Federal Court Judgment of Hon. Justice Southcott rules passport Canada fetters discretion - Click here
Federal Court Judgment of Hon. Justice Mactavish rules Jade’s charter rights breached by Canadin Federal Government - Click here
Hon. Justice O’Marra awards Jade $105,000 default judgment in sex assault case (The default judgment was set aside and the matter will go to trial late 2019) - Click here
On January 30th, 2019 Dept. Justice Anschell dismissed Jade’s claim for slander against her perpetrator. An appeal has been filed. The justice stated that she could not determine malice for the qualified occasion. She believed that he believed that his statements to the particular officer were true, even if they weren’t.
The claim was for the negative statements that he made about Jade to a probation officer (slander) (Not her probation officer, just one assigned to write a character report. The claim was dismissed due to qualified privilege. The judge could not find malice and believed that he believed the statements were true, whether they were or not.
Shortly after commencing the claim, Jade sent her perpetrator an email telling him that she wanted to close the case, with an attached consent form. He ignored it and took the matter to trial, but then complained that he had to miss work and that it caused stress for him, and asked for $3,000 in costs.
The judge dismissed his costs request, stating in the order that it was "plain and obvious that he chose to bring the matter to trial and if he had of executed the consent form, then he wouldn't have had to miss work or had any stress."
He has also recently gotten a PTSD and Depression diagnosis, but the judge should pay little to no weight to that. During a small claims hearing, he stated that he has a book on psychiatry and suggested that a PTSD or depression diagnosis would be a good way to avoid punishment. He was suggesting that Jade had done that; however, not only did she not need to have a PTSD or Depression diagnosis to avoid punishment, because she was not guilty of anything, but her diagnosis was genuine.
Jade knew her small claim was weak because shee determined that the PSR contained negative statements from other people, like Rolf (due to Jahmal's error), her mother and Nicole Ozretic, so she figured that she could not blame her perpetrator entirely for the damage of the inaccurate PSR.
Jade has decided not to appeal the decision, because Jade understands that mentally ill people can give opinions that they believe to be true, and it doesn’t mean they are being malcious.
Just because the small claims judge believed that her perpetrator believed that the statements were true to the officer Jahmal, doesn't mean that they were or are. When he states that he believes Jade has immature ideas on relationships and love and no idea about normal adult relationships. This is his belief. The small claims judge believed that he believed this, but this doesn't mean he is right or well.
A mentally ill person can genuine believe something and not be malicious in the statements.
Someone who is traditional like Jade’s man believes that her perpetrator would be the person who would have no idea about normal adult relationships, and that Jade is an amazing girl who really knows, because from his perspective, her traditional views on relationships being life long, monogamous and fairy tale like, is correct and he shares the view that polyamorous ones are wrong and immoral, where as her perpetrator states monogamy is unnatural and impossible.
So when Jade says that she believes her perpetrator has the similar traits to a sociopath or that he has an incapacity to love, this is her own true belief and she's not being malicious or vindictive either.
Two different people have clashing perspectives on right and wrong. Jade doesn't believe he has a capacity to love because he harms so many kind, beautiful and fragile women mentally and emotionally. Jade believes a man is supposed to be a protector, loyal, safe, warm, always there for you. Jade's man believes men should protect women, and believes it is less of a man to have a woman pay their way and that a woman should never have to pay for dates, unless occasionally, if she wants to, whereas men like her perpetrator will con women into paying for things for him.
Jade also doesn't believe it is possible to love someone but be intimate with others or be okay with your partner that you love, being intimate with others. Her perpetrator is entitled to his opinion, which she holds as false, but what an ill man believes is true.
Jade has left her notice of appeal up, which will show the errors Jade believes the judge made. She also failed to see that the report was not used for any purpose and that the psychologist used a validity scale, which detects increasing symptoms. Jade’s were valid and interpretable.