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?
6 comments:
have you been consulting with a lawyer about these various questions? might be worthwhile, instead of solely relying on Google Gemini.
Anon @ 11:18 AM: I have in fact retained an Alberta law firm to represent me for this Rule 4.33 Application. The Google stuff is just for general consumption.
What about the fact that Twatsy is STILL an undischarged bankrupt and as such doesn't even have the right to sue ANYONE??? Surely that must somehow factor into all this even if he tries to pull any other stunts to delay the inevitable, no?
Anon @ 2:20 PM: I don't even need to bring that up here, I have everything I need to win this Application. Having said, Patrick's undischarged, trustee-less bankruptcy status *will* be used against him, but it's not needed here.
CC - time to file an application to have Twatsy named as a vexatious litigant.
Anon @ 4:09 PM: No, because having someone declared a vexatious litigant is actually difficult; that has a pretty high bar. I have a way better idea which I will reveal at the appropriate time, and it will finish Patrick just as effectively.
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