Fraud Contradictory Evidence on Alleged Consent Rule 18a Summary Trial - B.C. Supreme Court
Justice Blair said:
[18] Mrs. Dianna Lynn Postnikoff deposed in her affidavit filed February 2, 1998, that she attended with her husband at Dr. White's office on September 20, 1994, and discussed birth control options including vasectomy and tubal ligation. She understood from that conversation that a vasectomy was a "simple procedure that carried no risk". Dr. White deposed that on September 20, 1994, he saw Mr. Postnikoff with regard to another medical matter and his notes make no reference of a discussion about a vasectomy on that date. His records reflect the initial conversation with Mr. Postnikoff regarding the vasectomy occurred on September 30, 1994. Blair, J. BLAIR J.
B.C. Court of Appeal Madam Justice Ryan said:
[11] In this case Dr. White had no recollection of discussing the operation with Mr. Postnikoff on September 20. "Madam Justice Ryan"
Expert Evidence Question # 2
| Question 2: |
2) Within his affidavit did Dr. Philip Anthony White claim not to remember Mrs. Dianna Lynn Postnikoff's attendance at his office on September 20, 1994? |
| Expert Answer 2: |
| 2) No, there is no reference in Dr. White's affidavit claiming an inability to recall the attendance of Dianna Lynn Postnikoff at his office on September 20, 1994; ... John David McGreevy, Barrister & Solicitor. |
The Truth:
Absolutely no "Memory Shortage" was claimed by Dr. White regarding the Plaintiff and his wife's attendance at Dr. White's office on September 20, 1994. Nothing disputed any of the Plaintiff's evidence within this Court Ordered Closed Court - B.C. Supreme Court or this attendance and the discussions at Dr. White's office, there was no contradictory evidence
.. only B.C. Supreme Court Justice Blair's allegations disputed this attendance as never happening. Dr. White got paid for the September 20, 1994 attendance that Justice Blair claimed to not have happened. Fraud is claimed on an alleged consent and alleged evidence that failed to appear.
"This allegation regarding Dr. White's shortage of memory claim is purely fabricated by the B.C. Appeal Court Madam Justice Ryan. Both Drs. White and Morrow did not produce any evidence that consent was given within this Court Ordered Closed Court. Fraud has been claimed on an alleged consent and alleged evidence that failed to appear. Without supporting data B.C. Supreme Court Justice Blair's claims are subject to fraud, unethical conduct and influence."
Justice Blair said:
[11] I conclude that a decision in these Rule 18A applications ought not be precluded solely because Mr. Postnikoff is unrepresented. I am further satisfied that from the material filed in these applications I can find the facts and make conclusions on contradictory evidence as are necessary to reach judgment and that to do so would not be unjust: ... Blair, J. BLAIR J.
WARNING!
The Honourable Coulter A. Osborne; Associate Chief Justice of Ontario said:
Mr. Justice Blair did explain to you at the hearing that a summary trial was conducted on the basis of affidavit evidence. Your allegation that the judge did not permit the examination of witnesses cannot be sustained since this was a summary trial and not a trial. Honourable Coulter A. Osborne
A Court Ordered Closed Court was used by Judge Blair to destroy legitimate evidence.
A trial was requested by the Plaintiff. (From real court documents.)
40. It is respectfully submitted that the Notice of Motion be set aside on the grounds that the Honourable Court should be allowed to examine all the material facts and all the evidence that is to be presented at the trial and the examination of all the witnesses; and that a proper examination of the evidence and the facts may not be possible during this notice of Motion. Important details that I wish to present to the Honourable Court to assist the Honourable Court in making its final ruling.
I respectfully request that the Notice of Motion be set aside so that the defendants Dr. Philip Anthony White and Dr. Donald Ray Morrow; The Kelowna and District Hospital Society provide its nurses, emergency room physician and all persons having first hand, direct or personal knowledge of the facts so they are available to me by the defendants for cross examination at trial.
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