Dr. Dawg

Patrick Ross

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Patrick Ross.jpg

Several weeks ago, a process server acting on behalf of Canadian Cynic’s Alberta solicitor paid a call to a University of Alberta fraternity house. He was attempting to deliver a whopping $85,000 default judgement that CC had won against Patrick Ross.

Although Ross has stoutly maintained that this is indeed his current place of residence, the process server was informed that Ross no longer lived there, but had at one time. Believing what he was told, he duly reported that Ross had moved on. That information was relayed to CC by his solicitor.

CC proceeded to enlist a number of people, myself among them, to confirm the whereabouts of Ross. Despite our lavish use of social media, it initially proved impossible to locate him. We suggested to readers that, if they had any hard information as to his whereabouts, they should contact CC’s Alberta lawyer.

Finally, however, acting upon information received over the Easter weekend from a fraternity official, CC has determined that the process server had been misinformed. Ross had indeed been a tenant there during the past University of Alberta school year, but is presently in the process of moving.

Ross has now contacted CC’s solicitor and agreed to accept service.

In the meantime, Ross has issued four documents as of this writing: three emailed to CC and one (rewritten twice upon my suggestion) to myself—a “Notice of Libel.”

Acting in good faith on the information that was available to me at the time, I accepted the process server’s report. As noted, however, for whatever reason, he had been misled. And thus I was misled as well.

I therefore withdraw, without reservation, and with all due apologies, any suggestion in previous posts that Ross had provided an address that was no longer current in an attempt to evade service.

I have taken down the posts in question.

But.

Here’s a little free legal information for Ross. The documents mentioned are not legal documents. They may have been written in more or less the correct form, if somewhat ineptly, but they have no more legal authority than this post, or a sonnet by William Shakespeare.

To become “legal,” a document must be registered in a court of competent jurisdiction, and/or sworn before an officer of the court. There are certain formalities associated with that, and fees to be paid. None of this has taken place: none of the documents in question bear a seal.

Moreover, an informally communicated “Notice of Libel” simply signals an intention to proceed with an action. It is not in itself a legal document.

Hence, despite Ross’ strident claims in his “Notice of Libel” to me, there never was any suggestion whatsoever on my part that he had committed either “fraud” or “perjury.” Even had the address he provided been flagrantly and deliberately false, neither could apply, any more than they would if I were to suggest here that I currently reside at the North Pole.

My suggestion to Ross is that he avail himself of a real, honest-to-goodness lawyer without delay. He will save himself much, but certainly not all, grief. That $85,000 judgement is still pending, the grounds for having it set aside are exceedingly narrow, and the universe will unfold as it should.

We shall all be watching, and over-indulging in popcorn. On, then, to the main event.

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This page contains a single entry by Dr. Dawg published on April 26, 2011 4:07 PM.

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