Thursday, June 26, 2014

Pendrell Place: Part 3- Transcript of hearing to dismiss Monk's claim S032263

37     MR. MONK:  Well, Your Honour, first I will tell you

        38          about some of the obstacles I ran into, but I

        39          think I need to bring you up to where we are

        40          today.  Part of the reasons that I have not been

        41          able to push my case forward is because I've hired

        42          incompetent lawyers.  I've hired lawyers who try

        43          to bill me $60,000 for doing nothing, took me to

        44          taxation.  Representing myself my defence was I

        45          wanted him to move my case forward.  He did not.

        46          He charged me thousands of dollars to do nothing.

        47               It went up to the court of appeal.  I






               Submissions on own behalf by Mr. Monk








         1          represented myself.  The master found in our

         2          favour.  This lawyer wasted my time.  Just dealing

         3          with that lawyer and the taxation -- two years of

         4          my life.

         5               I had another lawyer who --

         6     MS. PICOTTE-LI:  Objection.  That's incorrect.  That's

         7          incorrect on the law and on the facts.

         8     MR. MONK:  It is on the record.

         9     MS. PICOTTE-LI:  That was not the finding of the court.

        10          I have the decision right here that I can pass up.

        11          I have a copy for you as well, Mr. Monk.

        12     MR. MONK:  Sure.

        13     THE COURT:  Was this decision ever appealed?

        14     MS. PICOTTE-LI:  I was not counsel at the time, but I

        15          believe that was the final order of the court.

        16     THE COURT:  All right.  Is this the decision you're

        17          referring to, Mr. Monk?

        18     MR. MONK:  I'm not sure, sir.  I haven't seen it in a

        19          few years.

        20     THE COURT:  And what this is is it's a case between

        21          Mr. Winstanley and it appears Mr. Oldaker and

        22          yourself with respect to fees.

        23     MR. MONK:  Is this out of the court of appeal,

        24          Your Honour?

        25     THE COURT:  This is out of the master, Master Taylor.

        26     MS. PICOTTE-LI:  Perhaps I can advise the court we

        27          conducted a Quicklaw search and noted up the

        28          cases.  This was the only decision that was

        29          available.  If there was another decision, it was

        30          unreported.  To my knowledge this is all that's

        31          available.

        32     MR. MONK:  Is this the decision from the court of

        33          appeal?

        34     MS. PICOTTE-LI:  No, it is not; it's the decision of

        35          Master Taylor.

        36     MR. MONK:  Okay.  Well, we won in the court of appeal,

        37          Your Honour, so this decision has been

        38          overwritten.

        39     THE COURT:  And when was it overruled?

        40     MR. MONK:  It was overruled -- I'm not quite sure.

        41          Shortly after.  I don't have the dates on me, but

        42          this was brought to appeal and we won.

        43     THE COURT:  So did you -- were you conducting the

        44          appeal on your own behalf?

        45     MR. MONK:  On myself and another one of Winstanley's

        46          clients.

        47     THE COURT:  So this -- you were self-represented?






               Submissions on own behalf by Mr. Monk