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VANCOUVER, B.C. SUPREME COURT

In a matter of fraud (civil)

Form 31 (Rules 7-8 (17), 8-3 (1), 8-4 (1), 17-1 (2) and 25-9 (2) )

[Style of Proceeding]

REQUISITION FOR CONSENT ORDER OR FOR ORDER WITHOUT NOTICE

[Rule 22-3 of the Supreme Court Civil Rules applies to all forms.]

                                                                                                Filed by:  Roger Callow   self-represented Plaintiff

[Check whichever one of the following boxes is correct and complete any required information.]

3

[  ]  conducted on 'ex parte' basis

 

x ]  The evidence in support of the application is  a legal question raised at different times by the Union (1985), the Employer (2014), and now myself (2017) as the many courts have failed to address this central issue in this unresolved labour issue dating back to 1985. No compensation has been paid which includes pension rights. Disclosure, a second major request raised by this Applicant relates to key evidence held by both the Employer and Union which no court to date was willing to order. That disclosure is vital to anticipated fraud charges. As such, this plaintiff maintains that he is still an employee of the Employer, albeit an unpaid one. At the very least, the court could be expected to return salary plus accrued interest until such time as this long drawn out case is settled.

This requisition is filed by Roger Callow, the plaintiff  in this proceeding, whose address for service is as follows:

1285 Cahill Drive East #2001

Ottawa, Ontario K1V 9A7

Date: 26/06/2017

 

 

 

 

 

DRAFT OF ORDER REQUIRED

1) The legal question raised here regarding jurisdiction was raised in the arbitration (quashed by the court in 1986 by Justice Mary Southin A860607 January 21,1987) by the Union as the sole presentation regarding the lay-off for economic reasons of senior West Vancouver Secondary teacher, Roger Callow, on June 30, 1985 under the neophyte BILL 35 (School Amendment Act) effective July 01-1985. The arbitrator ignored this central legal question.

2) The Employer raised essentially the  same question as the Union in Ontario Superior Court (13-59060 McKinnon j) April 23-2014 Decision but was ignored in that Decision.

3) The Plaintiff raises this central question on June 26-2017 as a means of breaking the log-jam leading to settlement of this long drawn out affair largely due to judicial concupiscence over this torturous 32 year affair. No compensation (includes pension) has been paid. Technically, the plaintiff is still an employee of the School Board #45 albeit an unpaid one.

4) While present at the eleven day arbitration, it is the firm belief of this plaintiff that the court was correct in ruling that no causal factor was shown regarding the lay-off of this plaintiff. Details of that alleged perfidy lie in the minute notes of the June 1985 Board meetings in which BILL 35 and the dismissal of senior teacher Roger Callow were discussed at length. No school trustee took the stand to attest to lay-off numbers which showed an actual increase rather than the decrease quoted by the arbitrator. He was ruled patently unreasonable. Madam Justice Mary Southin of B.C. Supreme Court called for the meeting notes of the Board in June of 1985 but later returned them 'because she did not use them'. Regrettably, the lawyer hired by this plaintiff to replace the Union lawyer of the arbitration, returned my copy of those notes to the Union which was paying his salary rather than to me, otherwise I would have laid an action for fraud many decades ago.

5) As background details of the above action are included in Nova Scotia  458698 (April 2017) which has been referred to the oversight bodies (no response), the entire 34 page action is included here as EXHIBIT A (8-4 (1) c). The addition here is a request for disclosure considering the goal of laying a future charge of fraud plus being placed back on salary until a solution is found. The interesting feature regarding the Employer's presentation in Nova Scotia is that they did not address the constitutional question raised nor make any reference to their earlier argument that only BILL 35 conditions were to apply to this case. They asked for the issue to be dropped for unstated reasons. The controversial court action in that regard has been forwarded to the oversight powers.

6) Considering the failure of the previous B.C. Attorney General and Premier to address this legal matter, a copy of this Application is included to the new B.C. Premier, John Horgan.

(signed) Roger Callow   June 26, 2017

 

cc B.C. Premier Rt. Hon. John Horgan

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Resource D: Affidavit

This is the first affidavit of  ROGER CALLOW in this case and was made on 26/06/2017

 

IN THE SUPREME COURT OF BRITISH COLUMBIA

Vancouver, B.C.

 

                                 Address: 800 Smithe St, Vancouver, BC V6Z 2E1

                                 Phone:(604) 660-2853

 

 

BETWEEN:  ROGER CALLOW

 

AND:  UNNAMED DEFENDANTS

 

AFFIDAVIT

I, ROGER CALLOW, retired

 

of  1285 Cahill Drive E. #2001, in the City of Ottawa

in the Province of Ontario, AFFIRM THAT :

I am the in this matter and as such have personal plaintiff

knowledge of the matters herein referred to.

 

SWORN (OR AFFIRMED) BEFORE ME )

at the City of , in the Province )

of British Columbia, on [date]

)

) [name]

)

A Commissioner for Taking Affidavits ) in the Province of British Columbia )

)

[print name or affix stamp of commissioner]

 

 

(signed) Roger Callow Plaintiff  June 26-2017

 

 

 

 

 

 

 

 

 

Backing Sheet

 

No: Vancouver Registry

BETWEEN:

ROGER CALLOW - plaintiff

 AND:

 

unnamed

 

IN THE SUPREME COURT OF BRITISH COLUMBIA

Vancouver, B.C.

 

                                 Address: 800 Smithe St, Vancouver, BC V6Z 2E1

                                 Phone:(604) 660-2853

 

 

Re: Judicial Review Procedure Act, Employment and Assistance Act and

Employment and Assistance for Persons with Disabilities Act  my underlining

 

June 26-2017

 

(signed) ___________________

 

 

 

 

 

 

 

 

 

 

 

 

INDEX

                                                                                                          Page(s)

A. Form 31                                                                                                               1 - 2

B. Index                                                                                                                    3

C. Draft of Order Required                                                                                4 - 5

D. Affidavit                                                                                                              6

E. Evidence Supporting application                                                                7 - 12

F. EXHIBIT 'A'  Nova Scotia #458698                                                              01 - 34 plus                                                                                                                                     'back page' (B.C.)