4.7 • 643 Ratings
🗓️ 20 September 2024
⏱️ 23 minutes
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0:00.0 | When did a wacky or specific law win a court case? I got a pro bono client's removal by |
0:06.7 | USCIS cancelled. He had a low-level substance possession conviction from the early 1980s. |
0:13.4 | During that brief period, the active ingredient of a modium was illegal under state law but not |
0:18.4 | federal law. So I successfully argued that they couldn't prove it wasn't a conviction for possession of a substance |
0:24.6 | that was federally legal at the time, and as such was not subject to removal. |
0:29.6 | The argument worked, and my guy went back to his business and his family. |
0:33.6 | I had a case where a guy was charged for running a red light. The thing is, he'd been sitting |
0:38.7 | at the lights for five minutes and it hadn't changed. The wording of the specific section |
0:43.4 | under which he was charged related to stop signs and traffic lights and referred to them as |
0:48.0 | traffic regulation devices. I successfully argued that as the traffic light wasn't changing, |
0:53.5 | it wasn't regulating traffic, |
0:55.1 | and he got off. I couldn't believe it when the judge ruled in my favour. Neither could the police |
0:59.7 | prosecutor. I did some research for this case when I was a law student, Jolie v. Palacier, |
1:06.1 | 1999. Some background, this was at a time when the Ontario Court of Appeal had held that, if there were any factual matters in dispute, a case could not be dismissed on summary judgment. That's not the case today. It was discovered that this position basically ruined summary judgment as a useful process. But it was the case at the time. In such a motion, all facts alleged by the plaintiff would be |
1:28.2 | assumed to be true. What happened was this. A man sued, among others, the College of Dental |
1:33.8 | Surgeons for persecuting him and interfering in his ability to live as a generic Martian. The plaintiff |
1:39.9 | claimed he had been cloned from space debris Nessa found in the 1960s. He claimed he had a genetic |
1:45.8 | test to prove this, but it had been falsified by the CIA as part of the conspiracy against him. |
1:51.9 | Well, naturally, this claim raises the concern that the plaintiff was bonkers, but there was |
1:56.5 | no evidence, aside from his bizarre claims of that being so. In court, the case was decided on two |
2:02.3 | alternate grounds. First, on the boring grounds that the case was patently frivolous and vexatious |
2:07.6 | because it was absurd. However, it was also decided on a more entertaining basis of standing. |
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