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Wetcoaster

OOPS - Maybe a Good Idea to Read the Law AND Make Sure It Applies

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One of the "Robo-Call" election challenges bites the dust in the Ontario riding of Don Valley East now held by Conservative MP Joe Daniel.

The Council of Canadians organized legal challenges in seven federal ridings it claims were improperly influenced by misinformation being conveyed to voters in those ridings.

The Canada Elections Act says any elector can challenge an election in a riding on the grounds of irregularities or corruption if they were eligible to vote in that constituency.

Leeanne Bielli is one of nine Canadians who brought a challenge to the Federal Court over the 2011 election results and in her suit it involved the Don Valley East riding.

One slight problem with the lawsuit, Leeanne Bielli does not reside within that riding and as such has no standing to bring a law suit.

It turns out Ms. Bielli is registered to vote in an adjacent riding. In her affidavit, Ms. Bielli said she received two pre-recorded calls on her cellphone purporting to be from Elections Canada. They indicated her polling station had changed. She said she neglected to write down the address of the new polling station before the call ended and assumed she would be unable to vote as a consequence.

In a notice of motion filed Oct. 18, Daniel says Bielli doesn't live in the riding and is therefore not eligible to take the case to court. He says she's on the voter list for Toronto's Don Valley West, the riding next door.

"Ms. Bielli has no standing … to contest the election in the electoral district of Don Valley East," the notice of motion says.

"As such, the application herein is frivolous and vexatious or not made in good faith, and must be dismissed."

http://www.cbc.ca/ne...es-contend.html

Council of Canadians lawyer Steven Shrybman, who is acting for the voters challenging the 2011 election results, said he won’t oppose the Tory motion to dismiss the Don Valley East lawsuit. Well.. DUH!!!

Shrybman made an error that a first year lawyer should not make... he listened to the client without verifying the facts for himself.

He said Ms. Bielli made an “honest mistake” when she thought she was eligible to cast a ballot in Don Valley East.

Mr. Shrybman said the Council is not to blame for this oversight.

“Leeanne Bielli retained me and the firm to represent her. We interviewed her and went over her affidavit with her. She had the honest belief that she was in Don Valley East and we didn’t have any reason to doubt it,” Mr. Shrybman said.

“We interviewed and re-interviewed. We had no reason to doubt.”

http://m.theglobeand...?service=mobile

Sorry Stevie sounds like negligence to me, I hope you have put your liability insurer on notice. :laugh:

And who is Stevie when not doing the most basic research before launching a lawsuit??

Steven Shrybman@Shrybman

I practice law in the public interest. Mostly in defense of the Commons, from water and seeds, to public services and cultural diversity.

https://twitter.com/Shrybman

Maybe a change of name to Stevie Shrubman is in order?

And another basic rule for lawyers Stevie - do not let your personal bias interfere in the exercise of your legal judgment. Otherwise you come off looking like an incompetent doofus.

Steven Shrybman

‏@Shrybman

The Tories say I don't like S. Harper, it's just that I like Mitt Romney more.

https://twitter.com/...502062193369088

And even more ironic... a quick check on Leeanne Bielli reveals her occupation:

Leeanne Bielli

Paralegal at LCB Paralegal Services

Toronto, Canada Area Law Practice

http://ca.linkedin.c...ielli/28/656/8a

And her employer?

OUR SERVICES

LCB Paralegal Services is located in Toronto and has been providing paralegal services throughout to the Greater Toronto Area since 2008.

Providing quality legal service to our clients is our top priority and we are committed to achieving the best possible results in the most efficient and cost effective manner.

We care about you and commit to fully serving your best interests.

LCB Paralegal Services offers a wide variety of rates, designed to suit your legal need.

http://lcbparalegal.ca/

If Ms. Bielli is an example of the quality paralegals who would be performing legal services for the public, I would seriously re-consider hiring LCB were I in the marlet for such services.

Oh yeah and avoid The Shrubman as well.

And what does the CPC think? Conservative Party spokesman Fred DeLorey said the basic error in the Don Valley East case should cast doubt on the rest of the lawsuits as well. “The Council of Canadians’ case is based on the flimsiest of evidence, clearly thrown together without any real care or concern for the facts,” Mr. DeLorey said.

The CPC apparently will be seeking court costs against Ms. Bielli for the abortive lawsuit. I wonder if she might then counterclaim against her lawyer for negligence?

Basic rule - stupidity, ignorance and negligence are not a viable defences to the claim for costs.

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so lemme get this right, they are sueing the government because they didn't bother to check where to vote, and blame their negated vote on the government?

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Don't worry wet, they will find other people that do happen to live in the appropriate alleged robo call area and there will be plenty of lawsuits. Heck, there might even be one or two as a result of this failed one.

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so lemme get this right, they are sueing the government because they didn't bother to check where to vote, and blame their negated vote on the government?

Well, she very well might have gotten said calls and have a legitimate grievance in her riding. Not that the people behind the suing care so much about that as an opportunity to stick it to the conservatives.

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Don't worry wet, they will find other people that do happen to live in the appropriate alleged robo call area and there will be plenty of lawsuits. Heck, there might even be one or two as a result of this failed one.

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