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VRAB, how to beat this corrupt organization

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Re: VRAB, how to beat this corrupt organization

Post by Guest on Fri 28 Aug 2015, 12:53

Kid , I sort of get what your saying , an doing , but I got a little confused when you said ; ( have conspired with the adjudicator most likely for financial gain )

When you say financial gain , what exactly do you mean by that ?

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Re: VRAB, how to beat this corrupt organization

Post by Guest on Fri 28 Aug 2015, 12:30

Community Legal Information Association of
Prince Edward Island, Inc.
Going to Court: Civil Trial Procedure
Civil law is different from criminal law. Civil disputes always involve the private interests of
individuals, groups or organizations, including the government. When people cannot reach
an agreement, one of them can ask the courts to decide. Cases that appear in civil court
include family matters, wills and estates, lawsuits claiming damages for negligence such as
personal injury claims and other disputes. This pamphlet explains what happens in cases
involving negligence or damages.
The process used in Small Claims Court, for claims of less than $8,000, is a little different
than the process in the general section of the Supreme Court. You can get more information
about Small Claims Court by going to the Courts’ website: http://www.courts.pe.ca or by
phoning the Clerk of Small Claims Court at 902-368-6000.
Participants in a civil suit are called "parties". The party starting a court action, or lawsuit, is
known as the “plaintiff” or “petitioner”. The party accused of causing the damage or injury
is known as the “defendant” or “respondent”.
The courts become involved in civil matters when an individual, group or organization has
asked them to. The role of the courts in civil disputes is to provide a way to resolve conflicts
when the parties cannot or will not settle in any other way. Although civil trials can take
place before a judge and jury, a judge alone hears most of the trials. Jury trials are very rare in civil court.
Starting the Action
Usually the steps in a civil action are as follows:
1. Statement of Claim;
2. Statement of Defence;
3. Discovery and affidavits of documents;
4. Pretrial conference (the purpose is to try and have parties settle the matter. A judge
will examine the issues and provide a non binding opinion to encourage the parties to
settle before trial);
5. Trial.
1. Statement of Claim
The first step is when the plaintiff files a Statement of Claim with the Supreme Court clerk.
The Statement of Claim is signed, dated and stamped, then issued by the Registrar in
Supreme Court. It is served, or delivered to, the defendant and filed in court with proof of service.

CLIA PEI PO Box 1207, Charlottetown, PE C1A 7M8
902-892-0853 • 1-800-240-9798 • Fax 902-368-4096
clia@cliapei.cawww.cliapei.ca

2. Statement of Defence
The second step occurs when the defendant files a Statement of Defence in Supreme Court.
When the defendant fails to respond to the Statement of Claim and doesn't file a Statement
of Defence, the judge will look at the documents presented by the plaintiff and grant an
order or give judgment without a trial. This is called a Default Judgement.
The Statement of Defence must be filed within 20 days if the defendant is served in PEI,
within 40 days if the defendant is served elsewhere in Canada, and within 60 days if the
defendant is served anywhere else. The parties involved in the case then exchange informal letters to try and come to an agreement and settle things.
If the matter is not settled, various documents are filed with the court clerks and pass
through the court registry from one party to another. This is done in preparation for two
other steps that parties usually go through before the trial.
The Statement of Claim and Statement of Defence are called Pleadings.

3. Examination for Discovery and Affidavit of Documents
The next step is an Examination for Discovery in which both parties are questioned under
oath and each of them discloses the documents that they plan to use at trial. This is called
the Affidavit of Documents and the contents do not get filed with the court until they
become exhibits at trial.
4. Pre Trial Conference
Finally, before going to trial a Pre Trial Conference or meeting is held between a judge and
the parties' lawyers to clarify the issues and to try to shorten the trial.
This exchange of documents and information in the early stages of a civil case allows both sides to know what's going on and to weigh the strength of each other's case. A good
example of how this works: A plaintiff claims $60,000.00 from an insurance company for
coverage of a fire that destroyed part of her grocery shop. The defendant insurance company
is refusing to pay. After documents have been exchanged it turns out that the insurers are
willing to pay part of the claim, but argue that the damage caused was only worth
$30,000.00. The plaintiff may decide to settle for the $30,000.00 rather than go to the
expense of a trial.
A compromise settlement is often reached and there is no trial. This is very different from a
criminal action where the victim of a crime may appear as a witness for the Crown, but has no personal control over the proceedings, and cannot stop them.

Proving the claim
In a civil case the judge makes a decision on a balance of probabilities. This means that
when the parties are disagreeing about what was said or what happened, the court must
decide which side's evidence is more probably the truth, and apply the law to that. It's as if
the evidence is put on a scale. The judge or jury will find in favour of the side which
presents the best evidence. For example, if the evidence shows that it is more probable than not that Arsenault caused the motor vehicle accident in which MacDonald suffered injuries,
the judge will order the defendant Arsenault to pay compensation for pain and suffering to
the plaintiff MacDonald.
The civil trial procedure
If you are the plaintiff, your lawyer makes an opening statement and calls witnesses to
support your position. After each witness gives evidence for you, the defendant's lawyer has
a chance to cross-examine them. Following this, your lawyer may re-examine the witness on
any new matters which may have been raised by the defendant's lawyer during crossexamination.
This is called a rebuttal.
If you are the defendant, your lawyer can call witnesses to support your position at the end of the plaintiff's case. They are, in turn, cross-examined by the plaintiff's lawyer.
Again, your lawyer has the opportunity to re-examine the witnesses on new matters which
may have been raised by the plaintiff's lawyer during cross-examination. The judge gives his
or her verdict after closing statements in which each side has the opportunity to provide their
summing up of evidence.
A civil suit may be stopped at any time if the parties reach an out-of-court settlement.
This is very different from a criminal trial where the trial usually continues until a decision
of not guilty or guilty is made.
In a civil trial, the role of the judge is to look at areas of disagreement between the parties, and to state the issues clearly. Having had the facts decided for them by the judge, the
parties may be able to resolve the dispute themselves. However, if they are still unable to
agree, the judge will decide the matter for them and give a decision.
In some cases, civil actions do not go to trial. In certain emergencies, or when the opposing
side consents or fails to put up a defence, the judge will look at the documents presented by
the plaintiff and grant an order or give judgment without a trial. This is called a Default
Judgement. A Default Judgement allows the claim put forward by the plaintiff and the
plaintiff can enforce the judgment against the defendant.
After both the Statement of Claim and the Statement of Defence are filed, either party may apply to the judge for Summary Judgement. This means that the judge will act on the
affidavit evidence and review the documents filed earlier in order to decide whether to
dismiss the claim or the defence, depending on who made the application.
Going to court in a civil case is a stressful, complicated, expensive and lengthy process. It is
a last resort, used only after all other attempts to settle matters have failed.
This information has been prepared by the Community Legal Information Association of
Prince Edward Island, Inc. It contains general information about civil trials. If you have a
legal problem, you need legal advice that this pamphlet does not provide. To get legal
advice, contact a lawyer. If you don't know a lawyer, call the Lawyer Referral Service at

CLIA PEI PO Box 1207, Charlottetown, PE C1A 7M8
902-892-0853 • 1-800-240-9798 • Fax 902-368-4096
clia@cliapei.cawww.cliapei.ca

902-892-0853 in the Charlottetown area or 1-800-240-9798 toll-free. The Lawyer Referral
Service provides you with a brief consultation with a lawyer for a modest fee.
Community Legal Information Association of PEI, Inc. (CLIA) is a charitable organization
that receives funding from the Department of Justice Canada, the PEI Department of
Environment, Labour and Justice, the Law Foundation of PEI and other sources. CLIA
provides Islanders with understandable and useful information about the law and the justice
system in Prince Edward Island.
For more information, visit our website at www.cliapei.ca, email us at clia@cliapei.ca, or
you can telephone us at 902-892-0853 or 1-800-240-9798. You can also find us at:
www.facebook.com/CLIAPEI, www.twitter.com/CLIAPEI and
www.youtube.com/CLIAPEI.
You may support CLIA by making a donation, volunteering, or becoming a member.
Non-commercial reproduction of this document is encouraged.

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CIVIL COURT

Post by koreankid on Fri 28 Aug 2015, 12:12

There are 2 court systems in Canada. One being criminal court based on the Canadian criminal code and the other is civil court which are all other court cases that are NON CRIMINAL. if the adjudicator has not broken the law, then you would take this person to civil court for their actions. In my case I have proof that persons at VAC have broken the law and have conspired with the adjudicator most likely for financial gain.

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Re: VRAB, how to beat this corrupt organization

Post by Guest on Fri 28 Aug 2015, 08:14

Can you explain what civil court is...?

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Re: VRAB, how to beat this corrupt organization

Post by koreankid on Fri 28 Aug 2015, 03:01

In mypost I believe I said VAC adjudicator which is not VRAB. I am going after my VAC adjudicator as she didn't show any contradictory evidence to take away Benefit of doubt and yes my lawyer is currently writing the affidavit. please understand that civil court is nothing to do with VRAB or VAC, it is court for personal action against the person, not the adjudicator. She acted as an adjudicator for VAC, but on a personal level acted negligent and caused me monetary loss and pain and suffering.
EXAMPLE - O J Simpson wasn't found guilty of any criminal action in federal court but was found guilty of causing his wifes death in civil court. Was sued for millions.
I am not going after the VRAB or VAC adjudicators for any criminal action, but for their personal cival action against me.
VRAB adjudicators are in fact protected by federal court system as adjudicators, but have no protection in civil court, in fact no one does for their ;personal action.
Another excellent example is the police officer who choked and killed the big guy in the USA . The officer was not guilty of anything criminal in federal court, but is being sued by the family in civil court for causing the death of their family member. When you take the adjudicators to civil court, this is personal and has nothing to do with VRAB or VAC and they pay their own legal expenses.

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Re: VRAB, how to beat this corrupt organization

Post by Guest on Thu 27 Aug 2015, 22:04

Vrab adjudicators are protected and cannot be sued. Federline government. They're not held responsible for they're actions. Regardless of benefit of doubt all they have to say is yes they did give benefit of doubt...that drops all they're responsibilities. Trust me....I've been in front of them many many times.

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Re: VRAB, how to beat this corrupt organization

Post by koreankid on Thu 27 Aug 2015, 21:36

SupremeDebater wrote:Folks, if you want to change and abolish vrab, the only way is to stop the review and appeal process. Want to know what to the secret? This group is a corrupt money pit that wastes the tax payers money and disabled veterans. I say stop all reviews and appeals right away! If no one goes I the review or appeal levels the GOC will have no choice but to make changes! The Vrab entity will be abolished if no one appeals a vac decision! Because don't forget...you can resubmit new evidence to vac also, as well ask for a reconsideration! Vrab is in place to deny veterans! Let's stop the shytestorm by not using the toilet entity called Vrab! Jobs at Vrab will be cut back, Vrab review and appeal members will be eliminated as well! Think about it, if the entity is not used there's no use for it. Time to send a message, this is the only way to abolish the bs by Vrab. Let's stop going to reviews and appeals and wasting our time! 

Supreme out
Everyone that doesn't get the benefit of doubt in their initial adjudication at VAC should sue their adjudicator in civil court instead, for their personal actions. Run the adjudicators out of their own money.Civil court has nothing to do with VAC, it is personal between you and your adjudicator. Look at Donat Theriault and Attorney General of Canada Page 22 for reference to BENEFIT OF DOUBT decision by Federal Judge decision.

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Re: VRAB, how to beat this corrupt organization

Post by Guest on Fri 27 Mar 2015, 21:11

Had to login...couldn't resist! Malpractice suits are 90% of the time unsuccessful, unless you can get a doctor to state that the procedures that were performed were done incorrectly and the tubes the military put in are a DIRECT RESULT of your current issues problems. As well Malpractice requires that the doctor who performed the surgery is found negligent. There are cases which are precedence with regards to " if a doctor performs surgery or work, did he/she perform the surgery correctly but resulted to be unsuccessful" As well when doctors do surgery or perform on another human being was it negligent of the doctor or was it poor skills of the doctor? Negligence and Malpracrice suits are very hard and expensive. Lawyers are the only ones that make money.

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Strength in Numbers

Post by Riddick on Thu 19 Mar 2015, 18:49

I am sure there are a thousand recommendations on what we could or should do, however only a few could really benefit us....but which ideas?

For the most part Canadians are pacifists and it takes a lot of poking for us to really do something about it.  In the last year the veterans have really banned together more than we ever have and our voice is beginning to be heard.........changes are happening........yes.... they are slow.........and when VAC returns 1.3 billion dollars only to have a few million given back over 50 years is shameful and disgusting......but they are changes none the less.

I also believe we have enough people between the vets and our families and friends to sway an election!!

My opinion is...nothing changes if nothing changes....nothing ventured, nothing gained.  We have the digital world and the internet at our disposal to be heard without having to spend money on gas for our vehicle.

Let all the staff at VAC know your thoughts (using diplomacy of course Smile........their email address is their first name then "dot" and their last name @vac-acc.gc.ca

The staff at VRAB......... again their first name "dot" then their last name @vrab_tacra.gc.ca
. They will highly unlikely reply, but they will receive!! cheers cheers
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Re: VRAB, how to beat this corrupt organization

Post by Teentitan on Sun 01 Mar 2015, 12:45

Best way to find a good lawyer is start with the yellow pages. The first advertisement that says 'malpractice' call and ask if they have ever taken the government of Canada to court? If they haven't then ask them if they know a lawyer who has. They all sorta know each other so that might be your best chance.

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Re: VRAB, how to beat this corrupt organization

Post by meteck on Sun 01 Mar 2015, 09:33

i am currently trying to prove malpractice of sorts because the military stuck t tubes in my ears over 15 times during a 13 year career....yep...now i got holes in both ears. cannot keep infection out so constant pain of some sort. cant drain properly so have to keep sticking tube in right ear with no skin left to hold it. my prognosis when the current tube falls out which should be soon is grim. my equilibrium is shot some times. cant get a drop of water in them or the pain is unbearable. and current drugs to treat infection fucks me up sidewys bad.. any body know a good lawyer for vets??..this claim was created by the lawyers at vrab on my behalf after looking at evidence of hearing loss trial..one i lost by the way..one where the 2 presiding judges ASKED MY LAWYER before getting started that this was not the malpractice claim? a claim started only the week before by veterans affairs..on advice from my lawyer..why ask my lawyer that question when i did not even know much about it..how would judges know to even ask her that..it was obvious from that point forward i was losing my appeal...weird eh

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Re: VRAB, how to beat this corrupt organization

Post by Guest on Wed 20 Aug 2014, 09:43

Teen, that's exactly the issue. I fought them but have no backing from other veterans. They hated me and taught me a lesson that one can't fight alone. If only the vets we're backing me, things would have went way different. I started the crusade but power by numbers! They lobbied also to have me kicked off all services as well. They also wondered how I slipped through the cracks regarding my education and how the entity I was fighting paid for that education. Anyway I'm not fighting a system with no backing by the vets...it's pointless. Guys like mike Blais, he will be in the spotlight but what is he really accomplishing? His ego only grows while they laugh at him and his rants. Anyway until unity grows and vets come together as one, all the sh*t and abuse will in fact continue 

Supreme out

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Re: VRAB, how to beat this corrupt organization

Post by Guest on Sat 02 Aug 2014, 19:23

It is very rare to find a lawyer who will take on VRAB Tribunal regardless if pro bono. As I said, I did speak with two law firms in the past  for VRAB appeals and prior to that several other law firms for a specific case against a NDMC doctor. I think in our cases as Veterans, lawyers can think of easier ways to make money then represent us against DVA or DND for that matter. Too high risk and they don't want to step on anyone's toes??? We can see how getting a lawyer to take on ELB has gone. It really is a minefield for us to navigate legally through be it  for VRAB, CPPd, ELB, LTD or NVC to fight for our benefits and rights.

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Re: VRAB, how to beat this corrupt organization

Post by Teentitan on Fri 01 Aug 2014, 23:55

Well about 3 years ago there was lawyers that were doing pro bono work for veterans. After a few appeals and hearings in PEI the enthusiasm died down and now it's no longer.

I was told by the founder it was the learning of VAC and DND rules/regs/acronyms. Couldn't get him to admit the amount of time it takes to do one case.

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