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Naming names!

 

The reason I frequently name some, not all, the people I am suing has to do with the way their lawyers have been trying to defeat my claims.

I have all the evidence I need to prove all my allegations, specially those involving fraud. ICBC uses a software system referred to as EDRMS (Electronic Document and Record Management System) and everything I allege against its employees is documented, logged and recorded in their system. 

By filing a claim against them they are obligated to disclose those records which would in effect amount to admissions, there is no way out for them and their lawyers know that very well.

Their strategy has been to conceal facts and evidence from the court and file motions to delay my claim against ICBC and their employees. Technically, they requested to separated my claim against ICBC defendants from the driver who rear ended me and stay the claim against ICBC until the resolution of the responsibility for the accident. But to succeed with that motion they have to conceal any relation between the ICBC and the evidence that would link them to the decision on responsibility. 

They went so far as to try to conceal from the court that I was rear ended and that the driver admitted he rear ended me; he contests responsibility but admitted he rear ended me. That detail is very important because it inverts the onus. The onus is not on me, the plaintiff, but is actually on the defendant; he has to prove that he was not negligent. That fact alone defeats their motion to stay the claim against ICBC because as it stands now and until a court decides otherwise, I have cause for action against ICBC and its employees. 

So, what does this have to do naming people? They can not sue me for libel/defamation because if they do, they would be obligated to disclose those records which they so desperately trying to conceal. 

I must note that I do not name anyone who I am not suing for their persons. Those I allege to have been negligent are employees who made mistakes while executing their duty of care and I do not name them, but of course their names are part of a public record.

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