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Update: Sept. 8th, 2010

Viewpoint: Ron Hicks

Methods used by Blaney McMurtry's lawyers to have Margaret Hicks' case dismissed in Civil Court
Crimes of Arrogance: Lawyers lacking professionalism by denying access to justice based on the truth.

Arrogance makes frequent appearances in the Margaret Hicks struggles with BMO Insurance's (AIG Life of Canada) lawyers who demonstrate a lack  for integrity, transparency and accountability in this case. They act like captains of a ship who, 'when they end up on the deck, they usually possess an exaggerated sense of entitlement.'  Their actions are not representative of the democratic principals of the "Rule of Law."

Blaney McMurtry is a legal firm who have ties to Roy McMurtry a former Chief Justice of Ontario and Bill McMurtry who was a tireless crusader for social justice.  Its' hard not to have respect for both Roy and Bill for what they have accomplished for the justice systems in Canada and particularly the province of Ontario. However, in this case it is in my opinion "quite the opposite" for members of Blaney McMurtry.  

For arrogance, it's hard to match the main lawyer who is responsible for defending BMO Insurance (AIG Life of Canada) based on her actions.  In any democracy you must focus on the main issues - THE RULE OF LAW.  Civil courts in Ontario cannot address items of concern that are covered by the Criminal Code of Canada.

Based on the ‘real evidence’ we find it hard to believe, that anyone would think Margaret Hicks filed a statement-of-claim for $3,000.000.00 because her skin condition caused her to “itch” and that effected her ability to perform her duties.  That is clearly the intent of their motion of record and affidavits that has forced us to abandon the case and seek justice in the criminal courts first.

Quote from the affidavit of Elizabeth J. Forster which is clearly not why Margaret filed her statement-of-claim.

(3)   This claim arises from allegation that the Defendant constructively dismissed the Plaintiff, Margaret Hicks, from her employment with the Defendant.  Ms Hicks alleges that in 2001 she began exhibiting symptoms related to a medical condition that interfered with her ability to perform certain duties of her employment.  Ms. Hicks alleges that upon learning of her medical condition the Defendant engaged in improper conduct that caused her emotional distress and physical harm.  Ms Hicks further alleges that the Defendant's bad faith conduct aggravated her medical condition and prevented her from being able to continue with her employment.  Ms Hicks claims that she is entitled to damages for intentional or negligence infliction of emotional distress and anxiety as well as breach of her employment contract and wrongful hiring.

For whatever else is in dispute, Margaret's skin condition was never part of her claim or had any bearing on her ability to perform her duties.  The evidence clearly indicates that. It is my opinion that she thinks she occupies and elevated place in the justice system.  The above quote of (3) is criminal in nature.  Margaret Hicks is a women who's husband (myself) does all the legal work.  I do not have  legal training background and we do not have a lawyer.  With that in mind we felt we would have very little chance to convince a judge that she (Blaney McMurtry's lawyer) was lying under oath, which is a very serious criminal offence.  Who would believe us.  And if we did lose there is no way we could comply with the order.  And by not challenging the motion in civil court Margaret Hicks avoided the scenario of a Judge protecting a Judge.  This way when we get to criminal court a judge will not be inclined to favour the motion record findings based on a Civil Court official ruling.  Now at least it will be a clean slate in the criminal courts to judge it as "Perjury and Fabrication of Evidence."

After consultation with her current physiciatrist shortly after her Oral Discovery process Margaret was advised to rely on the privacy laws of Canada to answer only questions that were subject to her statement of claim.  “She stated insurance companies are notorious for trying to mislead people about their customer’s claims by misinterpreting doctor’s notes.”  We are also concerned that the misinterpretations could affect her current claims for disability benefits because of the ruthless tactics used by  BMO Insurance’s (AIG Life of Canada) that caused her to wait 8 months for the disability benefits that she was entitled to. If we answered the questions that were not related to the statement of claim and the intent of the Rules of Civil Procedure that are clearly defined then those answers could have been misrepresented and effect her current claim.

Margaret Hicks was misled by her to offer to take certain undertakings to answer questions that were not related to her case. It is Margaret's position that she complied with all the rules of Civil Procedure and the Oral Discovery process and supplied all answers to questions that were based on the rules and their intent for the truth about this case.  

In addition, AIG Life of Canada (BMO Insurance) were self-insured when Margaret Hicks got her short and long term disability benefits for the major depression that was caused by their actions.  Surely, their legal firm, are well aware that people do not and cannot get disability benefits for “Lichen Planus.”

In addition, Margaret Hicks did not resign her position until 5 months had past from the time she last worked to the time she received threatening letters from AIG.  She put her resignation in because her mental health was declining rapidly at that time.  Mainly because of the stalling tactics used to deny her, her disability benefits and was done so at the recommendation of her doctors.

Their  motion record (returnable June 1, 2010) is further evidence of our allegations of abuse of process in unnecessary delay and procedural unfairness by them failing to consider all of our submissions to them concerning this motion record. This motion will close the case in Civil Courts for now and open the door to lay criminal charges against members of Blaney McMurtry and employees of BMO Insurance for perjury, conspiracy to commit fraud, obstruction of justice and fabricating evidence.

 

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Important note about this website:
The opinions expressed in this website are those of Ron Hicks (webmaster.) 

They are based on my personal experiences and contacts I have made with those who have supplied me with the information.

In the Toronto Sun article Dec. 23 2009 Top Court Favours freedom of Press (click here)  the following should be noted by all.  "Any journalist or blogger who is sued for defamation will now only have to show that their news is of interest to the public and that he or she acted in a responsible way in gathering the information."  

What is an affidavit?

According to the Oxford dictionary, an affidavit is a written statement confirmed by oath usually by an authorized official, like a lawyer or some kind of legal officer, for use as evidence in court.

The person who has signed an affidavit is swearing under oath that the information, to the best of their knowledge, is true.

The affidavits of Warren Kinsella and John Mraz were sworn in Toronto before a "commissioner for taking affidavits."

Under the Criminal Code, those who knowingly make a false statement in an affidavit are guilty of perjury
Read more: click here

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