Court File No CV 11 430464 FACTUM by VU77U7

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									                                                                   Court File No. CV-11- 430464


                                          ONTARIO
                                  SUPERIOR COURT OF JUSTICE
BETWEEN:
       METROPOLITAN TORONTO CONDOMINIUM CORPORATION NO. 983
                                                                                       Applicant

                                             - and -


                                       JOHN SCOTT DUNCAN
                                                                                     Respondent


                                            FACTUM



                                                           JOHN SCOTT DUNCAN
                                                           3 Hickory Tree, Road, Unit 811
                                                           Toronto, Ontario
                                                           M9N 3W5

                                                           (416) 994-1700

                                                           Respondent




TO:        HORLICK, LEVITT DI LELLA LLP
           Barristers and Solicitors
           100 Sheppard Avenue East
           Suite 870
           Toronto, Ontario
           M2N 6N5

           Douglas H. Levitt (#43652J)
           Tel: (416) 512-7440 Ext. 225
           Fax: (416) 512-8710

           Lawyers for the Applicant
                                                                            Court File No. CV-11- 430464


                                           ONTARIO
                                   SUPERIOR COURT OF JUSTICE
BETWEEN:
                 METROPOLITAN TORONTO CONDOMINIUM CORPORATION NO. 983
                                                                                               Applicant

                                                 - and -

                                          JOHN SCOTT DUNCAN
                                                                                            Respondent


                                              FACTUM



Part I – Overview

1. The Respondent, John Scott Duncan, hereafter (the “Owner”) is the lawful owner of the domicile

   commonly known as 3 Hickory Tree Road, Unit 811, hereafter known as (the “Home”). The Owner

   stands SUI JURIS in this matter, and therefore all parties speaking to this matter are speaking to the

   PUBLIC RECORD. The Owner is not, and has never been, in arrears or debt to the Applicant

   (“MTCC983”). The Owner has no lawful contract with the Applicant and has not, since February 12,

   2009. The Owner holds no outstanding debts with, nor has the Owner ever been arrears to, the

   Applicant. The Owner declares the Applicant has no standing. The Owner does not consent to

   Solicitors of the Law Society of Upper Canada, or any other third-party who has no direct knowledge

   of the facts in question, speaking to this matter. The Owner does not consent to TRUSTEES

   overstepping their mandate and violating the Owner’s rights. The Owner is the recipient of arbitrary

   “punishment” from a TRUSTEE, and thus fears for his safety and has lost the sanctuary of his home

   for which he laboured in good faith.

2. The Applicant has demonstrably violated its TRUST in two demonstrable incidences and the Owner

   has an unalienable RIGHT not to contract. The Owner does not consent to responding to

   non-existent contracts under the threat of violence from the Government. The Owner is not a

   PUBLIC SERVANT and is not answerable to the Acts and Statutes in question.
Part II – Facts

THE PARTIES

3. John Scott Duncan (“the Owner”) purchased 3 Hickory Tree Road, Unit 811 in 2001, at which time

   two key fobs were acquired for accessing common areas including the Owner’s parking space, and

   to gain physical access to the Owner’s home. One key fob was assigned to John Scott Duncan, the

   second to Tara Jean Gillen. The “Unit” spoken of in this matter is the home and sanctuary of John

   Scott Duncan, a RIGHT which the Owner has lawfully and properly CLAIMED.

4. The Applicant functions as a TRUSTEE for the community of homes that are located at #1 Hickory

   Tree Road and #3 Hickory Tree Road, and at no time in their duties as TRUSTEES has the Owner

   ever “refused” them entry. Despite the dissolution of any contract with MTCC983, and in the

   interest of community safety, John Scott Duncan has not, and nor does he intend to, obstruct

   TRUSTEES from their duties when said duties affect the community at large.

THE DECLARATION

5. On or about February 12, 2009, the Owner severed all contracts and the Applicant was served

   NOTICE on the PUBLIC RECORD that they were acting unlawfully, specifically regarding having

   insufficient community representation and the unlawful expenditure of community funds. The

   Owner created the public domain, (“MTCC983.CA”) for this purpose and the NOTICE remains in

   effect to this day, including a fee schedule which the Court may deem active.




Part III – Law & Argument

6. Whereas John Scott Duncan is the lawful owner of the Home; and

7. Whereas John Scott Duncan is not, and does not consent to be, a PUBLIC SERVANT; and

8. Whereas John Scott Duncan is not, and does not consent to be, a TRUSTEE except when

   ORDERED directly by Her Majesty Queen Elizabeth II of the House of Windsor; and

9. Whereas Section 39 of the Criminal Code of Canada states,
       Defence with claim of right

       Section 39. (1) Every one who is in peaceable possession of personal property under a claim of

       right, and every one acting under his authority, is protected from criminal responsibility for

       defending that possession, even against a person entitled by law to possession of it, if he uses

       no more force than is necessary. […]

       Criminal Code - R.S.C., 1985, c. C-46 (Section 39)




10. John Scott Duncan is not governed by the Rules, Acts, Statutes, Declarations and statements cited

   in the Applicant’s request.

11. John Scott Duncan does not consent to ORDERS, INSTRUCTIONS or requests, and conditionally

   accepts ORDERS, referring to, or based on, the Rules, Acts, Statutes, Declarations and statements

   cited, on receipt of five hundred thousand Canadian dollars from any issuing party, to acquire a new

   home as all parties clearly do not acknowledge John Scott Duncan’s status or the status of John

   Scott Duncan’s home.

12. Acceptable remedy has been provided by the Applicant as spelled out in the Claim contained in the

   Notice of Action, Court File No. CV-11-426968, “Exhibit M”, in the Applicant’s Record.




   Dated: September 14, 2011




                                       ALL OF WHICH IS RESPECTFULLY SUBMITTED




                                      __________________________________________
                                                        John Scott Duncan
         Respondent




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