Pete Daoust

Apr 13, 2013 5:41 PM
I have a very personal answer to this that I don't think I will share because you guys will PRESUME that I'm NOT intelligent......so I will READ everything you write until I get bored...


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Derek Moran

Apr 13, 2013 5:46 PM
Right-off-the-bat, Maximus has already shared that they will try to exert their authority over you by blurting-out as soon as you open the door- "Are YOU the (NAME)??".....obviously, a certain 'someone' on this page would advise to hit-them-back immediately with a- "WHO are YOU??" and/or a variation of the "BY WHAT AUTHORITY...??" mantra


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Pete Daoust

Apr 13, 2013 5:51 PM
don't mind Derek Moran if I put this here ??? http://www.youtube.com/watch?v=W6DGzxUhN6U


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Audrey Ferncastle

Apr 13, 2013 5:56 PM
http://www.youtube.com/watch?v=PpUjl4LvQM8&list=PLEPVkPJcXOfitjsWkh_5_S_kY-IsRPNHt&index=7


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Derek Moran

Apr 13, 2013 5:56 PM
Proceedings Before Courts and Tribunals Proof of by-laws Convictions not invalidated 454. (1) If a court convicts a person for a contravention of a by-law of the City or of a local board of the City without proof of the by-law, another court hearing a motion to quash the conviction may dispense with such proof or may permit the by-law to be proved by affidavit or in such other manner as it considers appropriate. 2006, c. 11, Sched. A, s. 454 (1). REQUIREMENT as to PROOF (2) NOTHING in this section relieves a prosecutor from the DUTY of PROVING the by-law or entitles the convicting court to dispense with such proof. 2006, c. http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_06c11_e.htm


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Derek Moran

Apr 13, 2013 5:58 PM
There is a REASON this section is BURIED at the bottom of the City of Toronto Act..AND, that reason is below:


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Beverly Berta Braakschmack

Apr 13, 2013 5:58 PM
I have two dobermans... they can answer the door as they usually do...


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Beverly Berta Braakschmack

Apr 13, 2013 5:59 PM
Epcor hasn't been able to get a meter reading for over 10 months now...


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Derek Moran

Apr 13, 2013 6:02 PM
LIABILITY OF THE CITY 391. Liability for torts (2) Subsection (1) DOES NOT RELIEVE the CITY of LIABILITY to which it would otherwise be subject in respect of a TORT committed by a member of city council, an officer, employee or agent of the City or a person acting under the instructions of such an officer, employee or agent. 2006, c. 11, Sched. A, s. 391 (2). http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_06c11_e.htm


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Beverly Berta Braakschmack

Apr 13, 2013 6:03 PM
A tort, in common law jurisdictions, is a civil wrong[1] which unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act


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Derek Moran

Apr 13, 2013 6:09 PM
Scott has blasted-me-in-good-fun before about READING TOO MUCH CASE LAW. To wit i asked- "Well what the FUCK am i supposed to read then to try and learn this stuff..??" His answer---> http://www.carswell.com/product-detail/ontario-annual-practice-2012-2013-edition-cd/


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Derek Moran

Apr 13, 2013 6:12 PM
What he DIDNT know at the time was that i already had THIS book since last summer---> http://www.lexisnexis.com/store/ca/catalog/booktemplate/productdetail.jsp?prodId=prd-cad-00908


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Derek Moran

Apr 13, 2013 6:15 PM
The book above lists EVERY Tort for lawyers and Judges/Justices to reference along with either short or lengthy descriptions of what defines/constitutes each Tort.....i highly recommend this book, relative to what province you're in


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Derek Moran

Apr 13, 2013 6:32 PM
BAILIFF (The Dictionary of Canadian Law, 3rd-edition): 1. a sheriff's officer or person employed by a sheriff to make arrests, carry out executions, and serve writs. 2. A person who, for remuneration, acts or assists a person to act, or represents to a person that she or he is acting or is available to act, on behalf of another person in repossessing, seizing or distraining any chattel, or in evicting a person from property. 3. As used today, the word "bailiff" has two meanings. In the first meaning, it refers to a person employed in an official capacity to serve a Crown-appointed officer (such as a sheriff) or a court. *In the second meaning, it refers to an AGENT of a PRIVATE person who collects rents or manages real estate. R. v. Burns 2002*


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Derek Moran

Apr 13, 2013 6:41 PM
Property Tax Arrears: Collection Process In the City of Toronto, approximately 96% of all property owners pay their property taxes on time. The City takes action to collect overdue property taxes. It is important to note that payments received are applied to the oldest outstanding balance first in accordance with the provisions of the City of Toronto Act, 2006. If a property owner does not pay their property taxes by the instalment due dates, the following actions will be taken: Penalty/Interest Charges Property Tax Account Statements Collection Letters and Telephone Contact Final Notice Issuance of Tax Arrears to a Bailiff Municipal Tax Sale Proceedings Other links Property Tax Fees Largest Debtor's Report http://www.toronto.ca/taxes/property_tax/taxarrears.htm#sale


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Derek Moran

Apr 13, 2013 6:41 PM
1. Penalty / Interest Charges A penalty of 1.25% on the unpaid amount of an instalment will be added on the first day after the instalment due date. A further 1.25% of the outstanding amount will be added as interest on the first day of each month thereafter, as long as taxes remain unpaid. Monthly interest charges are also imposed on any unpaid taxes from prior years. Penalty and interest rates are set by City by-laws, pursuant to the City of Toronto Act, 2006. Penalty and interest charges on overdue amounts cannot be waived or altered. If taxes and charges are overdue, payments are applied to the oldest outstanding balance first. Fees may also be added when taxes are outstanding.


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Derek Moran

Apr 13, 2013 6:41 PM
2. Property Tax Account Statement Property Tax Account Statements (formerly known as Statements of Tax Account) are mailed to property owners in arrears advising that their property taxes are overdue. These statements are mailed: At the beginning of each year (on tax accounts with an overdue amount as at December 31st) After the 1st Instalment due date of the Interim Tax Bill (March) After the 3rd Instalment Due Date of the Interim Tax Bill (May) After the 1st Instalment Due Date of the Final Tax Bill (July) After the 3rd Instalment Due Date of the Final Tax Bill (September) If a statement is issued to you, a fee will be added to your property tax account to cover the cost of producing and mailing the statement. This fee will be included in your statement amount.


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Derek Moran

Apr 13, 2013 6:42 PM
3. Collection Letters and Telephone Contact A Revenue Collector may contact owners of accounts with outstanding current year taxes, by way of phone calls or letters, to arrange either full payment or a firm, suitable payment arrangement.


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Derek Moran

Apr 13, 2013 6:42 PM
4. Final Notices Final Notices - Residential Property Final Notices are issued as one last notification to the property owner of their outstanding balance prior to the issuance of tax arrears to a Bailiff. In or around April of each year, Final Notices are mailed to those residential property owners with a previous year's outstanding balance. The Final Notice advises that they have 21 days to pay their taxes, or enter into a firm, suitable payment arrangement with the City, or their account will be issued to a bailiff for collection. All accounts that fail to respond to the Final Notice are issued to a bailiff beginning in May. Final Notices - Non-Residential Properties In November of each year, "Final Notices" are mailed to all non-residential property owners with a current year's outstanding balance. The Final Notice advises that they have 21 days to pay their taxes, or enter into a firm, suitable payment arrangement with the City, or their account will be issued to a bailiff for collection. All accounts that fail to respond to the Final Notice are issued to a bailiff beginning in January of the following year. If a Final Notice is issued to you, a fee will be added to your property tax account to cover the cost of producing and mailing the notice. This fee will be included in your statement amount.


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Derek Moran

Apr 13, 2013 6:43 PM
5. Issuance of Tax Arrears to a Bailiff A bailiff serves a Notice of Issuance to Bailiff: Residential Properties If a residential property owner fails to respond to the "Final Notice" and has outstanding taxes from the previous year in the amount of $100 or more, the account is issued to a bailiff. The City will issue a Notice of Issuance to Bailiff to the taxpayer indicating that their outstanding tax balance has been issued to a bailiff, and that any further payments on the outstanding amount must be made to the bailiff for collection of unpaid amounts. Non-Residential Properties If a non-residential property owner fails to respond to the "Final Notice", the City will issue a Notice of Issuance to Bailiff to the taxpayer indicating that their outstanding tax balance has been issued to a bailiff, and that any further payments on the outstanding amount must be made to the bailiff directly. If a Notice of Issuance to Bailiff is issued to you, a fee will be added to your property tax account to cover the cost of producing and mailing the statement. This fee will be included in your statement amount. Notice of Issuance to Bailiff Fee: $56 per notice


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Derek Moran

Apr 13, 2013 6:43 PM
Information on Bailiffs The City of Toronto Act, 2006 permits municipalities to use the services of a bailiff in the collection of property tax arrears. A bailiff is a duly appointed agent under contract with the City of Toronto to recover outstanding property taxes. The costs of the bailiff service are the full responsibility of the property owner. Bailiff tax recovery actions include: Serving a Warrant to Distrain for Taxes to the assessed address advising the property owner of default of such outstanding taxes, penalties and lawful cost of said distress. Mailing notices to the property owner advising that a warrant has been issued and the amount of the warrant. Title searches. Telephone contact with the property owner(s), mortgage holder(s) and all other parties that appear on title. Site visits. Attornment of Rent(s) (i.e. if a property is tenanted, the bailiff can direct the tenant(s) to submit rent payments to the bailiff. These attorned rents are then applied against the outstanding property taxes). Issuing a Warrant to Distrain Goods/property (i.e. the bailiff can register a common law lien against goods/property located in or on an owner's property). Issuing a Warrant to Seize Goods/Chattels (i.e. the bailiff can physically seize and remove goods/chattels from the property and ultimately sell items seized to recover the tax arrears.


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Derek Moran

Apr 13, 2013 6:44 PM
6. Municipal Tax Sale Proceeding Once all other collection efforts are exhausted, and the City has been unable to secure payment of the tax arrears, or a firm, suitable repayment plan, the City commences Municipal Tax Sale Proceedings as prescribed by the City of Toronto Act, 2006. Municipal Tax Sale proceedings can begin once taxes have been in arrears for at least three years. The first step in the Municipal Tax Sale process requires the City to register a Tax Arrears Certificate on title of a property. The debtor has one year from the date of registration of a Tax Arrears Certificate on title of the property to pay the cancellation price (which includes all of the taxes levied and outstanding, all accrued penalty/interest and costs). Failing payment within that year, or the entering into of an extension agreement, the Treasurer is required to proceed with a sale of the property through a public auction or public tender.


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Derek Moran

Apr 13, 2013 6:44 PM
Property Tax Fees At its meeting on October 22, 2007, Toronto City Council adopted the followingfees: Service Fee Property Tax Account Statement (formerly Statement of Tax Account) $16 per statement Final Notice $21 per notice Notice of Issuance to Bailiff $56 per notice


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Derek Moran

Apr 13, 2013 6:45 PM
Largest Debtor Report The Director of Revenue Services is required to: Submit a public report to the Government Management Committee on a semi-annual basis identifying those properties owned by a corporation with tax arrears of $500,000 or more. View report. Submit a report to Committee identifying those properties owned by individuals with tax arrears of $500,000 or more.


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Derek Moran

Apr 13, 2013 7:27 PM
Another reason THEY will send a PRIVATE BAILIFF, is because a Police Officer took an oath to also be a COMMON LAW peace officer, as evidenced as ever so slightly being mentioned here in the Police Services Act: Duties of police officer 42. (1) The duties of a police officer include, Powers and duties of COMMON LAW constable (3) A police officer has the powers and duties ascribed to a constable at COMMON LAW. R.S.O. 1990, c. P.15, s. 42 (2, 3). http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90p15_e.htm#BK65


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Derek Moran

Apr 13, 2013 7:36 PM
Another awesome book that EXPANDS upon the common law duties of a police officer i had heard of for awhile just wasnt sure exactly what it was called (thanks Martin), is this one- PHENOMENAL, a must-have fits right into the palm-off-your-hand perfect to show anybody trying to exert authority they do not have over you trying to violate your rights whats-what right there at the moment: http://www.carswell.com/product-detail/salhanys-police-manual-of-arrest-seizure-and-interrogation-tenth-edition-formerly-the-police-manual-of-arrest-seizure-and-interrogation/


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Derek Moran

Apr 13, 2013 8:02 PM
Martin's Criminal Code - Interpretation section 2. - Annotations: "peace officer"/municipal enforcement officers: a municipal by-law enforcement officer was NOT ENTITLED to ENFORCE the provisions of the Criminal Code: R. v. Laramee (1972), R. v. Wright (1973)


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Derek Moran

Apr 13, 2013 8:07 PM
Martin's Criminal Code - Interpretation section 2. - Annotations: "peace officer"/municipal enforcement officers: BAILIFF refers to a Crown-APPOINTED officer or court and DOES NOT INCLUDE a person employed by a PRIVATE bailiff company: R. v. Burns (2002)


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Derek Moran

Apr 13, 2013 8:19 PM
http://www.toronto.ca/311/knowledgebase/26/101000040626.html


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Derek Moran

Apr 13, 2013 8:20 PM
http://www.toronto.ca/311/knowledgebase/27/101000040627.html


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Derek Moran

Apr 13, 2013 8:22 PM
http://www.toronto.ca/311/knowledgebase/69/101000032569.html


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Pete Daoust

Apr 13, 2013 8:26 PM
I have a feeling that you have a little something AGAINST property taxes...


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Derek Moran

Apr 13, 2013 8:35 PM
No. This is about a by-law violation about 2 years ago they charged my dad with while i was living in Windsor. When i came back last year, for Dean Clifford's seminar last March incidentally, they had already sent him SECOND NOTICE. I told my dad, that- "You may not wanna pay it, because you feel its not fair-or-right, but you just cant IGNORE it either. You will have been DEEMED to be in DISHONOUR and to have CONSENTED to their claim by your ACQUIESENCE through TACIT-AGREEMENT to it." He asked me what was the alternative then? I said, "Send them back your OWN Notice, asking them for their PROOF-OF-CLAIM that you've SUPPOSEDLY broken the law!"


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Derek Moran

Apr 13, 2013 8:42 PM
Well- in the past year, we've probably sent them 10 to 12 NOTICES. Not saying stuff like- "Awwwh, not FAIR...you big MEANIES...you CANT do that to us," either; i mean, taking, them, to SKOOL. I could write a fucking-textbook at this point about how fraudulent by-laws are once you rebut their PRIMA FACIE presumptions. They threatened my dad with taking him to court THREE times, and three times ive asked them- "..what day do i have to show-up?"


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Derek Moran

Apr 13, 2013 8:44 PM
SCOTT- do you have the PENULTIMATE, "BY WHAT AUTHORITY.." line to a Bailiff that shows-up on your doorstep that you can share.....?


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Derek Moran

Apr 13, 2013 8:54 PM
Problem is- now they've just taken the Inspection-Fee they've been trying to get my dad to act as SURETY for, and since its property-tax time, have COMMINGLED it with his property-taxes. Meaning, he cant pay his property-taxes first, without paying-off the fraudulent Inspection-Fee first ($203), which would still leave $203 leftover on his first property-tax installment to be paid, if that makes sense. They've just managed to- "mix-everything-up-into-the-wash-together-so-you-dont-know-whats-what," as they say.


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James Allan

Apr 13, 2013 10:44 PM
Awesome research, yet again, Derek - Hats off to you!!!


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James Allan

Apr 13, 2013 10:50 PM
I love the word "duties" as being ascribed to a police officer under the Police Services Act. Does anyone have a source for what the "duties" of a constable at common law are. Once we find these we HOLD THEM to their duties where we operate in common law.


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Audrey Ferncastle

Apr 13, 2013 10:55 PM
A TAX is an EnForced Contribution. Only those who benefit from or are employed by the taxor are subject/bound.


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Audrey Ferncastle

Apr 13, 2013 10:56 PM
With Benefits come Duties. The Duty to pay your fair share of the contribution which supports your ability to draw upon the Benefits.


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Audrey Ferncastle

Apr 13, 2013 10:57 PM
Bossing around the rest of your fellow human family is a Benefit. You must pay a Duty for the Privilege.


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Audrey Ferncastle

Apr 13, 2013 11:09 PM
You are the Living Man who was Given the Gift of Right to Practice and Enjoy Dominion on the Land You Occupy. Can they Rebut????


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James Allan

Apr 13, 2013 11:15 PM
FernCastle, Derek is a star researchers and amazing legal mind (but I think you know that). I normally stay clear of such comments from parties like yourself, but you may put your concerns to rest in that there is little doubt that Derek is more than capable of guaging whether he needs to "Simmmmma Down". You are absolutely priceless.


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Audrey Ferncastle

Apr 13, 2013 11:19 PM
Yes, I Respect Derek... I'm not a fool. I do feel thougjh, that we All must Remember that Bringing it back to Simple Wins.


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Audrey Ferncastle

Apr 13, 2013 11:20 PM
Basics... what the Common Man can Understand


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Audrey Ferncastle

Apr 13, 2013 11:21 PM
Then it will spread.... like an itch....


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Derek Moran

Apr 14, 2013 6:22 PM
I put-up a thread on How-To-Deal-With-a-Bailiff..and somebody posted on it a video-clip of people getting kicked-in-the-balls :/


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Pete Daoust

Apr 14, 2013 6:23 PM
:D


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Pete Daoust

Apr 14, 2013 6:27 PM
You have the ADMINISTRATOR title in here Derek Moran ?????......well, ADMINISTRATE :D


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Derek Moran

Apr 14, 2013 6:50 PM
I put-up a thread on How-To-Deal-With-a-Bailiff..and somebody posted on it a video-clip encouraging people how to INJURE a bailiff with a deadly sling-shot? :I Administrate indeed Pierre- get a good look at it, now you see it... now you dont


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Pete Daoust

Apr 14, 2013 6:52 PM
lol


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Derek Moran

Apr 14, 2013 6:56 PM
"Basics... what the Common Man can Understand" - yes indeed, and lets take a look at that: Article 7. ALL are equal before the law and are ENTITLED without any discrimination to equal PROTECTION of the law. All are entitled to equal protection against any DISCRIMINATION in violation of this Declaration and against any incitement to such discrimination. http://www.un.org/en/documents/udhr/index.shtml


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Derek Moran

Apr 14, 2013 6:57 PM
Article 8. Everyone has the RIGHT to an effective REMEDY by the COMPETENT national tribunals for acts violating the FUNDAMENTAL RIGHT granted him by the constitution or by law.


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Derek Moran

Apr 14, 2013 6:59 PM
Article 10. Everyone is entitled in full equality to a FAIR and public hearing by an INDEPENDENT and IMPARTIAL tribunal, in the determination of his rights and obligations and of any criminal charge against him.


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Derek Moran

Apr 14, 2013 7:01 PM
Article 12. NO ONE shall be subjected to ARBITRARY interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the RIGHT to the PROTECTION of the law against such interference or attacks.


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Pete Daoust

Apr 14, 2013 7:04 PM
by the competent national tribunals for acts violating the FUNDAMENTAL RIGHT : I'm just asking WHERE are those competent tribunals ???????


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Pete Daoust

Apr 14, 2013 7:06 PM
Is anyone found what is the CONFIDENTIALITY oath these justice, judges and lawyers have....?????


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Derek Moran

Apr 14, 2013 7:06 PM
Article 17. (1) Everyone has the right to own property ALONE as well as in association with others. (2) No one shall be ARBITRARILY deprived of his property.


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Derek Moran

Apr 14, 2013 7:06 PM
Article 30. Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the DESTRUCTION of any of the rights and freedoms set forth herein.


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Pete Daoust

Apr 14, 2013 7:10 PM
Is this DECLARATION'S a treaty or an agreement ????


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James Allan

Apr 14, 2013 7:13 PM
I don't believe there is anything you can "say" to a baliff at the door to stop him. He is going to go ahead and do what he came to do. I suggest having a well drafted document ready for him which will rebut his presumptions and assert your position at law respecting the matter. What you will do is largely create evidence so as to show he acted unlawfully and is now liable to you.


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Pete Daoust

Apr 14, 2013 7:20 PM
ok....WHY a bailif will show up at your door on the first place ?????


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Derek Moran

Apr 14, 2013 7:42 PM
"Unfortunately, nowadays, no one seems to know what a Bailiff does. Often, this works to our benefit because debtors DONT REALLY KNOW what we can or cannot do, so THEY USUALLY err on the side of caution and COOPERATE WITH US. Ironically, �Public bailiffs� cannot be hired by the public. Only �private Bailiffs� can. If an individual person or business wants to enforce their rights of seizure and sale based upon a lien or other security, they can only retain a �PRIVATE� Bailiff to do it for them. A �PRIVATE Bailiff� CANNOT act on enforcing a Judgment, unless the Judgment or the RULES OF CIVIL PROCEDURE specifically entitles them to." http://laingparent.com/?page_id=102


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Derek Moran

Apr 14, 2013 8:07 PM
Quick Tips On the Role and Rights of the Bailiff Private bailiffs are appointed under the Bailiffs Act and are not employees of the government or of the courts, nor are they peace officers. Bailiffs may sell repossessed goods in order to recover money owed to their clients. Bailiffs charge debtors for their costs � the money is taken from the funds received when goods are sold or you may be required to pay the amount before getting the goods back. The bailiffs� costs are subject to those allowed by the Costs of Distress Act or the Repair and Storage Liens Act. Bailiffs may evict commercial tenants and manage a commercial property or unit on behalf of the landlord. If a commercial tenant is evicted, the tenancy is ended although the landlord may allow the tenant to regain possession upon payment of the arrears. http://www.sse.gov.on.ca/mcs/en/Pages/Personal_Finance_Bailiffs_Role.aspx


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Derek Moran

Apr 14, 2013 8:09 PM
Your Rights When Dealing With Bailiffs Bailiffs may not use force to repossess goods or evict commercial tenants. Bailiffs must withdraw if you tell them to do so. If a bailiff uses threats, coercion or force, report it to the police and complain to the Consumer Protection Branch. The statute under which the bailiff is acting controls the amount you are liable to pay for costs associated with a repossession or seizure. Your liability will vary according to the statute. You should refer to the statute to determine your liability and how you can challenge the costs. Goods purchased on an installment plan cannot be repossessed without a court order if you have paid two-thirds or more of the payment obligation.


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Last Updated: Apr 14, 2013 8:09 PM
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Derek Moran

Apr 14, 2013 8:10 PM
If Your Debt Is In Doubt If you do not owe all or part of the money claimed, contact the business or landlord who sent the bailiff to your address. The business or landlord has told the bailiff that you owe money. It is not up to the bailiff to decide whether or not you owe money.


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Last Updated: Apr 14, 2013 8:10 PM
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Derek Moran

Apr 14, 2013 8:11 PM
If You Have Financial Problems COMMUNICATE with the BUSINESS or landlord and TRY to work through your problem. Creditors may be willing to discuss how to manage repayment and avoid repossession or eviction. If you simply cannot pay what you owe, it may be better to surrender the article and avoid the costs associated with repossession. Credit counsellors can help you find solutions to debt problems and work with creditors to solve repayment issues. The Ontario Association of Credit Counselling Services can help you contact your nearest credit counselling service.


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Last Updated: Apr 14, 2013 8:11 PM
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Pete Daoust

Apr 14, 2013 8:14 PM
So if I understand good, a bailif will show up at your front door if you owe $$ to someone, and this someone tried to get their $$ without success, and this someone went in COURT to get a court order to send a bailif to your place to get their $$...Right ??????


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Last Updated: Apr 14, 2013 8:14 PM
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Pete Daoust

Apr 14, 2013 8:16 PM
but AS LONG as I/we communicate with this someone about a debt and /or PRESUMED debt, no bailifs can be in the picture...right ???


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Last Updated: Apr 14, 2013 8:16 PM
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Derek Moran

Apr 14, 2013 8:17 PM
A �PRIVATE Bailiff� CANNOT act on enforcing a Judgment, unless the Judgment or the RULES OF CIVIL PROCEDURE specifically entitles them to."


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Last Updated: Apr 14, 2013 8:17 PM
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Pete Daoust

Apr 14, 2013 8:20 PM
so he has to SHOW you where it says that he is ENTITLED to enforce this PRESUMED judgement.....if he can't show this to you, you can ask him to leave ????


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Last Updated: Apr 14, 2013 8:20 PM
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Pete Daoust

Apr 14, 2013 8:21 PM
are they not ALL private bailifs ??????


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Last Updated: Apr 14, 2013 8:21 PM
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James Allan

Apr 14, 2013 8:21 PM
from the CCC: 39. (1) Every one who is in peaceable possession of personal property under a claim of right, and every one acting under his authority, is protected from criminal responsibility for defending that possession, even against a person entitled by law to possession of it, if he uses no more force than is necessary. Defence without claim of right (2) Every one who is in peaceable possession of personal property, but does not claim it as of right or does not act under the authority of a person who claims it as of right, is not justified or protected from criminal responsibility for defending his possession against a person who is entitled by law to possession of it.


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Last Updated: Apr 14, 2013 8:21 PM
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Pete Daoust

Apr 14, 2013 8:24 PM
So in these well drafted document you were talking about up there.....a claim of right need to be in it...????


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Last Updated: Apr 14, 2013 8:24 PM
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James Allan

Apr 14, 2013 8:27 PM
Not any more... the bastards repealed that section in 2012 http://laws-lois.justice.gc.ca/eng/acts/C-46/section-39-20030101.html


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Last Updated: Apr 14, 2013 8:27 PM
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Pete Daoust

Apr 14, 2013 8:27 PM
A claim of right could be as simple as: I�m Joseph Pierre Gilles, Life Birth Registration Number 11XXXX, I'm the LAWFUL HOLDER IN DUE COURSE OF PIERRE DAOUST, Inscription No.119XXXXXXXX I�m the SOLE beneficiary of PIERRE DAOUST I make ALL business decisions for PIERRE DAOUST I am the MASTER or my PERSON Named PIERRE DAOUST And I reserve and/or claim ALL RIGHTS�.all of them�


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Last Updated: Apr 14, 2013 8:27 PM
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Pete Daoust

Apr 14, 2013 8:29 PM
what do you mean REPEALED ??????


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Pete Daoust

Apr 14, 2013 8:30 PM
Sometimes, I retain myself of NOT sending this NOTICE everywhere.....I mean Everywhere....lol... :D


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Last Updated: Apr 14, 2013 8:30 PM
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Derek Moran

Apr 14, 2013 8:30 PM
Other rights and freedoms not affected by Charter 26. The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada. http://laws-lois.justice.gc.ca/eng/Const/page-15.html


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Last Updated: Apr 14, 2013 8:30 PM
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Pete Daoust

Apr 14, 2013 8:32 PM
Can a NOTICE be NON-NEGOCIABLE ?????....I would say yes, but not sure....Derek Moran, what do you think ????


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Last Updated: Apr 14, 2013 8:32 PM
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James Allan

Apr 14, 2013 8:35 PM
Repealed means it is no longer part of the Criminal Code in this case, effective march 10th. In addition to common law claims of right, this section still helps: Defence of Property Marginal note:Defence � property 35. (1) A person is not guilty of an offence if (a) they either believe on reasonable grounds that they are in peaceable possession of property or are acting under the authority of, or lawfully assisting, a person whom they believe on reasonable grounds is in peaceable possession of property; (b) they believe on reasonable grounds that another person (i) is about to enter, is entering or has entered the property without being entitled by law to do so, (ii) is about to take the property, is doing so or has just done so, or (iii) is about to damage or destroy the property, or make it inoperative, or is doing so; (c) the act that constitutes the offence is committed for the purpose of (i) preventing the other person from entering the property, or removing that person from the property, or (ii) preventing the other person from taking, damaging or destroying the property or from making it inoperative, or retaking the property from that person; and (d) the act committed is reasonable in the circumstances. Marginal note:No defence (2) Subsection (1) does not apply if the person who believes on reasonable grounds that they are, or who is believed on reasonable grounds to be, in peaceable possession of the property does not have a claim of right to it and the other person is entitled to its possession by law. Marginal note:No defence (3) Subsection (1) does not apply if the other person is doing something that they are required or authorized by law to do in the administration or enforcement of the law, unless the person who commits the act that constitutes the offence believes on reasonable grounds that the other person is acting unlawfully. R.S., 1985, c. C-46, s. 35; 2012, c. 9, s. 2. Previous Version 36. [Repealed, 2012, c. 9, s. 2] Previous Version 37. [Repealed, 2012, c. 9, s. 2] Previous Version 38. [Repealed, 2012, c. 9, s. 2] Previous Version 39. [Repealed, 2012, c. 9, s. 2] Previous Version 40. [Repealed, 2012, c. 9, s. 2] Previous Version 41. [Repealed, 2012, c. 9, s. 2] Previous Version


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Last Updated: Apr 14, 2013 8:35 PM
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Derek Moran

Apr 18, 2013 1:53 AM
Yes, i remember reading somewhere that the Municipal Act does not apply to the City of Toronto anymore...?


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Last Updated: Apr 18, 2013 1:53 AM
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Derek Moran

Apr 18, 2013 1:53 AM
Scott Duncan Nope! It's a PROVINCIAL DISTRICT.


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Last Updated: Apr 18, 2013 1:53 AM
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Derek Moran

Apr 18, 2013 1:54 AM
PROVINCIAL DISTRICT.. RECEIVER for the province.. whats the significance of all this?


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Last Updated: Apr 18, 2013 1:54 AM
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Derek Moran

Apr 18, 2013 2:18 AM
Scott Duncan Really? And where does it say that? PROOF needs to identify WHAT it's proving.


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Last Updated: Apr 18, 2013 2:18 AM
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Derek Moran

Apr 18, 2013 2:19 AM
"PROOF needs to identify WHAT it's proving."..... interesting statement. So in terms of Micah Green, when he goes into court..he should be getting them to PROVE, and/or IDENTIFY, just HOW the statute he's been charged with APPLIES to him considering he was not a Government Actor and/or performing a public-function-of-government who was performing a Government Action (thank you, Peter Hogg) ?


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Last Updated: Apr 18, 2013 2:19 AM
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Derek Moran

Apr 18, 2013 2:20 AM
Scott Duncan ...and PROOF must be SIGNED, or it's not PROOF, it's EVIDENCE. That's why it's told "officially" that it's a RECORD of an event. It's PROOF that the RESULT of the event is SECURITIZED.


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Last Updated: Apr 18, 2013 2:20 AM
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Derek Moran

Apr 18, 2013 2:20 AM
Scott Duncan A RECORD is just EVIDENCE, not PROOF.


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Derek Moran

Apr 18, 2013 2:34 AM
Scott Duncan PROVINCE=ADMINISTRATIVE ZONE. NOTHING ELSE.


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Derek Moran

Apr 21, 2013 7:10 AM
WHO ARE YOU negates the POSSIBILITY of there being UNDERSTANDING... THEY ARE AN ADMINISTRATOR. They have NO AUTHORITY to identify themselves. A JUSTICE IS NOT A PERSON... THEY SIMPLY CAN'T ANSWER!>> Scott Duncan.


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Last Updated: Apr 21, 2013 7:10 AM
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Derek Moran

Apr 23, 2013 1:14 AM
�The democratic legitimacy of municipal decisions does not spring solely from periodic elections, but also from a decision-making process that is transparent, accessible to the public, and mandated by law.� � HON. MADAM JUSTICE LOUISE CHARRON, SUPREME COURT OF CANADA


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Last Updated: Apr 23, 2013 1:14 AM
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Derek Moran

Apr 23, 2013 1:35 AM
http://www.yourmunicipality.ca/wp-content/uploads/2013/02/sunshinelaw-en.pdf


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Derek Moran

Apr 23, 2013 6:02 AM
http://www.canlii.org/eliisa/highlight.do?language=en&searchTitle=%5B1993%5D+1+SCR+674&origin=%2Fen%2Fca%2Fscc%2Fdoc%2F1993%2F1993canlii166%2F1993canlii166.html&translatedOrigin=%2Ffr%2Fca%2Fcsc%2Fdoc%2F1993%2F1993canlii166%2F1993canlii166.html&path=/en/ns/nssc/doc/2009/2009nssc14/2009nssc14.html&searchUrlHash=AAAAAAAQWzE5OTNdIDEgU0NSIDY3NAAAAAIANC9mci9jYS9jc2MvZG9jLzE5OTMvMTk5M2NhbmxpaTE2Ni8xOTkzY2FubGlpMTY2Lmh0bWwANC9lbi9jYS9zY2MvZG9jLzE5OTMvMTk5M2NhbmxpaTE2Ni8xOTkzY2FubGlpMTY2Lmh0bWwB


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Last Updated: Apr 23, 2013 6:02 AM
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Pete Daoust

Apr 23, 2013 5:55 PM
http://www.youtube.com/watch?v=BdYatJrPBpE


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Derek Moran

Jul 02, 2013 9:51 PM
Scott Duncan: Calling bullshit on any "law" means it's contested. If there is no signature, then it is a STATEMENT or a NOTICE, begging the question "by what authority". Scott- you bring up a good point > "Calling bullshit on any "law" means it's contested. If there is no signature, then it is a STATEMENT or a NOTICE, begging the question "by what authority". ..now what about in the case of where there IS a SIGNATURE, but, 'the law' has still been MISAPPLIED/applied inappropriately and/or improperly, how does that change things with 'calling bullshit' THEN? Scott Duncan: The signature is the surety (Authority) behind the bullshit. If you do not ACCEPT that authority, the onus is on the SURETY backing the bullshit in question, to demonstrate "higher" authority.


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Last Updated: Jul 02, 2013 9:51 PM
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Gail Marie

Jul 02, 2013 10:01 PM
notice of mistake?


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Last Updated: Jul 02, 2013 10:01 PM
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Adam Thomas

Jul 03, 2013 2:52 AM
Derek Moran, mate if ye BoE them & they don't ACCEPT your LAWFUL CURRENCY then they are in CHECKMATE. GAME OVER...LIGHTS OUT....They are forcing ye into involuntary servitude or slavery.....bible says slavery is " FUCK OFF"......checkmate...


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Last Updated: Jul 03, 2013 2:52 AM
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Derek Moran

Jul 03, 2013 3:33 AM
Adam- did you say THE BIBLE around here?? ..so does the UDHR and its covenants ;)


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Last Updated: Jul 03, 2013 3:33 AM
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Derek Moran

Jul 04, 2013 8:14 PM
"At no time do people "Shop around" for a "special examiner". You did not CHOOSE to do business with them. They are a SERVICE.


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Last Updated: Jul 04, 2013 8:14 PM
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Derek Moran

Nov 13, 2013 12:07 AM
I put a TON Scottisms in this thread...


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Last Updated: Nov 13, 2013 12:07 AM
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Scott Duncan

Nov 13, 2013 1:11 AM
Indeed!


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Last Updated: Nov 13, 2013 1:11 AM
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Derek Moran

Dec 21, 2013 6:50 PM
Scott Duncan Not really. When a contract has been fundamentally breached, you can set the terms of remedy. My part of the contract was to do the job and keep my mouth shut. I've done that. THEIR part of the contract was to leave me and my trustees ALONE. NO "LEGAL" processes where ANY of us are surety. Now the public record has been altered. I have a VERY clear conscience regarding this. ALL parties who contract me are bound by the terms which CLEARLY claims my rights to do this.


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Last Updated: Dec 21, 2013 6:50 PM
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Derek Moran

Dec 21, 2013 6:52 PM
Derek Moran *lightbulb-goes-off* "When a contract has been fundamentally breached, you can set the terms of remedy."...... interesting. Using that same logic, lets take the City of Toronto's Charter of Expectations, basically a run-down of THEM stating how they will act as our public-servants and treat the rest of us. HOWEVER, if they are in BREACH of their OWN Charter, then, WE too can set our own terms for the REMEDY?? http://www.toronto.ca/employment/life_tps/values.htm Toronto Public Service Charter of Expectations and Values www.toronto.ca City of Toronto Public Service employee values Scott Duncan Unless they can prove that there was no breach. If they rebut your notice, then the onus is on you to PROVE a breach. Derek Moran Fucking-eh, Scott Duncan..thank you, thank you very much for that NUGGET.


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Last Updated: Dec 21, 2013 6:52 PM
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Derek Moran

Dec 24, 2013 4:04 PM
Jane Cellars Could you file a complaint against the public servants' bond? Scott Duncan Could you file a complaint against the public servants' bond?" Er... What? Complaint? Who am I "complaining" to? Scott Duncan You're going to complain to them? Do you have a contract with them? Are they causing you harm? Dunn and Bradstreet is a RATING agency (inter allia) and nothing else. they are brokers of data... why would you complain to them? Jane Cellars How would you remove a public servants' bond? Scott Duncan Lien it. Claim value from it. (You have to bill them first) Bobis Youruncle: With a detailed bill and historical record established by invoicing and accounting by the creation of the fee for service bill, payable/ due upon receipt. You establish a claim to the title of the property in question. If it is done through a trustee administrator ( Much like we are assigned the duty of trustee to a Birth Certificate early in life). Surety resides with the creator, 100%. All the value goes to the surety though the accounting of it. Starting with the implementation of proper notice by invoice. And of course if you have any other proper notices created, it would be advisable to send them with the bill. Terms and Conditions in Private = Law. ( Public Notice = Tender for Law) Bill = Joinder Knowledge of meanings and definitions essential.


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Last Updated: Dec 24, 2013 4:04 PM
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Derek Moran

Jan 04, 2014 12:41 AM
Derek Moran: At what point is the GUARDIAN/WARD relationship with a City Councillor created/deemed to exist, Scott...is it automatically created once one first registers to vote? Scott Duncan: It's created when you do ANY commerce with the city with an address in its jurisdiction. Scott Duncan: If someone is on the deck of the Copernicus, they are either a "ward" or an invader, and is therefore, even though I'm over 2500 km away, that "someone" is MY ward as I am the highest ranking officer... ...whereupon I can legally have them killed and just make up the reason why, after. My only LEGAL obligation, is to make an entry in the log.


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Last Updated: Jan 04, 2014 12:41 AM
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Scott Duncan

Jan 04, 2014 1:49 AM
Re:"HOW TO DEAL WITH A BAILIFF AT YOUR FRONT DOOR" Shoot him. Next thread...


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Last Updated: Jan 04, 2014 1:49 AM
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Pete Daoust

Jan 04, 2014 1:50 AM
Take out the withe thing that has a red cross on it, and SECURIZE the front door :D


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Last Updated: Jan 04, 2014 1:50 AM
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Scott Duncan

Jan 04, 2014 1:54 AM
That's "Rescue Shotgun", sir :D


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Last Updated: Jan 04, 2014 1:54 AM
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Joseph Davia

Jan 04, 2014 4:44 AM
SHOOT THE FUCKER


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Last Updated: Jan 04, 2014 4:44 AM
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David Johansen

Jan 04, 2014 5:21 AM
pour another section of concrete fence, we got filler.


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