MOTION RECORD OF THE PLAINTIFF #5 (February 09-2015)   T-2360-14


1) Relabeling of DOCUMENTS 1-4 to MOTION RECORD 1-4  to accord more closely to Federal Court Rules is noted. There is no change in content. These 4 Records are currently in the possession of the Respondents although they never acknowledge receipt of them.

2) The above 4 MOTION RECORDS were provided to the Respondents in November, December of 2014 and January 2015 to allow for an intelligent examination of this lead civil case in Canadian Jurisprudence.

3) Regrettably, they have chosen to restrict their argument countering allegations of fraud by this plaintiff on the part of the 'original' conspirators and the processes of the court over the past 30 years in an unresolved legal labour case where no compensation has been paid as being 'frivolous and vexatious' . That charge has been picked up with alacrity by a court system whose complicity, it is submitted here, challenges such basic legal notions of 'due process'; 'habeas corpus'; and 'there can be no process without judgment'.

4) Central to the charge of fraud as it relates to alleged collusion between the courts and the conspirators, are the 'secret memo notes' of meetings held by the Union and Employer ordered by Justice Mary Southin in 1986 when she quashed the arbitration in favour of the West Vancouver School Board thus leaving the plaintiff - as it turns out - in a 30 year limbo. Nothing has been settled contrary to the arguments of the Respondents and the courts. The Respondents persistently refuse to provide these memo notes to this plaintiff even though I wrote out a subpoena form for them.

5)The failure of the Supreme Court of Canada in 1997 and 2004 to hear this matter does not constitute a legal answer for in any other legal case, the litigants are left with a lower court decision; not so in this case .The Respondents here give vague arguments as to these non-existent lower court 'conclusions' which the judges consistently fail to examine.

6) This court should expect their decision to be appealed if:

a) The 'secret memo notes' are not provided to the plaintiff.

b) To declare the Union to be guilty of fraud by not clearing up the matter as to their legal representation of the plaintiff's rights under the Collective Bargaining Rules.

c) To return the plaintiff to salary dating from 1985 until a resolution is found. These monies belong to the plaintiff apart from judicial findings. The failure of the Employer to return to litigation as so ordered by Justice Mary Southin in 1987 when they failed to follow her recommendation that employment should be returned to the plaintiff was compounded when they further failed to return to litigation as she subsequently ordered as a consequence. The Employer's cupidity in joining with the Union to foil any attempt I made to reach a court ordered settlement should be considered as fraud.

d) Considering that the evidence cited by the Union as their sole presentation (supported by the Employer) relates to the highly specious ruling of Ontario Court Justice, Colin McKinnon, the Federal Court should ignore this document. Further, the Federal Court should eliminate any Orders against the Plaintiff which would impair his progress in any Canadian court of law.

ENCLOSURES: (from www.employeescasecanada.com)

7) a) Open Letter to PMO   - January   14 - 2015               pges.  01 - 02

     b) Reply to BCTF/WVTA - January   15 - 2015                           03 - 09

     c) MOTION RECORD  #5 - February 01 - 2015                          10 - 18

     d) Open Letter to PMO  - February 01 - 2015                           19 - 22

     e)                 "                    - February 07 - 2015                         23 - 25