There is a Limit to Free Speech and to Stupidity?

Most people who post on various blogs believe they can say anything they want because of "Free Speech". Somehow people appear to understand that there are limits to free speech out in the real world, but it doesn't apply to the internet.

Of course they understand that Canada has Liable & Slander laws, but they somehow don't matter because Blogs are public forums for free expression. The fact that they are public forums means the Liable & Slander laws apply. You can say most anything you want in the privacy of your home, but once you are in public and expressing your views through a means that would or could be seen by thousands means you are now suddenly subject to Liable & Slander laws.

Take for example that a nobody claims someone is spreading hate - quite meaningless I would think. Let's say Commissioner Fantino claims someone is spreading hate - his position and knowledge of the law create quite a different problem.

Those who go around presenting themselves as knowledgeable on a topic in fact open themselves up to more of a problem.

Our posted Lawsuit [Link] Drupjohn's expert report of these fake document [Link]

First, how do we know Drupjohn claims to have real knowledge about these legal documents? He states, "I have filed dozens of these forms because of the companies that I have worked for, I know how it works." So not only does Drupjohn claim to have filed dozens of these forms, but he does it as part of his work - he is paid to file these forms. So let's listen to the wisdon from one so experienced in legal documents.

Why are the documents fake? Drupjohn states:

1) "The documents (which were gotten off the internet) have to be done in BLACK, not BLUE" Well, according to the Ontario Court Service web site you download their form and file them - they state, "The fillable format can be completed on-line and saved to your computer for future reference." [Link for Small Claims form] Feel free to download the form and try typing on it - what colour do you see? That's right folks it is Blue. Of course Drupjohn has so much experience in this matter that he can state that the fact the the form is in Blue is "insulting people's intelligence." It's too bad the Attorney General's department did not consult with Drupjohn on what colour to use.

2) "He states that the Small Claims Court in "Cayuga"...that's not valid. He needs to specify which branch. Civil? Family? Superior Court of Justice? What?" Well at least he is right about the fact that you must state which branch, but I guess the LARGE LETTERS on the top left of the our lawsuit document which read, "Superior Court of Justice" escaped his expert eye.

Of course if you download the Government form I have linked above you will see the same words in the Top Left of the document.

3) "There is no claim number. The document is not legal unless it has a 'seal' and a claim number." First, the seal and claim number goes on the copy that stays with the court. Most court clerks do not seal & number any additional copies - you are left with writing the number yourself on additional copies for your own records. Furthermore, I posted a .pdf file which clearly would not have any seal or number on it. The lawyer prints off the .pdf - emails file to client - and takes printed copy to the court.

4) "The address of service can not be the same as the representative. The representative would be the lawyer. The address of service is the plaintiff's address." The lawyer is your agent and all communication is between your lawyer and court/defendant. Therefore, all contact address is through your lawyer.

5) "The Ontario Provincial Police is not a valid defendant. It is not a 'company', or an 'individual'." Well according to Drupjohn the OPP cannot be sued. I guess he has never heard of a police departmet being sued. I guess the Toronto Police department should have hired Drupjohn because yesterday they lost a "small claim" lawsuit for $10,000. [Link]

6) "There is no representative listed for the OPP? Given who the OPP are I would think they have lawyers?" When filing a claim you do not need to know the representative - you find out who their lawyers are when they file their defense.

7) "You can NOT claim $10,000 damages (plus court costs) in small claims court. The most a person would get from court costs is $300. The maximum someone can claim in small claims court is $9999. Cool 4.5% interest? There was a financial agreement made? He's a bank now?" First the Ontario Attorney General's department has a small court web site which lists the interest rates to be used. [Link] Although small claims is limited to $10,000, this limit is for the damage which does not include court cost and interest. If Drupjohn was correct then you would not know what amount to file for since you do not know how long a case may take and therefore, could not calculate interest. According to Drupjohn you have to know the interest so your total doesn't go over $10,000.

9) "Under Type of Claim: Unlawful Arrest. Well spank me for knowing my law, but 'unlawful arrest' isn't something that is claimed in small claims court" If you review the news story above regarding OCAP it states it was filed in small claims and the reason for the claim, "arrested and subjected to some fairly routine degrading and humiliating treatment". Of course Drupjohn states that, "You have to prove there was monetary damages." He further states, "Suing for $10,000 against a police force because you were arrested for 'breach of the peace', is not a valid claim in Small Claims Court. No money changed hands, and there were no financial damages"

Clearly Drupjohn needs to read the news story about OCAP which was printed the same day Drupjohn attempted to educate the world on why my lawsuit is fake.

In end, Drupjohn, with all his legal experience, is telling people that he cannot be sued for posting outrageous statements on his site about me.

I think we can all see just how good his legal experience is.