The perspective of this video is Ontario provincial legislation and or Federal Legislation and Law. The concepts however should apply to all Canadian jurisdictions.
ADDITIONAL NOTES: COMMENCING A PROCEEDINGS
1. Whether Civil, Quasi-Criminal or …
The perspective of this video is Ontario provincial legislation and or Federal Legislation and Law. The concepts however should apply to all Canadian jurisdictions.
ADDITIONAL NOTES: COMMENCING A PROCEEDINGS
1. Whether Civil, Quasi-Criminal or Criminal every proceedings must begin with an "Allegation".
2. The Allegation must be documented and then registered and filed with the Court.
3. Under the Ontario POA, this documentation is done either by a Certificate of Offence or a Laying an Information.
4. ANY claim registered against you in a Court MUST be responded to. RESCIND is not sufficient and it is not common law.
5. Documenting an "Allegation" is an "Essential Procedural Component" that must be met for the proceeding to be "clear and regular on its face".
6. "Essential Procedural Components" are different from "Essential Elements", which will be spoken to in a separate video.
ADDITIONAL NOTES: The Notice
1. Whether Civil, Quasi-Criminal or Criminal every proceedings the "Defendant" in Civil or the "Accused" in Quasi-Criminal or Criminal MUST receive notice.
2. Depending on "Jurisdiction" will determine what legislation or "Rules" you will use.
3. These "Rules" will establish the "Essential Procedural Components" like the type of notice and limitation of service.
3. Under the Ontario POA, this notice is done either by an "Offence Notice" or a "Summons".
4. In a Civil actions, this notice is typically called a "Plaintiff's Claim".
5. Failure to serve the Accused and or Defendant is fatal error in one of the "Essential Procedural Components" that must be met for the proceeding to be "clear and regular on its face".
6. "Essential Procedural Components" are different from "Essential Elements", which will be spoken to in a separate video.
WARNING: I did swear once in this recording. I will endeavour not to again for those who may want to share the content with younger audiences can do so without worry.
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DISCLAIMER: All content is for information purposes only and not to be construed as legal advice. Please qualify the information with your own research or with a registered legal professional.
