The shame….
This is a continuation, if you will, on the post “A question on our legal system”. I am in the middle of two compressed courses and the matter mentioned in this post, so I am going to be very brief. Which means I am not going to be providing a lot of background information, some of that you can get from the initial post titled "A question on our legal system" . What I will say is that this post also questions the “fairness” of our legal system, in this instance particularly as it relates to people who are different, and who are at a disadvantage already. Because it appears to me as though the experiences we are having are not only unfair, they are actually disadvantageous to those who need protection the most, these being the vulnerable, the dependent, those with fewer resources and who are not capable of speaking for themselves. So here’s the very brief posting. For background to understand the post from where I start here today, please do go back to the "A question on our legal system" post from Dec. 22, 2017.
Here we go….
Going back to Dec. 9, just before the scheduled day
of the oral briefs…
Opposing counsel decided, after accusing us of not
sending in the written briefs but then having it shown, by virtue of signed
courier chit, that we had submitted said briefs, that she needed to go to oral
briefs. These were to be presented on Dec. 10
Dec.9 she notified the arbitrator and my counsel she was ill (this was the subject of the “discussion” in my previous post on the matter). A one month adjournment was granted, in spite of no supporting evidence for opposing counsel's supposed illness, in spite of repeated demonstrations of her lack of truthfulness in previous matters.
Oral briefs were presented Jan. 5. One week was granted to submit some case law related to a particular matter. This would have taken us to Jan. 12.
Note that all of the above would have been costing me more money, and increasing the chances I would have had to back out for lack of funds. Remember, I'm still living on $800/mth.
I just received an e-mail from my counsel. Opposing counsel decided to submit further arguments last Friday with her case laws, even though both counsels were specifically instructed there was to be no expositions submitted with the cases, cases only, highlighting would be permitted. For some bizarre reason and against my counsel's objections the arbitrator is allowing this submission of further materials, even though we have not been permitted to submit the full range of my son's diagnoses, assessment, or descriptions of his needs from medical professionals, because such are too lengthy.
We have until this Friday to respond if we so choose. I am now having to drop everything to look through the 19 pages of submissions from opposing counsel to decide if we are going to respond, and to try to see if I have the funds to do so.
And the system is fair?
Dec.9 she notified the arbitrator and my counsel she was ill (this was the subject of the “discussion” in my previous post on the matter). A one month adjournment was granted, in spite of no supporting evidence for opposing counsel's supposed illness, in spite of repeated demonstrations of her lack of truthfulness in previous matters.
Oral briefs were presented Jan. 5. One week was granted to submit some case law related to a particular matter. This would have taken us to Jan. 12.
Note that all of the above would have been costing me more money, and increasing the chances I would have had to back out for lack of funds. Remember, I'm still living on $800/mth.
I just received an e-mail from my counsel. Opposing counsel decided to submit further arguments last Friday with her case laws, even though both counsels were specifically instructed there was to be no expositions submitted with the cases, cases only, highlighting would be permitted. For some bizarre reason and against my counsel's objections the arbitrator is allowing this submission of further materials, even though we have not been permitted to submit the full range of my son's diagnoses, assessment, or descriptions of his needs from medical professionals, because such are too lengthy.
We have until this Friday to respond if we so choose. I am now having to drop everything to look through the 19 pages of submissions from opposing counsel to decide if we are going to respond, and to try to see if I have the funds to do so.
And the system is fair?
???????REALLY???????
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