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JUSTICE NO MORE PART 2
Lee Hanlon | December 28, 2018
In May of 2009, while having coffee at the Gladwin/South Fraser Way Tim Horton’s location when my 1st ex-wife, REDACTED and her 4th Husband to be, REDACTED, and three other adult males in their mid-twenties, including her son, started harassing and threatening me. When the Abbotsford Police responded to my complaint, all they did was give REDACTED and her cronies a verbal warning. I tried to get a section 810 Order, however so-called Provincial Court Judge Don Gardner, a former Provincial Crown Prosecutor who presided over my matter.
Judge Gardner made very light of my concerns for my safety, and like the Abbotsford Police he suggested that I do not attend places like Mill Lake Park, West Oaks Mall, including Tim Horton's and Seven Oaks Mall. Gardner also commented that I was wasting courts time with my 810 application.
Judge Gardner has a long history of being gender biased. This judge, like the law enforcement agencies believes that there is no such thing as male victims in domestic or relationship abuse. In fact, Gardner is known for not taking action against female offenders when the victims are male.
Now lets fast forward to April 2010. I had just completed my semester finals for my third year at UFV. When I got home, I had received a letter from the Abbotsford Welfare office with a Notice of Assignment of Maintenance Rights, notifying me that my 1st ex-wife, REDACTED had assigned her maintenance rights to the Minister of Housing and Social Development. The Family Maintenance Worker, Sondra Lee Hadrath, notified me that they were proceeding with an Application for a Maintenance Agreement.
That was a shock to me as I knew that due to the 1995 Order By Consent, that was filed in February 1996 at Chilliwack Supreme, was still in existence. I suspected that REDACTED lied to Hadrath, so I called the worker to clear this up. However, Hadrath, refused to even let me get a word in, and even when I brought up the existence of the 95 Order, Hadrath refused to discontinue her action. Hadrath was extremely rude and had no working knowledge of the law.
I actually lost my temper and swore at her then slammed the phone down! My next call was to her supervisor, Marilyn Siqouin, who was also rude and arrogant on the phone, and even alleged that she has over 20 years of experience as a paralegal. Not likely. I say “not likely” because at common law you cannot file for a fresh Order, when one is already in existence. When I realized that I was getting nowhere with these rude and arrogant social workers, I took a step back and drafted a letter outlining the issues and included a copy of the 95 Order. Of course, that fell on deaf ears, because their government retained lawyer, Finn Jensen, QC, still proceeded with their fresh application.
I had to go out of my way to file my response and counter-claim at the Chilliwack Law Courts (Provincial section), rather than the Abbotsford Provincial Court. As the address for service listed on the documents was the Abbotsford Welfare Office, I personally served my Response and Counter-Claim at the Welfare Office. They were not very happy, and tried to refuse, however, in a loud voice for all to hear, I screamed “You are served!” then quickly walked out the door and drove away as fast as I could, so they couldn’t try and chase after me and try and throw the documents back at me.
Now, getting back to the common law arguments that I relied on. First, there is the common law of Res Judicata – prevents a party from taking legal action against another party where a judge had already ruled on a matter between these two parties. Second, Jurisdiction of the Courts; The lawyer for the government filed the fresh application at Chilliwack Provincial, rather than Chilliwack Supreme. Third, the common law of Doctrine of Estoppel – prevents my 1st ex-wife from going back on her promise (remember, the 1995 Order was by consent), but then REDACTED is a pathological liar.
And fourth, the common law of Acquiescence also applied, because since the 1995 Order that was filed in Feb of 1996, REDACTED took no further action until she tried to get the Family Maintenance Workers to take action in 2010. That’s a 14-year difference.
For whatever reason, the lawyer, Finn Jensen, QC, had no clue as to what he was doing. His argument was that there was no Maintenance Order in place. Well, of course, there wasn’t, because the 1995 Order was a variation of the original Maintenance Order.
What they were supposed to do was file a Motion to Vary the 95 Order, but they didn’t. What they tried to do was an end-run-around. What they didn’t realize was that I knew what my legal rights were (I had been a paralegal for 8 years), and the bottom line was that I persuaded the lawyer to discontinue their legal action before it got to see the inside of a court room.
If I wasn’t in school at that time (summer semester 2010), I would have actually let it go to court, just so I could see their sorry ass faces when the judge threw their sorry asses out the courthouse. But I didn’t have time to let it go to court, as I would in no way allow them to disrupt my academic schedule.
Now, the reason REDACTED tried to take this legal action, was in retaliation for me getting the police after her in May 2009.
At the time of this writing I have not heard one peep directly from REDACTED, but she has used her son to harass me via Facebook. Unfortunately, he believes the lies of his sorry ass mother. Her daughter also believes the lies as well. All parties are blocked from contacting me any further.