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.
9 comments:
If everything you've blogged over the last week is accurate (I've looked into the legislation and it seems to be but IANAL), it doesn't seem like Patrick has any options. So what's he going to do? Will he show up and embarrass himself? Will he hire a lawyer to try to win this? Will he dismiss his lawsuit realizing he can't win? Will he refuse service and not even show up? What else can he do?
Anon @ 9:38 AM: I have not a clue what Patrick is thinking since, as I have pointed out and you seem to agree with, there is no way this ends well for him. It's guaranteed that his lawsuit is going away, and that I will be awarded costs; now it's only a matter of whether he tries to be weaselly and evasive and avoid service, whose only result will be for me to get more costs.
It's also possible that he'll simply ignore all of this and not even show up for the hearing. And while that means it would give my lawyer the freedom to make my argument with no rebuttal from Patrick, that might actually be the smartest thing he could do, since he's going to lose, anyway, and it's a given that whenever Patrick attends a hearing, he really pisses off the judge, so he might in fact be better off not showing up.
The financially smartest thing for Patrick would be to drop his own lawsuit right now before this goes any further. That lawsuit is going down, now all Patrick should worry about is trying to minimize the costs he'll have to pay.
I guess we just wait and see how stupid and childish he's going to be.
Do you seriously think Patrick might drop his own lawsuit? That seems unlikely.
Anon @ 11:58 AM: No, I don't think Patrick will drop his own lawsuit, mostly because he's too arrogant and it would feel like defeat, and he absolutely can't tolerate that.
All I'm saying is that, since it's a guarantee that his lawsuit is going to get tossed, the only thing he should be thinking about is minimizing the costs he will have to pay. I suspect thinking that deeply is beyond him.
What he should *also* be worried about is process servers starting to show up at Casa Ross looking for him and antagonizing his sister who is apparently living there. Let's see how long she's willing to put up with that to protect Patrick.
I like the possibility that you could be awarded full solicitor-client costs for this whole thing from the beginning since that means you don't need to skimp on lawyers or process servers, and Patrick would have to reimburse you for every dollar. I'm going to guess you have more than enough to show that this lawsuit was frivolous, vexatious, meritless and an abuse of process to justify full costs.
To drop his lawsuit would require the effort of showing up at a court house and filling out a form. Too much energy and a slight risk of being spotted.
The path of least resistance (which leaves more time for more grease-burger establishments) is to simply not show up on the day and incur still more costs (which he has no intention of paying).
As you've acknowledged, it's possible that Rosshole-i-o might expire via death due to cholesterol before he ever pays you a dime. But the lifestyle he has to lead while doing so is punishment itself, so fine.
His biggest fear might be the consequences of ignoring court orders.
Even though Rule 4.3 alone is clearly sufficient to quash this ridiculous lawsuit, is it also relevant that Twatsy's undischarged bankruptcy (now going on 14 years!) renders him ineligible to file lawsuits at all, without permission of the court? Also, given the egregious stupidity and bad faith of this lawsuit, could Twatsy be officially declared a vexatious litigant?
thwap: I'm fairly sure Patrick could drop his lawsuit by e-mail, but then I'd be pretty much guaranteed full costs going back to August of 2022 when he filed this rubbish. And this time, the court might be out of patience with him once I show that he has never paid a costs award since I won my judgment against him in 2010.
Whatever happened to the brain trust that encouraged him to ignore the original defamation suit? Was it Connie or something? Seem like they should have to feel some pain even if it’s only psychological for encouraging this dumb ass to fight on their behalf
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