Chronicles of Twatrick: Get your Webex client ready.

As I have mentioned before, my Rule 4.33 "Drop Dead" Application hearing against massively-indebted, undischarged bankrupt and financial fugitive Patrick "Super Nexus Badass Chick Magnet Quadruple Chin Quintuple Threat" Ross is on the schedule at the Grande Prairie courthouse:

 

 

for the purpose of having the Court dismiss the long-inactive and meritless defamation lawsuit that Patrick filed against me in 2022, then failed utterly to advance in even the smallest way for more than three years, meaning that the Court will -- pursuant to Rule 4.33 -- be required to dismiss it for long delay:

 

 

And the part you're interested in: regular citizens are free to dial in to the Webex link I will supply closer to the date to watch the proceedings.

 

 

So you might want to install and configure a Webex client before then. 

P.S. I was pondering as to whether to mention this, but a couple days ago, I received an email via an anonymous remailer -- no idea of the identity of the sender -- who advised me that he/she had heard that Patrick's plan for this upcoming application hearing is to wait until the day before the hearing, then drop the lawsuit so he doesn't have to show up. Absolutely no evidence was provided to support this claim but, upon analysis, it does sound like the sleazy sort of thing Patrick would do. Let me explain.

Even Patrick has probably figured out that I'm going to win this application -- the rule is so spectacularly simple and straightforward that there's really little Patrick can present in the way of objection. I have the case Procedure Record which shows that there has been absolutely no activity on Patrick's part of any kind to advance this case for well over three years. That's it; that's all I need to place before the Court and it's over, so Patrick's thinking might be, he's going to lose, anyway, why not just wait until the last minute, then drop the case and not have to go through the humiliation? The legal end result would be the same, so why not just skip the crushing embarrassment? But here's Patrick's problem if he does this.

Courts typically have little patience with people who play games like this; that is, to drag out an action until the last minute, then walk away after running up someone else's legal bill. I think this falls under something like "misconduct" or "abuse of process" or something similar. In any event, judges really, really don't like this sort of game-playing, and if this is what Patrick has in mind, I've been advised that it will end very badly for him for at least a couple of reasons.

First, I would almost certainly be granted major costs (if not all of them) if Patrick does this. But playing that kind of game would have consequences beyond just this case, as I would be able to use this in any future legal spats with Patrick to demonstrate his bad faith. And it wouldn't apply just to me. It seems that, if he does this, this demonstration of bad faith or abuse of process could be used by anyone tangling with Patrick in order to show Patrick's sleazy tactics and lack of good faith. In short, if Patrick does this, he will be making it extremely difficult to ever again launch a legal action against someone.

Again, I was provided with no evidence for this anonymous claim but, upon reflection, I actually hope Patrick does this, as it would pretty much finish him in terms of any new legal actions against me or anyone else. I guess we just need to wait and see. 

 

Chronicles of Twatrick: Homework for my loyal followers.

Related to the recent Rule 4.33-related silliness involving Lloydminster's favourite evasive debtor Patrick Ross, before the actual hearing on August 20 (which, again, should be viewable via a Webex link that I plan on publishing beforehand), I could use all of the information I can collect on Patrick's current location, and employment, and assets and so on.

To that end, I am open to anyone who can supply moderately reliable data related to Patrick including (but not limited to):

• current employment status
• current living arrangements, both in Lloydminster and on the road wherever he happens to be working
• current vehicle, and whether it's actually owned by Patrick and in his name
• where he seems to hang out (restaurants, fitness centres, restaurants, ...)
• most importantly, any other assets in his name that people know of

There is no need to email any of the above to me privately; you are encouraged to leave anything you know in the comments section quite publicly where others can see it and perhaps help others to track down even more information on Patrick.

The more information I can collect on Patrick, the more unpleasant will be his hearing on August 20. 

IMPORTANT: Despite how Patrick loves to whine, there is absolutely nothing illegal about driving by Casa Ross in Lloydminster, and taking photos, and noting the vehicles in the driveway, and describing any apparent activity therein in terms of people coming and going and so on. 

If Patrick wants to bitch about the inconvenience of being in massive debt, there's a simple solution for that. Given time, I'm sure it will come to him. 

Chronicles of Twatrick: Happy (belated) interestversary!

In all the excitement of filing my Rule 4.33 Application to kick undischarged bankrupt Patrick Ross's sorry, pasty, cheeseburger-filled ass, I'd completely forgotten that it was 59 months ago that a Saskatchewan judge lowered the boom on Patrick and ruled on how much he owed me at that time:

 

 

And what with that delicious 5% post-judgment interest rate, Patrick should now owe me close to $130,000 (an amount soon to go up noticeably once I win my Application and get a costs award).

And to think it all started so many years ago with Patrick opening his big mouth and daring me to bring it on:

 

 

"Bring it the fuck on," challenged Patrick Ross. And, lo, the fuck was indeed brought.

P.S. Apparently, Patrick is still screeching hysterically at me from his Twitter "outlawtory" account. I am, of course, screenshotting all of it for when it becomes time to put all of it in front of a judge when Patrick insists he just couldn't muster the energy to advance his lawsuit against me for over three years, and I counter with how he certainly found the time to tweet about me on a daily basis.

If Patrick had a lawyer, I suspect that lawyer would be advising Patrick to shut the fuck up. 

Chronicles of Twatrick: How to defend against a Rule 4.33 Application

Since an earlier commenter suggested a couple possible defenses against a Rule 4.33 Application, I once again asked Google AI to list the variety of potential defenses and I verified them against all the reading I've been doing, and I've highlighted the most important part of all of them:

 

 

Now, I want you to examine the full set of possible defenses and identify the common feature of all the highlighted bits. So what's the common feature? Simple:

Every single defense requires something to have already happened.

That is, every one of those possible defenses requires something to have happened before the filing of the Application; there is no possible defense that involves the Plaintiff/Respondent doing something after the fact.

In short, once a Rule 4.33 Application is filed, the only conceivable defenses available to the Plaintiff/Respondent are events or agreements or filings that must have already happened. There is nothing the Respondent can do after the Application is filed that would save them.

Make sense? 

Chronicles of Twatrick: OK, fine, let's talk about limitations.

Since some people might be confused by the legal advice published by undischarged bankrupt and perpetual legal loser and evasive debtor Patrick Ross over on his Twitter "outlawtory" account, I might as well clear things up and explain why Patrick's legal efforts against me are going to end badly for him.

Let's first get Google AI to explain the two types of limitations under Alberta law:

 

 

The first thing to note is that none of the above affects a Rule 4.33 Application in any way. Not at all. Nothing Patrick presents in the way of his weird and inaccurate interpretation of limitations is going to save his current lawsuit from being disemboweled on August 20, so just dismiss that possibility entirely. But if that's the case, what is Patrick blathering about?

It appears that what Patrick is talking about is, once I win my 4.33 Application, he plans on immediately filing a new lawsuit once again accusing me of defamation and/or harassment; in short, starting all over again with a shiny new Statement of Claim accusing me of all the same things he did before. And here's why that's not really going to work for him.

Note first that, of the two limitation periods (two years and 10 years), it is the limitation period that comes first that will be used, so Patrick will be subject to a two-year limitation period for his accusations in this new lawsuit, which is going to really crimp his style since that means that he cannot include any accusations that go back more than two years, which means everything in his original 2022 lawsuit is now ineligible for inclusion in this new lawsuit. So what is his argument? I'm glad you asked.

Here's what Patrick thinks is going to save him -- the notion of "continuous offenses":

 

 

You see, what Patrick is counting on is that while all those original accusations against me in his 2022 lawsuit are now completely out of time, he's counting on the idea that, within the last two years, I have either repeated some of that alleged defamation or perhaps published some new alleged defamation. So if Patrick loses that August 20 hearing (and, yes, he will lose), and files a new lawsuit the next day, all he will have to work with is whatever I've published on my blog going back to August 21, 2024 (precisely two years). That's it -- that's all Patrick will have to work with, and he seems confident that in those last two years, he'll find enough alleged defamation (or harassment, it's never clear what Patrick is suing for) to justify another idiotic lawsuit. (Again, nothing I published more than two years ago can be used in Patrick's new lawsuit.)

So how worried should I be? Frankly, not a lot, since the last two years has been my mostly reporting on Patrick's stupid lawsuit (perfectly legal), and checking in on the comings and goings at Casa Ross (again, legal), and asking people to keep tabs on Patrick (yet again, legal), and so on. I'm absolutely not going to waste my time poring over my last two years of output as that will be Patrick's job; it will be his responsibility to examine all of the last two years of my blog output to find either new alleged defamation, or repeats of older alleged defamation. He will absolutely not be able to go back further than that due to the deadline as defined by Alberta's two-year discoverability period. 

In summary, this appears to be what Patrick is spewing about, so if he wants to crawl over my last two years of bloggy output looking for anything untoward (that is not disqualified by Alberta limitations), he's welcome to it.

P.S. Notice how I (unlike Patrick) actually read the legislation and take the time to understand it? 

Chronicles of Twatrick: The stupid is tiring.

I'm not sure how much longer I'll waste my time responding to Patrick Ross's increasingly unhinged and hysterical screeds over on his Twitter "outlawtory" account, where he is now assuring his 14 regular readers that he is absolutely going to defeat my Rule 4.33 Application. It's unclear how he thinks this is going to happen given my numerous detailed explanations as to how Rule 4.33 works, but I'll summarize it one more time with an added detail that just occurred to me.

Here's Google AI's take:

 

so let's examine my participation in the matter.

As I read it, all I am required to do is establish before the Court that there has been no significant advancement in this case for more than three years. That part is easy -- I downloaded the "Procedure Report" of the case, which lists all events and filings associated with the case and which shows an utter and complete lack of anything happening for over three years. Not just no significant advancement, no advancement whatsoever. And at that point, my job is done -- I am under no obligation to do anything more, because now that I've established the three years of inactivity, the entire burden of contesting this Application falls on Patrick. Fully and completely. So what does that mean?

Well, if Patrick wants to claim that there has been significant advancement, then it falls entirely on him to explain the nature of that advancement, and further explain why it does not appear in the Procedure Record. I need to do nothing in that regard; if Patrick is claiming advancement of any kind, he needs to produce that for the Court.

In the alternative, Patrick can argue that one of the exceptions applies here. But, again, if that's his claim, he needs to produce the paperwork/filings; again, there is nothing for me to do, the burden of proof again falls entirely on Patrick.

In short, there's nothing further for me to do; I filed my Rule 4.33 Application and I provided the Procedure Report showing an absolute lack of progress in this case for over three years; my job is done, and I have no obligation to do anything else. Everything from this point on falls on Patrick to excuse his lack of progress, and he has no right to ask me for anything to help him.

I don't think there's much more I can add to the last couple of weeks, so I guess we just wait for the hearing on August 20 which -- as I have said before -- will be available via Webex and whose link I will provide closer to the date for any interested voyeurs. Then we'll see which of the two of us is correct. 

Chronicles of Twatrick: The meltdown continues.

The long, slow intellectual disintegration of undischarged bankrupt and emotional 12-year-old Patrick Ross continues with this recent bizarre, head-scratching illogic:

 

 

Let's unpack this silliness a few words at a time, shall we?

"... the cause against him is still live, ...": Well, of course it is, no one denies that. That is the whole rationale behind my recently-filed Rule 4.33 Application -- to have this "still live" lawsuit fed through a woodchipper for years-long lack of significant advancement on the part of the Plaintiff. Yes, it's "still live" -- even an intellectually-damaged child or Melissa Lantsman can see that. Which brings us to the second part of the absurdity ...

"... and ergo is unlikely to be dismissed." Why? Because it's live? Apparently, Patrick has missed the entire point of Alberta's "Drop Dead" Rule 4.33, which is to take a live action and make it dead. That's sort of the entire purpose of the Rule; to take a long-dormant action and kick it to the curb because the Plaintiff has failed to advance it in even the most minimal way for over three years.

I'm not sure what part of this confuses Patrick. Surely he's pored over the legislation but, apparently, the best conclusion he could come up with is, "The action is not yet dismissed; therefore, it will not be dismissed."

Really? That's Patrick's take away from all his research and 15 years of representing himself? This hearing should be entertaining. 

BONUS TRACK: I will remind everyone of what happened the last time Patrick represented himself in court, whereupon the judge not only ruled against him but spanked him so savagely for submitting such absolute rubbish that I was awarded enhanced costs:

 

 

Note: "baseless and scandalous" is diplomatic legalese for "thigh-suckingly dumbass fucking stupid." In case you weren't sure.

ON CLOSER INSPECTION, it seems that Patrick's ill-informed tweet of last night is even sillier than I thought. Here's the fuller context:

 

 

As I read it, Patrick's position seems to be that, despite the absolutely ironclad 3-year deadline for Rule 4.33 applications, Patrick is suggesting that that deadline does not apply here due to ... I guess that I (allegedly) continued to defame him after his filing, and that that (alleged) continuous defamation somehow perpetually "reset" the Rule 4.33 clock. What an interesting position, and here's the difference between Patrick and me.

I decided to check on this so I asked Google to look into the circumstances that would result in pausing or resetting the Rule 4.33 three-year clock, and here's what Google AI handed me:

 

 

I peruse all of that and I see nothing that suggests that a Rule 4.33 Application will be defeated by the Defendant reporting on the progress of the action. In fact, under the section "Pausing or Resetting the Clock," I read that, "the burden to advance the action lies with the plaintiff," having nothing whatever to do with the Defendant.

And this is the difference between Patrick and myself; that is, while I actually look up the legislation to see what it says, Patrick simply makes shit up that he wants to believe. And this will probably come back to bite him if he tries that argument in front of a judge, and the judge asks Patrick to point to the paragraph and sub-paragraph that is the basis of his weird argument of, "You must dismiss this Application because the Defendant was mean to me on his blog."

I look forward to that argument on August 20, and you should, too. 
 

Chronicles of Twatrick: Oh, dear ...

Patrick Ross has just assured me that he will defeat my Rule 4.33 Application on August 20 (without explaining how). He has also suggested that my simply reporting on this upcoming hearing constitutes malicious defamation.

I guess we'll see in about a month. 

Chronicles of Twatrick: Patrick's next step

Based on my research into Alberta's Rules of Civil Procedure, now that I have served undischarged bankrupt and morbidly obese, emotionally 11- year-old Patrick Ross with my Rule 4.33 Application, if he wishes to contest this Application (and it's not at all clear how he can), he would need to -- in a timely manner -- file a Response Affidavit, explaining (I assume) how his situation somehow does not exactly represent when a long-stalled lawsuit must be fed through a woodchipper by the Court.

I await his inevitably bizarre and irrelevant Affidavit. I assume it will be epic.

Chronicles of Twatrick: Yes, you'll be able to watch the hearing on August 20.

I checked with Google AI to verify that members of the public are allowed to spectate the upcoming August 20 Rule 4.33 hearing via Webex and, sure enough:

 

 

I will provide the Webex dial-in link much closer to the actual date.

BONUS TRACK:  Man, some of you people get up early. Last commenter wonders whether Patrick can dial in to his upcoming hearing on August 20 and, if he does, whether he will be visible to other people who dial in. According to Google AI, if Patrick has the right to dial in and he does so, he must have his camera on:

 

 

That is, all active parties in the proceeding must have their cameras on and must be visible to everyone dialed in to the hearing. As I am represented by counsel, that condition does not apply to me.

Chronicles of Twatrick: I have no idea ...

Apparently, Patrick Ross has decided to relive his "victory" rather than concentrate on the daunting Rule 4.33-related task ahead of him:

 

 

I will have more to say about this later, but rest assured this tweet (and others like it) will be placed before the Court to demonstrate Patrick's contempt for the legal system, and to discredit him when he starts up with his perpetual, "Oh, woe is me, I'm depressed and don't have the energy and my parents passed away and ... blah blah blah."

Stay tuned. 

P.S. If Patrick had not already accepted service of my Rule 4.33 filing, the above tweet would constitute admission that he received the documents. Patrick is not the sharpest sandwich in the picnic basket. 

P.P.S. I predict that Patrick, having researched Alberta's Rule 4.33 and wildly misinterpreted it, will think he's found a loophole. I will go even further and predict what I think that loophole is.

As we all know, the Rule makes it clear that the Plaintiff must have, in the preceding three years, effected some "significant advance" in the civil action in question. I'm willing to bet that Patrick will argue that his tweeting about me with respect to that lawsuit falls under the category of "significant advancement."

I am not joking -- I predict that Patrick will point at some of his most vacuous and meaningless social media publications and insist that those constitute a significant advance in the case.

Let's watch. 

Chronicles of Twatrick: And so it begins ...

Now that Patrick has acknowledged that he has been properly served related to my Rule 4.33 Application, he apparently does not feel the need to behave in an adult or professional manner:

 

 

I imagine we should expect an increasingly embarrassing emotional and intellectual meltdown as Patrick slowly comprehends the level of trouble he's in. All of this childish lashing out will, of course, be placed before the Court when the issue of costs comes up.

P.S. If Patrick continues mouthing off, please bring it to my attention and take screenshots. The Court will have a field day with this stuff. 

Chronicles of Twatrick: What possible defence against Rule 4.33?

Earlier commenter asks a relevant question: If Patrick Ross wants to fight my recently-filed Rule 4.33 Application, what possible rebuttal can he make? Remember that Alberta's "Drop Dead" Rule 4.33 is stunningly simple and straightforward -- if you file a civil lawsuit, then fail to significantly advance it for three straight years, then upon Application by the Defendant, the Court is (with some very specific exceptions, none of which apply here) required to throw out the lawsuit (with scant possibility of refiling it).

So if Patrick decides he's going to fight this, what exactly can he present before the Court? I have no idea, since the Court will be interested in asking only one question: "Mr. Ross, have you advanced this case in any significant way in the last three years?" Is he going to lie about it, given that I have the case's Procedure Record showing a complete lack of activity for over three years?

More amusingly, the standard boilerplate at the bottom of any Application contains the following:

If you intend to give evidence in response to the application, you must reply by filing an affidavit or other evidence with the Court and serving a copy of that affidavit or other evidence on the applicant(s) a reasonable time before the application is to be heard or considered.

So if Patrick plans to fight this, he's going to have to file an Affidavit to that effect, laying out his argument. And if he does so, I will (if it's allowed) post it here so everyone can ponder the basis for Patrick's defence.

The hearing is just over a month away, so if Patrick plans on digging in and fighting this, he might want to start writing that Affidavit now. 

BONUS TRACK: It is telling that, even back in late 2023, Patrick was admitting that he was failing to move this idiotic lawsuit along:

 

 

I can assure you that that tweet will be placed before the Court to show Patrick's utter lack of interest in advancing his own lawsuit.

It is also telling that, for someone who loves to publicly mock others, Patrick has published not one word about any of this on his "outlawtory" Twitter account. I'm going to speculate wildly that he is deliberately avoiding any reference to it in order to subsequently claim he was completely unaware of all of this (despite having recently been legally and properly served).