Legal Disclaimer / Terms

Legal Disclaimer / Terms:
Any material /postings /forums are not ‘legal advice’ but the experience
of a fellow  respondents subjected  to the Bad Faith / Abuse of  Judicial
Privilege  by various  CASs across Canada with  a special  emphasis on
Ontario  and  the CFSA.    Each  recipient  is  required  to  assess  their
situation  to the best of their  ability, outcomes  depend on the relative
strength/weaknesses /errors of  each party’s case, exhibits,  affidavits,
submissions, case law.       No claim for errors or omissions of any kind.  
CFSA s 45(8) applies.    Canadacourtwatch.org  is not  the  moderator
of  the Forum  and is not  responsible  for postings by Guests or Users.
Canadacourtwatch.org  is  not  responsible  for  Internet  Links or  Link
content.   Canlii.org files  downloadable  from  links in this site have file
name  suffixes  added for  subject  and  paragraph  numbers.  Content
unchanged.   All Case Law courtesy of Canlii.org.  See Publications Page for Terms of Use for all other downloadable documents.  All Contact information, email address and content is kept confidential, reply content is governed by all terms on this page.  Credits provided for owners of various intellectual properties. Website photos are supplied by Fotolia Images.  Canadacourtwatch.org provides volunteer case law searches and accepts no compensation. Subject to all other terms above. Readers, respondents, parents and unrepresented litigants are advised to always seek independent legal advice as it applies to your matter.

Claims:

Applies to the following possible parties: CAS, CAS management, CAS workers, CAS lawyers, any other lawyers, Doctors, Associations, lobby groups, Regulatory Bodies, Medical Colleges, provincial Ministries, agents of the Crown or any other body or parties as 'service providers' paid with public funds, or owners of any intellectual properties, works, publications.

Any of the above parties with a claim objecting to material/postings/forums/Case Law/ editorial content have an obligation to review their own files and the Case Law quoted before a claim is made.  For the following reasons any claim may be null and void and nullify any Absolute / Qualified Privilege from the get-go as listed below:

A) - You are not an ordinary litigant, you are a de facto ‘publicly funded service provider’ under the CFSA when you do s 54
       assessments or any other work related to the CFSA or other provincial Act.
B) - You cannot have a private interest in a CFSA matter direct or indirect that exceeds the service provider role, violates
       a Statutory Care requirement or Case Law.
C) - Your previous acts, overt or by wilful blindness that has violated Statutory Care provisions in CFSA s 15 (3)(d) and
       CFSA s 37(3) and various FLR rules including Rule 25(19).
D) - In your role, you are a public person/entity and can be named in the Public Interest and the Interests of Justice.
E) - Your previous acts that amount to ‘Ex Turpi Causa’ are not eligible for a claim.
F) - Attempts to limit postings or the public right to view them and access case law violates Charter of  Rights and Freedoms,
       freedom of expression, the Public Interest, the Interests of Justice and the Statutory Interests of children.
G) - Any attempts to harm individuals or identify them amounts to an Intentional Tort and violates the law per CFSA s 45(8) 
        and CFSA s 85(3): maximum $10,000 fine, maximum 3 years imprisonment or both.
H) -Public posting of these terms eliminates  Plausible Deniability.
 I) -Applicant Counsel are obligated to fully corroborate client claims or risk loss of privilege per terms herein and 
      incur liability per case law below.
J) -Any applicant having already violated Statutory Care requirements, the CFSA, or Case Law, etc, above would
     require counsel to violate Rules of Professional Conduct** 4.01(1) and 4.01(2)(e) to litigate a meritless claim
     including SLAPP lawsuits.
K)-Canadacourtwatch.org relies on Charter Rights of free speech, communication, association and holds itself to the
     standard of honestly held beliefs founded in events, exhibits, transcripts, recordings, affidavits of all parties,
     disclosure documents, letters, expert evidence, medical records, contemporaneous records and Case Law, etc,
     all of which are kept on file.
L)- No defamation, slander or libel claims of merit against Canadacourtwatch.org or poster 'no_ethics_at_CAS'  
     when engaging in responsible communication of matters of public interest, as per the Supreme Court of Canada:
           Grant v Torstar Corp,    2009 SCC 61 *               download .pdf            
      
           Quan v Cusson,  2009 SCC 62 *                         download .pdf      
      
           Crookes v  Newton,  2011 SCC 47 *                    download .pdf          

M)- CAS workers, lawyers, supervisors, managers, doctors or other parties connected with CFSA matters on the
      Applicant side are 'Sophisticated Litigants' and have unavoidable knowledge of their actions violating the Act
      and Case Law related to the good faith conduct of a CFSA matter and the Statutory Interests of children in
      CFSA s 15(3)(d),  s 37(3) and elsewhere.

N)- Posting or circulating negative Case Law about any person / CAS is not grounds for Libel or any other claim.

O)- Postings on Twitter.com under @no_ethics_atCAS screen name, etc, is covered by the Legal Terms on this Page.

P)- Copyrights: All documents copyrighted by their original authors this includes all Guides, etc on the Publications
      Page.  Canadacourtwatch.org also extends a Copyright to all Case Law sorted, named and paragraph citations
      and prohibits re-posting without credit for the labour, expertise to collect, assess and annotate these works.
      Parents /Respondents in a CAS case, etc, are free to download and appropriate use of any posted Case Law or
      any other posted documents on this website in their legal matter. The User indemnifies Canadacourtwatch.org for
      any use of posted materials.  

Q)- Website owners, operators, employees, writers and contributors are entitled to qualified privilege for website
      content.


NO PRIVILEGE IN BAD FAITH LITIGATION:
Any actions, direct or indirect, by proxy, including unjust litigation, false claims that affectively places a private interest of a CAS, CAS management, CAS workers, CAS lawyers, any other lawyers, Doctors, Associations, lobby groups, Regulatory Bodies, Medical Colleges or any other body above the Statutory Interest of a child, the Public Interest, the Interests of Justice or the jurisdiction of the court or the interest of a harmed private person has no protection of absolute/qualified privilege for the reasons in clauses A) to P).

See Supreme Court of Canada case law:
Hill v. Church of Scientology of Toronto,                        download .pdf  
[1995] 2 S.C.R. 1130  * 

COSTS:
A refusal to observe these conditions will attract all categories of costs available and damages under Tort law where appropriate.


FREE:  5 MILLION DOLLARS OF NEGATIVE PUBLICITY:
Litigation threats to silence this site and the case law published here will get you the negative publicity above and the end of the Billion Dollar gravy train of public money and child abuse inflicted by CASs, lawyers and doctors.   The legal terms and conditions on this page, openly stated, in advance, provide that any claim made would be without protection of absolute/qualified privilege where a court is misled, order obtained by Fraud or Rules of Professional Conduct violated.
>>   email:   legal@canadacourtwatch.org