Sunday, January 28, 2018

Litigation in Slices

The structure of oppression in a strata corporation is similar to domestic abuse, as are the deference issues.

 


"Litigation in slices" is a term that is usually applied to criticize a party who deliberately splits up a cause of action to make the court process more lengthy and expensive. 

In this strata, it is actually the practice of overloading a victim with serial infractions that would require a series of proceedings to enforce the SPA within limitation dates, section by section, trial after trial, slice by slice, year after exhausting year, the equivalent of death from a thousand cuts.

Stratas commonly engage in a series of multiple, successive related violations of the SPA in full knowledge that they cannot be resolved by self-represented litigants because courts experience it as vexatious and relieve themselves of the burden by deferrig to stratas and dismissing successive proceedings as an abuse of process. 


Strata lawyers love it and do everything they can to induce it because of the legal fees that those who can afford to will pay, sometimes until it bankrupts them.    


STEP BY STEP ACTIONS REQUIRED TO "LITIGATE IN SLICES"
(* means a step I have acted upon, ** means involuntary, perverse payment through strata fees)
  1. Add strata disputes to divesting actions by Treasury Board of Canada; fight for justice for decades*
  2. Seek medical remedies for personal injury and trauma*
  3. Obtain disability insurance benefits and workers compensation*
  4. Complain to strata agent about loss of privacy, security, and peaceful use and enjoyment*
  5. Request reinstatement of trees and equal protection under the law*
  6. Rely on the strata corporation to obey the law and exercise statutory powers and obligation to maintain common property and enforce strata bylaws*
  7. Read and understand restrictive covenants, bylaws, and statutory protections*
  8. Obtain advice from legal and medical professionals*
  9. Practice stress management*
  10. Try to earn a living despite headaches, exhaustion, and functional losses attributable to prolonged, repeated trauma *
  11. Engage in fund raising to bring matters before court, obtain judgment, follow through with enforcement, and cover costs
  12. Observe conflicts in the strata agency industry and owners taking more than their share; gather evidence and report *
  13. List and store documentation, try to identify what is material and submit it as evidence*
  14. Study law*
  15. Act to mitigate damage from prolonged loss of privacy by providing trellis planters, under continual protest that council perversely characterizes as nuisance, harassment, and threats of violence with automatic weapons *
  16. Write increasingly assertive letters, broadcasts, and prayers for relief, in ongoing attempt to defend against continually escalating oppression and injury that grows with each violation, payment of strata fees and property taxes, and new day of nuisance and loss that mounts exponentially as land values outpaces building value by 2 to 1, 3 to 1, 5 to 1, and beyond.*
  17. Obtain psychological counseling*
  18. Obtain marriage counseling*
  19. Hire casual worker from Craigslist to help with documentation*
  20. Pay strata fees for litigation insurance against legal fees and after the event liability and costs**
  21. Struggle to overcome barriers preventing access to justice; remind members of strata management team of continual nuisance and ongoing request for remedy; try not to become sickened to death*
  22. Ask neighbours to take corrective action to remedy unauthorized changes in the use and appearance of common property as shown on the strata plan in contravention of the SPA, restrictive covenants, limited common property designations, and proportionate unit entitlements*
  23. File Certificates of Pending Litigation against Unit 510 and Unit 407
  24. Use RRSPs to hire lawyers and pay for medical-legal reports instead of retirement and end of life care
  25. Apply for injunctions requiring strata corporation to enforce bylaws*
  26. Claim damages against multiple parties, including strata, agents, and officials for causing foreseeable easily avoidable damage*
  27. Waive confidentiality*
  28. Take court action every two years to avoid limitation bars to compensation for evolving damages and costs arising out of persistent and vexatious nuisance, continual loss, and negligent or intentional breach of bylaws, governing legislation, restrictive covenants, and proportionate unit entitlements
  29. Trash toxic junk in attempts to salvage what's left of my health and enjoy the remaining days of my life*
  30. Last resort, sell Unit 409 to escape oppression or cover cost awards if court defers to council above the law 

REPEAT the exhausting steps to litigate each SPA violation, piece of piece, endlessly.
WHAT'S NOT REASONABLE OR APPROPRIATE ABOUT THAT?



If by some miracle I became smart, rich, healthy, and obsessed enough I would keep up the effort required for litigation, fund raising, evidence management, proceedings and trials, as each damaging cause of action in New Westminster Action S165066 came into existence, as well as each one beyond, year after year…while stratas are repeatedly allowed to get away with unlawful acts without effective penalty for loss of peace, order, and good government, or compensation for continually increasing harm to innocent victims.

In reality, there is no such miracle, leaving corruption to flourish accordingly.

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