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 Connie FournierMember
Joined: 06 Jan 2001 Total posts: 22169 Location: Kingston, Ontario Age: 44 Gender: Female
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 Posted: 06/ 11/ 08 3:56 pm Post subject: Muriel Korngold-Wexler - Our mediator is Warman's co-worker! |
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Our mediator is Richard Warman's co-worker??
As many of your know, the first lawsuit that was brought against us by Richard Warman was filed under the "Simplified Procedure" rules. This meant that we did not have the advantage of discovery, but that the case had very specific deadlines that had to be met.
One of the first deadlines was the date for our mandatory mediation. Our lawyer, Barbara Kulaszka, recieved a document called a "Notice of Assignment of Roster Mediator" which said:
| Quote: | Please note:
The mediation session must take place on or before
05-MARCH-2008 unless the court orders otherwise. |
Mediation must take place before a case can be set down for trial. This becomes important later.
The other deadline in a Simplifed Procedure case is 150 days from the filing of the Statement of Defence or the Statement of Intent to Defend. If the matter has not be set down for a trial by the time the 150 period has passed, the Registrar sends out a 45 day dismissal notice, after which the case is automatically dismissed for abandonment.
At this point we have not had mediation, and the 150 day deadline passed on May 4th.
However, the Registrar did not send out the 45 day notice the day after the 150 day deadline as is their usual practice because they had a computer glitch. Last week the notice went out, so we are now about 6 days into the official notification period.
Enter: Muriel Korngold-Wexler
Muriel Korngold-Wexler is the appointed mediator in our case. She first contacted our lawyer over a month after the required mediation date and demanded that we agree to a mediation date.
Barbara told her that she needed the court to order an extension in order to set the date. Korngold-Wexler said that Richard Warman "was going make a motion for an extension", and that if we didn't agree to set the date she would set one for us.
After Mark and I visited Ottawa to confirm that there was no Order for an extension, Barbara phoned and left a voice mail message with Korngold-Wexler telling her that we would not set a date until there was such an Order.
Yesterday, Korngold-Wexler sent the following email:
| Quote: | Dear Ms. Kulaszka,
I acknowledge your telephone message indicating that you object to this mediation on the ground that it should have been scheduled on or before March 5. However, you will notice that the Court assigned this mediation to me in mid-April 2008.
I have scheduled the mediation session for the afternoon of Friday, July 11. This will enable the parties plenty of time to get organized and prepare the mediation briefs.
You will find the particulars of this mediation in the attached notice of mediation.
I look forward to working with you and try to resolve this dispute.
Sincerely yours,
Muriel Korngold Wexler |
Note that Korngold-Wexler was mysteriously assigned to the case AFTER the mediation due date, and she didn't even attempt to contact Barbara until a few days before the 150 day deadline.
It seemed curious to me that an unbiased mediator would be so determined to set a mediation date when it was clear that she needed a Court Order to do so. I was so curious that I decided to google her, and this is what I found:
A very interesting coincidence since we know someone else who works in the very same DND department. Hint: Richard Warman.
There are lots of other interesting things to be found in a google search of Muriel Korngold-Wexler, but I'll leave that for you to discover.
Meanwhile, it looks like we are about to be railroaded into continuing to pay for a case that, if it had been handled according to the rules, would have been dismissed in 8 more days. Barbara has been our lawyer since the beginning of March and she has yet to hear one word from Warman, who is representing himself. If ever there was a case for dismissal for abandonment, this should be it.
But, I guess the rules don't apply to Richard Warman.
_________________
"...single men must have access to donor eggs and “gestational carriers.” - David Johnston, Governor General Appointee
(The man Stephen Harper calls "the best of Canada") |
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| Mark Fournier Member
Joined: 06 Jan 2001 Total posts: 15602 Location: Kingston, ON Gender: Male
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| Posted: 06/ 11/ 08 4:01 pm Post subject: |
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If Muriel Korngold-Wexler is the director, this makes her the military's counterpart of John Chamberlain of the CHRC. Imagine if Warman were still working at the CHRC and we had John Chamberlain as our mediator, but as with Muriel Korngold-Wexler, we were not informed of this huge conflict of interest.
Why is the DND getting involved in a purely civil case between private Canadian citizens?
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"If it takes force to impose your ideas on your fellow man, there is something wrong with your ideas. If you are willing to use force to impose your ideas on your fellow man, there is something wrong with you." - Entropy Squared |
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backhoe
Joined: 20 Jan 2001 Total posts: 16098 Location: Angel of the 7th Station Gender: Male
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| Posted: 06/ 11/ 08 4:07 pm Post subject: |
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Connie, you're being railroaded. This is an abomination.
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Just an Old Keyboard Cowboy, ridin' the trakball into the Twilight... |
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Peter O'Donnell
Joined: 10 Mar 2005 Total posts: 9072 Location: BC Age: 61 Gender: Male
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| Posted: 06/ 11/ 08 4:13 pm Post subject: |
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| Who appoints the mediator? Did they ask your lawyer for any suggestions? Seems like you already have grounds for an appeal with this deadline being ignored. |
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DrWright
Joined: 18 Nov 2004 Total posts: 2495 Gender: Male
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| Posted: 06/ 11/ 08 4:14 pm Post subject: |
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_________________
re thought police, witch hunts & the Charter.
http://marginalizedactiondinosaur.net/?p=855
2. Everyone has the following fundamental freedoms:
a) freedom of conscience and religion; b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; c) freedom of peaceful assembly; and d) freedom of association.
Are you in violation CHRC commies? |
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| Mark Fournier Member
Joined: 06 Jan 2001 Total posts: 15602 Location: Kingston, ON Gender: Male
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| Posted: 06/ 11/ 08 4:16 pm Post subject: |
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We also had no say whatsoever in who the mediator would be, we were simply informed this is who the mediator is. She has been putting tremendous pressure on our lawyer to proceed without a mandatory court order as if that court order actually existed.
Why is a director of grievences within the DND involved with a civilian case? There is no way this can be a coincidence, the woman is probably Richard Warman's boss. We know for certain that the DND is aware of the problem they have with Warman in their midst so this is not just some rogue individual working for them any more than Richard Warman was a rogue in the CHRC. Both are part of the system.
_________________
"If it takes force to impose your ideas on your fellow man, there is something wrong with your ideas. If you are willing to use force to impose your ideas on your fellow man, there is something wrong with you." - Entropy Squared |
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styky
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| Posted: 06/ 11/ 08 4:23 pm Post subject: |
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Would someone please remind me what country exactly I am living in.  
_________________
FREE DOMINION FORUM RULES
All the great things are simple, and many can be expressed in a single word: freedom; justice; honor; duty; mercy; hope ~ Sir Winston Churchill
"The problem with socialism is that eventually you run out of other people''''s money." Margaret Thatcher |
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styky
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| Posted: 06/ 11/ 08 4:36 pm Post subject: |
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A quick look at the Government electronic Services Directory and her name pops up
| Quote: | Position within Government of Canada organizational hierarchy
Government of Canada
Canadian Forces Grievance Board
Grievance Analysis and Operations Directorate |
Something is really wrong with this picture. Who does she work for the Canadian people or the courts and who ever appointed her must have taken into consideration any perceived conflict of interest. In my view they failed miserably and an explanation is required.
_________________
FREE DOMINION FORUM RULES
All the great things are simple, and many can be expressed in a single word: freedom; justice; honor; duty; mercy; hope ~ Sir Winston Churchill
"The problem with socialism is that eventually you run out of other people''''s money." Margaret Thatcher |
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backhoe
Joined: 20 Jan 2001 Total posts: 16098 Location: Angel of the 7th Station Gender: Male
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| Posted: 06/ 11/ 08 4:36 pm Post subject: |
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| styky wrote: | | Would someone please remind me what country exactly I am living in. |
I'm starting to think that East Germany has been resurrected and dropped on Canada.
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Just an Old Keyboard Cowboy, ridin' the trakball into the Twilight... |
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| Red Joined: 06 Aug 2007 Total posts: 850 Location: In the clouds Gender: Female
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| Posted: 06/ 11/ 08 4:43 pm Post subject: |
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Connie my husband is a retired senior officer and he recommends your lawyer contact the Minister of National Defense asap, she's not only in conflict of interest but the Military has strick rules of conduct for it's employees. This woman is not qualified to mediate a sand box fight, I guess Warman has more power than we gave the little shit head credit for.
This smell to the high heavens, DND better hope it's not picking sides and protecting Warman. If they think we're outraged about HRCs they aint seen nothing yet. I'm absolutely gob smacked, Connie can your lawyer petition the court to have her removed for "Confict on of Interest"?
I'd also make sure that the judge who gets assigned this case is not biased, or I'd ask for a change of venue it's appears Warman has friends in high places that are hell bent on protecting him.
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Section 13 reminds me of this poem: I am judge I am jury says cunning fury. Ill try the whole case and condemn you to death |
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Paycheck
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Paycheck
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| Posted: 06/ 11/ 08 4:45 pm Post subject: |
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Connie,
A couple of things...
1) Refuse to deal with the mediator given the obvious conflict of interest.
2) You need to find out exactly how this mediator was appointed by the court to see if there was any impropriety involved.
_________________
Socon Or Bust: http://www.socon.ca/or_bust/
This triangle of truisms, of father, mother and child, cannot be destroyed; it can only destroy those civilizations which disregard it. - G. K. Chesterton (The Superstition of Divorce) |
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J.B. Stone
Joined: 11 Apr 2003 Total posts: 42064 Location: Northwest Montana Age: 61 Gender: Male
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| Posted: 06/ 11/ 08 5:30 pm Post subject: |
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They are OBVIOUSLY banking on the preposition that you and your lawyer are too DUMB to see through their charade.
There's TOO MANY "coincidences" surrounding this set of dilemmas....!!!
I'd find out HOW MANY times this woman has sat presiding over such an affair and precisely HOW she was chosen for this one. This AIN'T no "accident".
Who oversees the "docket" in this "court"....???
SOMEBODY has to have that responsibility.
You needn't answer these questions HERE, just making some observations which may benefit you in the long run.
No WONDER the CHRC can prevail in 100% of these cases, since they get to hand pick the judge AND the jury.
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JackIsBack
Joined: 25 Jul 2004 Total posts: 1390 Location: Calgary Gender: Unknown
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| Posted: 06/ 11/ 08 5:38 pm Post subject: |
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Obviously she doesn't understand that she has to recuse herself in this case. Giving her the benefit of the doubt here, maybe she didn't realize that she knew Warman, but now that she does, she MUST, or else face legal issues of her own.
Also: Égale Canada is linked to Warman and it seems her also - not sure how deep that connection goes.
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Shere Khan
Joined: 11 Jun 2008 Total posts: 105 Location: Winnipeg Gender: Unknown
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| Posted: 06/ 11/ 08 5:54 pm Post subject: |
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Ok, this has gone beyond surreal. The HRC beaurocratic apparatchik has infected the court system now?
God help us all.... |
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