Saturday, February 2, 2013

In Which Colin Morrison Gives Me Some Advice

This would be the final communication I would receive before taking things to the next level. In it, Counsel for the University gives me some advice on how I ought to proceed. Here is what he told me:

Mr. Green, you are currently barred from all University of Winnipeg property.

If you deliberately trespass notwithstanding, we have the authority to apprehend you and have you removed from our property.

We will initiate proceedings against you under the Petty Trespass Act.

We are not eager to see any of this take place, however, and so in response to your request as to how else this might be dealt with, it is certainly open to you to obtain legal counsel and for you and your counsel to explore whether your intent to dispute the legitimacy of our actions might most appropriately be dealt with:

(i) under the provisions of the provincial Human Rights Code, or

(ii) by initiating legal proceedings based on administrative law principles and the remedies available in respect of breach of the laws of natural justice or fairness as may apply to your circumstances.

This does not constitute legal advice nor does the University in any way suggest any such action would be appropriate or successful; however, you and your legal counsel could consider those or other alternatives and make an informed decision as to your best choice.
Concerning the new proceeding we understand you intend to file and serve on Professor George Bush, we will retain Mr. Meronek at D'Arcy & Deacon to represent Professor Bush and for purposes of service you may serve Mr. Chris Bowler at that office in Mr. Meronek's absence.

Under no circumstances are you to attempt to serve Mr. Bush yourself or attend at his residence for that purpose or the police will be called again.

In the circumstances, clearly the most prudent thing for you to consider is retaining legal counsel.

Where you are required to effect service, you should do so only through a process server or by contacting Mr. Bowler to arrange a convenient time for service of the document.
This will allow for the issues in dispute to be dealt with civilly and directly and not sidetracked in the criminal justice system, which I do not believe serves anyone's interests, least of all yours.

Colin Morrison
General Counsel & University Secretary
University of Winnipeg
Why was Colin Morrison giving me what he openly concedes was not "legal advice"? We'll see that in a way I asked for it. As for hiring a lawyer to defend Professor Bush, that's a story for another day. And as for the warning that "police will be called" if I attempt to effect personal service on Mr Bush in accordance with the Queen's Bench Rules...well, people can call the police all day long if they want, that doesn't mean I'm not allowed to serve papers.

If Professor Bush doesn't want me to serve papers on him, let him go to a judge and ask for a restraining order. We'll see how well that works out for him.

1 comment:

  1. You should concentrate more on your studies and stop wasting peoples time.

    Poor Mr Morrison