Parchment v. HMQ BC Date:, 2014 BCPC 377

Citation: Parchment v. HMQ BC Date: 20140825 2014 BCPC 0377 File No: 12-40902 Registry: Prince George IN THE PROVINCIAL COURT OF BRITISH COLUMBIA BETWEEN: ONEIL PARCHMENT CLAIMANT AND: HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF BRITISH COLUMBIA DEFENDANT REASONS FOR JUDGMENT OF THE HONOURABLE JUDGE E. L. BAYLIFF Appearing in person: O. Parchment Counsel for the Defendant: K. Comley & P. Ameerali Place of Hearing: Prince George , B.C. Dates of Hearing: July 28 and August 5, 2014

Date of Judgment: August 25, 2014 [ 1 ] Oneil Parchment applies, pursuant to Rule 17(2) of the Small Claims Rules, to cancel an order dismissing his claim against the Corrections branch of the Province of British Columbia (“the Province”). [ 2 ] I heard Mr. Parchment’s application on July 28 th , 2014, continuing on August 5 th , 2014. I reserved judgment. [ 3 ] I have decided that I must dismiss Mr. Parchment’s application.

The dismissal order, made by Judge Brecknell back on April 12 th , 2013, stands. [ 4 ] I will explain why I have reached this conclusion beginning with a review of the applicable law. [ 5 ] In Brar v. Trevren Enterprises Ltd., 2008 BCPC 18 , Judge Auxier set out three factors which the court must consider when deciding whether to set aside a dismissal order. First, the court must be satisfied that the Claimant’s failure to appear at the Settlement Conference was not willful. Secondly, the court must be satisfied that the Claimant acted promptly to set aside the dismissal order.

Thirdly, the Claimant must satisfy the court that he has a claim worthy of investigation. [ 6 ] I have decided this case on the third point. In my view, Mr. Parchment has failed to establish that he has a claim worthy of investigation. Regarding the first and second points, I express no firm opinion, but I do acknowledge that, as Mr.

Parchment has been a prisoner in jail for most of the relevant time period which is October, 2010 to present, it was certainly more difficult for him than for the average Small Claims litigant to receive and send mail, to make telephone calls, to make arrangements to appear in Small Claims court when required, or to otherwise take the necessary steps to advance his case in a timely and competent manner. [ 7 ] Focusing then on the third consideration - a claim worthy of investigation - I have carefully reviewed Mr. Parchment’s evidence and submissions given on July 28 th and August 5 th .

I have also reviewed certain additional documents faxed by Mr. Parchment to the Court Registry on August 11 th , 2014. As well, I have reviewed the documents attached to Mr. Parchment’s Certificate of Readiness filed November 7 th , 2012 and the other documents found in the court file including the written submissions of Mr. Parchment and the Province filed in this matter. I have reviewed the documents in chronological order so as to be able to get a good picture of how events unfolded over time and of exactly what evidence is present.

My notes from that chronological review of documents are attached to this ruling as Appendix A. [ 8 ] Mr. Parchment’s claim is for $2,000 in damages for “pain and suffering” he says he endured when he was a prisoner at the Prince George Regional Correctional Centre (‘PGRCC’) between October 7 th and 22 nd , 2010. Specifically, he says the warden and staff at that institution denied him the use of skin moisturizer and as a result he underwent pain and suffering from dry, cracked and peeling skin. [ 9 ] Mr.

Parchment filed some eight different requests and complaints with the warden in October and November, 2010 concerning what he described as his “severe dry skin condition”. He was advised, in response, to see one of the nurses who visited the segregation unit, where he was housed, to have his condition assessed as skin moisturizer was not one of the permitted cell effects for prisoners in segregation. Mr. Parchment refused to see the nurses because they worked for Calibre Health. This is the company contracted to provide health services to inmates. Mr.

Parchment was involved in litigation with Calibre Health over some previous situation at one of the other jails and, in his mind, this meant that he could not trust any of the nurses or the doctor working for Calibre Health. Mr. Parchment demanded to see a doctor at the local hospital or, at least, a doctor that was not employed by Calibre Health.

His request was considered by the Investigation and Standards Office of the Ministry of Justice and he was told that, while he could opt to see a health care professional who was not part of Calibre Health, he would have to arrange for this himself and pay for this himself. Obviously, as a prisoner, it was hard for Mr. Parchment to make those arrangements and come up with the money and I gather that he did not pursue this option. [ 10 ] The result is that there is simply no medical evidence to back up Mr.

Parchment’s assertions that he underwent pain and suffering as a result of the with-holding of his skin moisturizer by the warden and staff while he was incarcerated at PGRCC. There is no medical evidence attached to Mr. Parchment’s Certificate of Readiness filed November 7 th , 2012, or otherwise located in the file or put before me in any form, to back up Mr. Parchment’s assertion that his dry skin condition was of such magnitude or seriousness as to be out of the ordinary or to justify an award for damages. There is also a complete absence of evidence that the skin moisturizer Mr.

Parchment was seeking access to at the time was a prescribed “medication”. In fact, the evidence is quite the opposite. Mr. Parchment acknowledged in paragraph 48 of his Certificate of Readiness that the moisturizer he was using was non-prescription.

[ 11 ] Mr. Parchment felt very frustrated that, because of the policy about permitted cell possessions for prisoners in segregation, he was denied access for an 18 day period to the supply of skin moisturizer which he had purchased from the canteen out of his own pocket. He knew that if he saw the nurse as recommended, the nurse would simply tell him to buy more moisturizer from the canteen. Since he already had a year’s worth of moisturizer in his personal effects this seemed nonsensical to Mr. Parchment. Fortunately, Deputy Warden Chafe took it on himself to cut through the “red tape” by simply bringing Mr.

Parchment one of the containers of moisturizer from his personal effects on October 25 th , 2010. [ 12 ] I have no doubt in concluding that the matter ought to have ended there and there is, and was, absolutely no basis for a civil claim in this matter. The application of the Claimant to set aside the dismissal order is dismissed. The claim is dismissed as per Judge Brecknell’s order of April 12 th , 2013. ______________________________ E. L. Bayliff Provincial Court Judge Appendix A 2009 26 Feb Health Service Request: “I have a very severe dry skin condition.

May I have some skin moisturizer to treat this severe problem?” Comments: “buy off canteen” 6 Aug Health Service Request: “I need to see the doctor regarding digestive and severe dry skin problems.” Comments: “Booked to Md for diet issues. Buy lotion off canteen.” 2010 7 Oct Mr. Parchment arrives at PGRCC and is immediately housed in the segregation unit. He was told this was because he was deemed to be a “management problem” (Evidence of Mr. Parchment). Moisturizing cream taken from him as per policy re: cell effects for prisoners in segregation.

Request 62299 filed “ may I please have some moisturizer for treating my severely dry skin condition. It is among my personal cell effects . I suffer from severely dry skin condition that I must treat daily with effective medication.” Response [8 Oct]: “ You can see a nurse who goes to seg twice daily but have refused each time so far. You can purchase lotion from canteen once you have returned to a regular unit .” Signature illegible but appears “RN” added.

Para. 25, 26, 27/Certificate of Readiness (‘CR’) filed 7 Nov 12. “For approx. 3 of 5 weeks that I was incarcerated at PGRCC its administration refused to allow me to use any of my approximately one year’s supply of moisturizer that I purchased on the inmate’s canteen for treating my severely dry skin condition. …Although branch’s health service staff acknowledged that I suffer from a severe dry skin condition it consistently refuses to provide me with the necessary

medication to treat it. Thus, I must purchase my own moisturizer from the inmate’s canteen. …On October 7, 2010 I filed request number 62299 as directed by Segregation Unit staff, to have some of my moisturizer that I purchased from the inmate’s canteen released to me.” 8 Oct Response to 62299 [see 7 Oct] “On October 8, 2010 it [# 62299] was returned to me advising me that, “you can purchase lotion from canteen once you return to regular unit”.

There was no concern for the fact that my skin was being damaged from the lack of treatment, and was causing me severe pain, even if I requested it from the nurse, the nurse would only recommend that I purchase more moisturizer from the canteen as they always do .” P 28/CR 7 Nov 12. 9 Oct “Inmate Complaint Continuation Form” # 147894: directed to Joanne Hawkins. - “… I have one years supply yet you recommend I buy more.

You would not let me use it even if I bought more ….” Explains his reason for not going to see a nurse as she had recommended: “… Currently I am taking legal action against Caliber Health…thus I must avoid all staffs of Caliber Health Service .” Response given on 22 Oct: “ You have written various managers about this issue; we are looking into this issue.

Segregation inmates do not usually have access to this type of personal item.” See paragraph 29/CR 7 Nov 12. 14 Oct ~ “After one week without my moisturizer the outer layers of my skin became so dry that my skin cracked up all over my body…tiny cracks…became visible, razor like slits that hurt me like I was cut by a razor blade.” P 31/CR “My skin continued to fall off my body…I took showers so I would not get a skin infection.” P32/CR 15 Oct Request # 59433: “Please find attached request regarding severely dry skin condition.

My skin is currently seriously damaged.” Letter dated 15 Oct [possibly attached to Request # 59433]: “Mr. Chafe, Deputy Warden, PGRCC: Re urgent treatment for my severely dry skin condition. “ I suffer from a lifelong severely dry skin condition . While I am incarcerated I have always tried to pay out of pocket for effective treatment for my severely dry skin condition. Last year I was forced to file legal cases against a few staffs of Caliber Health Services Inc. In reaction to that all Caliber staff are being pressured to retaliate against me.

One of their forms of retaliation is to deny me access to my own medication that I purchased off inmate canteen for treating my severely dry skin condition. These acts of retaliation are carefully coordinated from one institution to another. Thus I must avoid all staff of Caliber Health … Mr. Chafe will you please allow me to use some of my medication that I purchased from the inmate canteen, that are in your possession, to treat my severely dry skin condition urgently? I have about one year’s supply of effective medication that are presently in your possession.

Yet my skin is cracking, scaling and causing me pains all over my body. May I please have some of my medication urgently?” Response to #59433 [given 18 Oct]: “ your concerns regarding your skin issues should be addressed by having a nurse look at it. If you do not see a nurse regarding your health (and see a doctor if necessary) then you have the option of purchasing skin cream at the [?] canteen .” P. 35/CR, 7 Nov 13: “ Previously, the branch’s health services staffs would always refuse to return to me any of my moisturizer that the administration seized from me.

They have no control over items that the administration seized .” 16 Oct Request # 59474: To Laferdy “Will you please have an officer take pictures of my damaged skin? Thanks. Because it is evidence.” Response on 18 Oct: “Photos can be purchased through request to programs.

Recommend that you have a nurse look at your skin if there is a health concern, this can be done via a health service request.” P. 39/CR, 7 Nov 13: “…he took it as a joke… recommending have nurse look at skin.” P 40 “There is no branch protocol requiring a nurse to look at my skin before I am allowed to purchase skin moisturizer from the canteen…” 17 Oct Inmate Complaint Form # 147865: “Please find attached documents asking you to stop abusing my rights and obstructing my legal cases….” Response on 22 Oct: “You are not being denied any basic necessities; you have change of clothes,

inmate provincially approved diet, bedding changes and personal hygiene items. Your documents have not been seized and no one is abusing you.” 18 Oct Response to 59433 [see 15 Oct] P. 36/CR, 7 Nov 13: “On October 18, 2010 I got a reply from Mr. Laferdy advising me to see the nurse or I could “have the option of purchasing (more) skin cream off of canteen ”. He continues at para. 37 “ There was approximately one year’s supply…that I had purchased from the inmate’s canteen, …still in possession of the administration yet the administration insisted that I should purchase even more moisturizer …from canteen.

Upon asking segregation staff for a canteen order form, they told me that segregation prisoners are not allowed to purchase canteen items.” Response to 59474: [see 16 Oct] Inmate Complaint Form # 147881: “Please find attached document regarding your oppressive attitude towards me by advising me to purchase more moisturizer from the inmate canteen in addition to the approximately one year’s supply that I have already purchased…and that you are refusing to allow me to use for treating my severely dry skin …Due to my ongoing legal cases against staffs of Caliber Health Service Inc., I must avoid all staffs of Caliber … If it is absolutely necessary for an health care staff to authorize me to use any of the approximately one year supply of medication that are in your possession, that I purchased off the inmate canteen, then I’ll be ready to be escorted to the local hospital at your earliest convenience. … how much more do I have to purchase before you allow me to use any of it?...” Response given 26 Oct: Chafe “You were provided with one container of your previously purchased moisturizer on Oct 25/10”.

Inmate Complaint Form # 147882: “Please find attached complaint regarding your refusal to designate a staff to take pictures of my severely damaged skin and preserve them until such time as a judge or other tribunal representative orders them released…..p. 2 of 2 …. you have seized my approximately one year’s supply of moisturizer that I purchased out of pocket form the inmate canteen and have been refusing to return any of it to me. So far you have given me no lawful excuse for seizing my skin medication or for refusing to return it to me.

As a result of your oppressive actions against me my skin is severely damaged and is aching all over at all times….” Response given 26 Oct: Laferdy for Chafe “Photos are provided by Programs. Request was not denied, only explained the process of how to obtain pictures for personal use. Submit request to purchase photos from Programs.” P. 41/CR, 7 Nov 13: “…I asked him ‘how much more must I have to purchase before you allow me the use of any of it?” 22 Oct Response to # 147894 (see 9 Oct). “Two weeks later on Oct 22, 2010 Ms. Joanne Hawkins replied advising me that “we are looking into this issue.

Segregation inmates do not usually have access to this type of personal item.’ This ‘personal item’ is medication for treating my severely dry skin condition…in fact it is PGRCC’s policy …to keep its segregation prisoner’s skin care and hygiene items in the staff office to be provided to prisoners upon verbal request.’ P. 30/CR, 7 Nov 13 Response to # 147865 (see 17 Oct). 25 Oct Mr. Chafe comes to Mr. Parchment’s cell and Mr. Parchment demonstrates his dry skin. Mr. Chafe goes and gets him one container of moisturizing cream from Mr.

Parchment’s effects. “He advised me that whenever I needed more I should address my request directly to him and he would allow me to have more.” P. 43/CR, 7 Nov 13. P 45/CR, 7 Nov 13: “…I was also suffering pains of my severely damaged skin. It itched and hurt all over my body, from my scalp to my feet. The health services staffs knew that it would have been appropriate to treat my skin with hydrocortisone to speed up the healing of my terribly damaged skin but they never even recommend it.” P 46/CR, 7 Nov 13: “it is branch protocol that the jail’s physician visits the prisoners who are kept in segregation

unit yet for the entire 5 weeks I was subjected to the branch’s abuses I never saw the jail’s physician.” “The nurses visited ..but were more interested in my long fingernails….” P. 47. P 48/CR, 7 Nov 13: “ Although my moisturizer was not prescribed by a physician , the health service staffs could have issued direction for the segregation staffs to keep some of my moisturizer in their office like they keep the other prisoners self-administered medications.

Yet the jail’s physician failed to do so.” P 50/CR, 7 Nov 13: “…the Branch does not allow the nurses to compete with its canteen by giving out free moisturizer.” Inmate Complaint Form # 146643: “Please find attached complaint document regarding you denying me reasonable access to adequate health care and my right to choose physicians. ….you have insisted that I must see a doctor before you reinstate my longstanding therapeutic medical diet.

Nevertheless, you refused to have me escorted to the local hospital so that a physician other than Caliber staff may examine me…I have filed legal cases against Caliber …thus I must avoid all Caliber staffs…you are so ruthless that you even had my 1 year supply of moisturizer …brought to your segregation unit and showed to me on October 22, 2010, nevertheless you refused to let me use any of it to treat my cracked up and severely dry skin…” Response given on 26 Oct: Laferdy “You are provided reasonable access to health care if you so choose to access it.

Our health care professionals will deal with your health concerns via health service request.” 26 Oct Response to # 147882 (see 18 Oct). Response to # 147881 (see 18 Oct). 28 Oct Response to # 146643 (see 25 Oct).

Inmate Complaint Form # 146865 (3 pages) [but seems to be directed at the Investigation and Standards Officer ‘ISO’ possibly using an earlier complaint # since 147865 first appears on 17 Oct directed to Warden Hawkings]: “This is a case in which Joanne Hawkins, without any lawful excuse, denied me the use of my medications that I purchased from the inmate canteen for treating my severely dry skin condition…” Lengthy complaint about inconsistencies in application of policy between institutions and waste of taxpayers’ money, incorrect methadone prescription to him by Caliber doctor and other matters. 29 Oct Request # 59462: Seeking copies of his complaint forms as “they are evidence you resolved those issues”.

Response given 3 Nov: “Copies attached.” Inmate Complaint Form # 147865 (2 pages) [but seems to be directed at the Investigation and Standards Officer ‘ISO’ possibly using an earlier complaint # since 147865 first appears on 17 Oct directed to Warden Hawkins]: “….Both B.C. Correctional Branch staffs and the Caliber people take it as a game to use my digestive problems and my severely dry skin condition to torture me….” 30 Oct Inmate Complaint Form # 147882B: “…For three weeks Ms.

Hawkins refused to allow me to use any of my one year’s supply of moisturizer…as a result of the lack of treatment my skin became cracked, scaled and sore all over. For most of the three weeks I had been in constant pain and suffering from the damage done to my skin. I needed the photograph taken as exhibit of the evidence to be preserved….on Oct 25, 2010 Ms. Joanne Hawkins commenced allowing me to use some of my moisturizer to treat my severely dry skin.

Now that the condition of my skin is improving all the evidence is lost…by refusing to collect and preserve evidence, obstructing…lost 45 pounds...will you please direct Ms. Hawkins to have my photograph taken and have the evidence of my condition preserved.” 2 Nov Inmate Complaint Form # 146202: “I requested copies of my complaints regarding moisturizer that was released to me from my personal effects, and the witnessing and signing of my legal documents. My request was denied. Will you please provide me with my copies of these complaints?

Thank you” Response given 5 Nov: “We have no record of such requests/complaints being denied. Please provide complaint/request numbers.”

3 Nov Response to # 59462 (see 29 Oct). 5 Nov Letter from Investigation and Standards Office [is this in response to # 147882B?]: “…You raised a number of concerns during your incarceration at PGRCC. The health care related issues have been forwarded to me for review and response. You raised a number of allegations against the physicians who work in the provincial correctional centres and you have refused to be seen or assessed by any Calibre Health staff. In view of this you would like to see a physician outside of Calibre Health… to address your health issues.

I reviewed Adult Custody Policy…An inmate in a correctional centre may be visited and interviewed by a private clinician not retained by Corrections Branch….Fees and expenses of a private clinician are the inmate’s responsibility. …You will need to ask the private clinician you choose to contact the health care manager of the correctional centre where you reside…” Response to # 14602 (see 2 Nov). 8 Nov Inmate Complaint Form # 146214: “…as a result of denying me adequate meals and basic nutrition, I have lost approximately 45 pounds and my body is functioning in survival mode.

Will you please direct a staff to take photographs of my emaciated body and preserve them as photo evidence…” Response given 9 Nov: “you receive the same meals as other inmates whether you chose to eat them is up to you. Any other dietary issues are determined by a physician.” Hawkins. 9 Nov Response to #146214 (see 8 Nov). Reply by Swift of ISO to complaint forms submitted (#14765, 146650, 146627 and 146688). “We will write you further considering your submissions…” [1.5 years go by] 2012 25 Apr Mr. Parchment files Notice of Claim (1.5 years after “damages” suffered).

Is excused from paying fees. 14 May Reply filed by govt. 28 Jun Letter from Mr. Parchment to Registrar asking for a Settlement Conference as defendant has refused to settle the matter. Address on Wilkinson Road in Victoria is given. 4 Jul G. Bennett, Deputy Registrar responds advising that per Rule 7(9), (10) & (11) a Certificate of Readiness must be filed in an action for personal injury. 7 Nov Certificate of Readiness filed by Mr. Parchment as required by Rule 7(9). “…copies of all medical records and expenses or losses incurred or expected.” Affidavit: says he is detained at Wilkinson Road.

Note: no medical records attached, only inmate complaint forms and request forms as detailed above.

2013 11 Jan Letter from Mr. Parchment still seeking a civil trial date. 4 Feb Certificate of Readiness (supplementary) filed by Claimant. Explains claim is strictly for pain and suffering and not for “expenses and losses incurred” and that “all legal records that pertain to this case have been filed …Nov 7, 2012” 20 Feb Notice of Settlement Conference for April 12 th , 2013. Notice sent to Wilkinson Road (address shown on Claim). 22 Mar Telephone application by govt. Approved. 26 Mar Amended Reply filed by govt. 3 Apr Settlement Conference Brief and supporting documents filed by Defendant.

Copy of documents provided to Applicant/Claimant Mr. Parchment. 6 Apr Letter from Mr. Parchment to Registrar, Prince George Small Claims Court: “Since my arrival here at Pacific Regional Reception Assessment Centre on January 31, 2013 Mr. Vince LeBlanc and his Administration have been obstructing all my legal cases…has refused to allow me to appear in court as scheduled…asking you to please postpone this matter until such time as Mr. Vince LeBlanc allows me to appear in law courts as scheduled….”. [Received on 15 Apr, 3 days after Settlement Conference.] 12 Apr Settlement Conference # 1.

Claim dismissed by Judge Brecknell due to Claimant no show. 15 Apr Mr. Parchment’s letter requesting postponement of Settlement Conference is received in Prince George court. 19 Apr Memorandum from Ms. Bayliss of Prince George Law Courts to Mr. Parchment responding to his of 9 Apr: “…The Claim was dismissed…no appearance by claimant. If you wish to set aside the Dismissal Order you must file the following documents….If you select a date that you will not be able to attend in person please complete the Application to the Registrar (form enclosed) asking to attend in person.

Please include the following information, * reason for wanting to attend by telephone * date and time of hearing * telephone number at which you can be reached…” 23 May Letter from Mr. Parchment to Registrar, Prince George Law Courts: “…apologize for delay in re-filing…had considerable difficulty getting commissioner…to swear my affidavit…please provide me with a spring order form…” 25 May Offender Grievance, Correctional Service Canada [CSC] # V80R00010986 Code 16: “Re: obstructing my case file…Mr.

Vince LeBlanc commenced obstructing my legal cases by seizing my private legal materials…and refused to allow me to appear at my court proceedings…on May 3, 2013 I was transferred from RRAC to Mountain Institution, …Mr. Terry Hackett commenced obstructing my legal cases by seizing my private legal materials…” [attached to Mr. Parchment’s Affidavit in support of Application to Cancel Dismissal Order, filed June 26 th , 2014] 6 Jun Application to Registrar “…asks for an Order renewing claim…”. Pacific Regional Reception Assessment Centre refused to allow me to participate. …seized my private legal materials…”.

Denied. Must be asked through court.

6 Jun Application to Judge #1. “…to cancel the Dismissal Order issued under Rule 7(17)…I was incarcerated and warden refused to allow me to participate…” 18 Jun Brown envelope addressed to Mr. Parchment at Box 6000, Agassiz, V2M 1A0 was returned “Unknown” to Prince George Court Registry. 2 Aug Letter from Mr. Parchment (at Box 1,600, Agassiz, V0M 1A0) to Small Claims Court Registry, Prince George: “Approximately three months ago I mailed my application to this registry for a re-filing of this matter. Up to date I have not received a reply.

Will you please advise me of the status of this matter…” 15 Aug Application to Set Aside Dismissal struck off the list. Claimant no show. (RWC) [Second time Mr. Parchment has failed to appear at a crucial court date.] 21 Aug Memorandum from Ms. Bayliss to Mr.

Parchment: “With regards to your letter received August 16 th [2 Aug letter] …The package was returned to us on 18 June ….the Application [to cancel Dismissal Order] was scheduled for August 15 th , 2013 at which time there was no appearance by either party and the application was struck off the list…we need to ensure we have your proper mailing address…I have enclosed an Application to the Judge, Affidavit to Cancel a Dismissal Order and copies of previously filed application and filed affidavit…please contact me [phone number given] to advise on which date you would like to have application heard…”. 29 Aug Letter from Mr.

Ameerali, Lawyer for Defendant seeking copy of Affidavit filed June 6 th . 13 September White envelope post marked 13.09.10 from Mr. Parchment (return address shown as P.O. Box 1,200, Agassiz, V0M 1A0) to Prince George Law Courts. Notation by Ms.

Bayliss “Applications Sent Back on Sept 16, 2013”. 16 September Application to Registrar # 2. “…asks for an Order renewing a claim…”. “…warden has refused to allow me to participate and has seized all my papers…” “…no longer at the Pacific Regional Assessment Centre, now at Mountain Institution…they did not forward my mail.” Denied, Rule 2(7). 16 September Application to a Judge #2. “…to cancel dismissal …my documents were not forwarded…” Fall 2013 E mails within CSC about Mr. Parchment’s numerous requests for service by the court system. 12 Dec Application to Set Aside Dismissal struck off list.

Bad weather. [Third time Mr. Parchment fails to appear for a crucial court date. However, Defendant all failed to appear on this occasion due to bad weather.] 2014 7 Mar Application to a Judge # 3. “…to cancel dismissal …court did not proceed on Dec 12 due to bad weather…”. May 23 scheduled. [This is the current application before the court.] Memorandum from Ms. Bayliss to Mr.

Parchment [not clear which document it was sent with, possibly 16 September Application to Registrar to renew Claim]: “The attached document has not been recorded…It is not necessary to Renew your claim…if you wish to appear at the hearing scheduled May 23, 2014 please file an application …requesting the hearing be conducted by telephone…”

28 Mar Application for Attendance of Prisoner filled out by Mr. Parchment. 8 Apr 3 Summons to Witness issued by Claimant to Hawkins, Chafe and McFayden “copies of all formal requests and complaints the [I] addressed to you during October and November, 2010” 9 Apr ‘Spring Order’ approved by Judge Weatherly. 14 Apr Memorandum from Ms. Bayliss to Mr.

Parchment [not clear which document is being referred to but perhaps 28 Mar Application for Attendance of Prisoner?]: “The attached document has NOT been recorded…not required as a judge has signed the Order for Attendance of a Prisoner, copy has been included…the Subpoena …that you have sent us is in the wrong form, I have included the correct form…” 15 Apr Application to appear by phone filed by Govt. 20 May Defendant’s Response to Application [to Cancel Dismissal Order] is filed plus Affidavit of Ms. Beckley. 23 May Application to Set Aside Dismissal Order is scheduled to be heard this day. Applicant, Mr.

Parchment, appears in person, in custody pursuant to ‘spring’ order. Adjourned to July 25 to hear application. 3 Jun Application to appear by phone filed by Govt. 9 Jun Letter from Mr. Parchment to Registrar, Prince George Law Courts re: processing spring order and requesting the swearing of a private Information. [Letter received 19 June] 10 Jun Application for spring order filled out by Mr. Parchment. 18 Jun Affidavit sworn by Mr. Parchment in support of his application for cancellation of Dismissal Order. [filed 26 June]. Details Mr. Parchment’s efforts to pursue his legal case.

Para. 10: “ In spite of my diligent efforts to proceed with this matter in a timely fashion, it has been slowly dragging on due to considerable difficulties of pursuing justice from the routinely obstructive environment of Mountain Institution.” 23 Jun Spring Order approved by DHW. 15 Jul Response to Application to Cancel Dismissal Order filed by Defendant/Respondent. 17 Jul Application to appear by phone filed by Defendant (a different articled student). 25 July Application adjourned due to lack of court time. 28 July Application to Cancel Dismissal Order heard by Judge Bayliff . Mr.

Parchment testified and made submissions. Counsel for Defendant/Respondent Province made submissions. Adjourned further to allow Mr. Parchment to file certain additional documents. 31 Jul Notice of Trial for Aug 5 th sent out.

1 Aug Video Spring Order for Aug 5 th signed. 5 Aug Hearing concluded . Mr. Parchment by Video. Counsel for the Province by telephone. Judgment reserved.