiotic defamation lawsuit against me once and for all.

The idea behind Alberta's Rule 4.33 is nad-grindingly simple -- if the Plaintiff (that would be Patrick) files a civil action, then at some point proceeds to do nothing with it for three straight years, then upon a Rule 4.33 application by the Defendant (me), the Court is required to dismiss the action. Required. This is not discretionary for the Court, it's mandatory. The Court has no choice but to kick the lawsuit to the curb. This applies exactly to this case as Patrick filed his meritless dumbfuck stupidity in August of 2022, and the last activity of any kind was in December 2022. That's more than three years, which means Patrick's lawsuit is toast.

Lest you think I exaggerate or embellish, here is Google AI's devastatingly accurate characterization of that Rule:

 

 

Let me expand on the above so you can truly appreciate how Patrick is absolutely fucked here. (That scrabbling sound you hear is Patrick frantically Googling "Rule 4.33".)

First, you can see in the opening paragraph above the hard three-year deadline related to the application, which does not actually require no activity for three years, simply "no significant advancement" of the file. What this means (and has been affirmed several times by Alberta courts) is that even if you did some stuff during those three years, unless it represented actually moving the case along toward a resolution, it doesn't count. In Patrick's case, there was literally no activity whatsoever. Not just nothing significant ... nothing at all. None. Zilch. Sweet fuck all. So Patrick has definitely blown that three-year deadline.

If you read further, there are a small number of exceptions under which the Court will not dismiss an action under Rule 4.33 -- I can assure you that absolutely none of them apply here so there is nothing that will save Patrick in any way. So let me say this again -- now that I've filed my Rule 4.33 Application, there is absolutely nothing Patrick can do to stop it. (If you don't believe me, do your own research, then come back and tell me if I've misrepresented anything.) But we're not done yet.

You see, a successful Rule 4.33 applicant (again, me) will be entitled to costs. And how much costs? I'm glad you asked, so I asked Google about this, and here is the AI output:

 

 

Note how costs would normally be partial indemnity, unless ... yeah ... unless the Plaintiff's behaviour was "reprehensible, scandalous or outrageous", and if the opposing party's conduct is seen as "an abuse of process." Do you think it will be difficult to demonstrate Patrick's bad faith in filing such a frivolous and meritless lawsuit? I don't. And I will be strenuously arguing for full costs based on Patrick's online behaviour in the last three years (all of which I have been screenshotting for just this occasion).

In fact, it gets even worse for Patrick but I will keep that to myself for now. In closing, you are all welcome to check into Alberta's Rule 4.33 to satisfy yourself that, now that my Application has been filed, there is absolutely nothing Patrick can do to defeat it, and the Court will be required to dismiss his idiocy, and award me costs.

The irony, of course, is that Patrick filing a worthless lawsuit, then just sitting on it for years so he could keep bragging about it while refusing to move it forward, is exactly why he is now so screwed.

P.S. If any of my loyal fans are so inclined, you are welcome to bring this new development to Patrick's attention any way you wish (Twitter account "outlawtory", email address "dragonfireideas@gmail.com"). I suspect Patrick will desperately want to blar-har-har all of this on social media, but that will only prove he's now aware of it, which will make service so much simpler.

He really is utterly screwed.

BONUS TRACK: Oh, my, poor Patrick just buried himself even deeper with this idiotic tweet, proving that he follows this blog, which is not going to end well for him in court.

 

MORE AFTERSNARK: Appreciate if you will the irony in Patrick describing his pet lawsuit as "extremely-meritorious." One wonders if, after he does his research, he will realize that Rule 4.33 applications are purely and solely time-based; the merit (or lack thereof) of the underlying action being dismissed for long delay is totally irrelevant. That is, while Patrick's lawsuit is definitely absolute garbage, it wouldn't make the slightest difference if it wasn't.

Chronicles of Twatrick: The spoliation.

Oh, dear ... undischarged bankrupt and massively indebted Patrick Ross has been a bad boy lately, in that he has been quietly deleting numerous tweets in which he was gleefully bragging about his spectacularly meritless lawsuit against me. I'm not sure why he thought this would protect him as I have announced publicly on a number of occasions that I was taking screenshots.

Witness, for example, this single screenshot from a while back searching for the words "day" and "lawsuit" among the rest of the childish spewage over at Patrick's Twitter account:

 

 And today, given exactly the same search parameters:

 

Oh, yes, Patrick has been busy frantically deleting the evidence of his bad faith. One wonders what part of "I have been taking screenshots" Patrick did not understand.

My lawyer is going to have a field day with this. More to come.

IT GETS FUNNIER: Apparently, the search feature on Twitter is magnificently broken so that it can't even satisfy trivial requests, prompting lifelong bankrupt Twatrick von Loadenhosen to complain thusly:

 

This is actually funnier since it shows that Patrick is eminently proud of his production of bragging about his lawsuit, even as he refused to move it forward. I'm glad he cleared that up for me -- it's legally really helpful.

Stay tuned. 

Chronicles of Twatrick: So what's Patrick up to these days?

For reasons I will not get into yet, I'm curious as to precisely where Patrick is hanging out these days. Is he crashing in the basement at Casa Ross now that sister Penny appears to have moved in? And, more importantly, it would be useful to know where he's working at the moment.

Any info along those lines (possibly accompanied by legally-taken pics) appreciated.

P.S. I had, for a while, wondered why that hovel had not gone on the market, since I naturally assumed the will stipulated that it would be sold and proceeds split among the squalling siblings. But from what I hear, one of the needier siblings has moved in, and that makes sense, but it also means that Patrick still has no actual residence (apart from perhaps living in the basement). So what is Patrick's official "residence" from a legal perspective? That is, what is his proper address for legal service? And if it's not Casa Ross, is Patrick technically homeless?

So many questions. 

Chronicles of Twatrick: Inspector Clouseau, not Sherlock Holmes.

I am reminded of this spewage from Patrick "Three chins and growing" Ross who, back in 2023, freaked out over someone allegedly taking pictures around Casa Ross, then bragging that he had "a lead" and was likely to make an apprehension sometime soon.

 

This, of course, never happened. And I'm guessing Patrick is still waiting for that apology.