TURMEL: Crown wants Covid Strike Motion Timetable to July!! 

It's the second time the Crown forgets how Rules for S.369 
motions in writing work. Notice in Michel Ethier's Appeal 
Motion, he filed, Crown responded in 10 days, Ethier replied 
in 4 days. Pursuant to the Rule 369. 

Case Management Judge Prothonotary Mandy Aylen asked for a 
timetable for the next steps in their Strike Motion. He 
could have answered to go by the rules but instead proposed 
an 87-day timeline. I objected to not following the rules. 
So now he proposes to not follow the rules with a 77-day 
timeline. 

Department of Justice Canada
Ontario Regional Office National
Litigation Sector

Via E-mail to johnturmel@yahoo.com
Our File Number: LEX-500040961

April 30, 2021

Dear Mr. Turmel:

     Re: TURMEL, John v HMQ (Court File No.: T-130-21)

CR: Further to the Court's April 26, 2021, Direction in the 
above-noted matter, I am writing to propose the following 
deadlines for Canada's motion to strike and for security for 
costs under Rule 369:

Department of Justice Canada
Benjamin.Wong2 @ justice.gc.ca
Via E-mail to johnturmel@yahoo.com
Our File Number: LEX-500040961

May 3, 2021

Dear Mr. Turmel:

     Re: TURMEL, John v HMQ (Court File No.: T-130-21)

I am writing in response to your letter dated May 2, 2021. 
To expedite the determination of this matter, Canada is 
willing to consent to 15 days for the service and filing of 
Canada's Notice of Motion and Affidavits. Canada is also 
willing to start the timeline for service and filing of its 
Motion Record from the date that you advise that you will 
not be filing an affidavit or participate in cross-
examinations. Canada's revised proposed schedule would be as 
follows:

- Service and filing of Canada's Notice of Motion and 
Affidavits: 15 days from the date that the Court implements 
this schedule
- Service and filing of the Plaintiff's Affidavits: 15 days 
from the date that Canada serves its Notice of Motion and 
Affidavits
- Cross-examinations on affidavits: 10 days from the date 
that the Plaintiff serves his Affidavits
- Service and filing of Canada's Motion Record: 15 days from 
the expiration of the time for cross-examinations, or, if 
the Plaintiff does not intend to serve an Affidavit or 
conduct cross-examinations, within 15 days of Canada being 
advised of this
- Service and filing of the Plaintiff's Responding Record: 
15 days from the date that Canada serves its Motion Record
- Service and filing of Canada's Reply Submissions: 7 days 
from the date that the Plaintiff serves his Responding 
Record

Please let me know if this revised timetable is acceptable 
to you. If not, pursuant to the Court's April 26, 2021, 
please provide me with your availabilities for a case 
management conference so I can advise the Court of our joint 
availabilities. Sincerely, Benjamin Wong Counsel

JCT: It's obvious we're not going to agree. I want to go by 
the Rules, he does not. But he's going to need to get an 
order dispensing him with following the rules. 

Right now, he's only got Prothonotary Aylen request for a 
timeline, as if she doesn't know it's in the rules. So he's 
pretending the timeline in the rules doesn't exist. Can't 
let the judge know about the rules she doesn't seem to know. 

I have an ace up my sleeve. Two actually. But I can't show 
them until the Case Management Judge makes the mistake of 
not following the rules, again. 

So tomorrow, I'll write to him that I disagree with his new 
77-day timeline as I disagreed with his original 87-day 
timeline and suggest we both submit the timeline we want. 
Mine, in the rules, his, not in the rules. 

If she does not follow the rules, then the fireworks can 
commence.