In case anyone is skeptical about the brutal simplicity and directness of Alberta's "Drop Dead" Rule 4.33, I present the relevant part of my own Application to have Patrick Ross's long-dormant and dumbass defamation lawsuit against me dismissed for long delay. Removing all of the irrelevant frontmatter and backmatter from the Application, this is all that's left:
Take your time and appreciate that the entire "Grounds for making this application" section consists of precisely two lines:
- When Patrick filed his lawsuit, and
- That it's been over three years since he's done anything with it.
That's it -- for a Rule 4.33 Application, there is nothing more to be said. That is the only thing the Court cares about, and it is the only defense available to Patrick. The Court has absolutely no interest in any of Patrick's bitching, moaning and whining about how his lawsuit is "extremely-meritorious"; the Application focuses on the only thing the Court is prepared to consider, and that is the unacceptable delay.
I'm not sure how much simpler I can make this.
2 comments:
I know you talked about this before, but what the fuck can Patrick possibly present as a defense at the hearing? If this is based on nothing but the long delay, and he hasn't done anything in more than three years, what's he going to say? How can he contest this?
Anon @ 3:08 PM: I honestly have no idea what Patrick is going to try. As I have been saying for days now, this application deals with nothing more than unacceptably long delay. That's it. There are no other defenses. If people don't believe me, they're welcome to investigate the law themselves, they'll find the same thing.
Patrick has bragged that he is going to win this, I have his correspondence. I don't know how he plans on doing that, so we just have to wait and see.
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