Greetings TCN /Untax readers and/or otherwise:

I attended the proceedings at the Superior Court of Justice in Toronto on Monday, July 10, 2000 re: the Class Action Proceeding matter filed by Daniel Lavigne in March 2000. A brief summary is posted below.

tjk :)

July 10, 2000

Court File No. 00-CV-187054

Humanity House International Daniel J. Lavigne and Constantine Simanikas (Plaintiffs) represented by Daniel J. Lavigne

vs

Her Majesty The Queen (Defendant) represented by Sean O'Donnell, Solicitor for the Defendant (Department of Justice)

Proceedings commenced at the Superior Court of Justice, Toronto, Onatrio

Presiding Justice - Justice Frank Roberts

Approximately 40 people gathered in the courtroom  at the Superior Court of Justice on University Ave. in Toronto at 10:00 AM on Monday, July 10, 2000. The proceedings were scheduled for 130 Queen St. but were moved to 161 University Ave. on late notice.

Sean O'Donnell led off by challenging the plaintiff and requesting that Justice Roberts dismiss the Statement of Claim as it had "no reasonable cause of action."

Then Justice Roberts gave Daniel J. Lavigne one hour of time to use as he saw fit and as long as it pertained to defending the argument  that the Statement of Claim had "no reasonable cause of action." Daniel made a very good presentation and Justice Roberts listened, often saying that "Yes, I have read the Statement of Claim." After approximatley one hour, Justice Roberts recessed for 30 minutes. When he re-convened court he read his decision and then he gave a copy of it to both the plaintiff and the defendant. I have reproduced his decision.

July 10, 2000

"The Statement of Claim in this action is challenged by the Crown as disclosing no reasonable cause of action. I have had full argument from the Crown and from Mr. Lavigne, one of the Plaintiffs.

A reading of the Statement of Claim discloses a wide ranging political philosophy attacking the political and judicial system in Canada.

The goal of promoting the curtailment of nuclear proliferation is a commendable one but more properly the subject of a political platform, to be judged in the forum of political opinion.

The attack on taxes, their payment and use similarity is a political argument NOT a legal cause of action. The Statement of Claim speaks of political goals but does not disclose any legal cause of action.

I am bound by the rule of law so eloquently referred to by Mr. Lavigne. In the result, the motion of the Crown is granted and the Plaintiff's action is hereby sturck out.

The Plaintiff, Mr. Lavigne has filed a cross motion relief including summary judgement. The Plaintiff's action having been sturck out, the cross motion also falls. No order as to costs."

Justice Frank Roberts

Daniel Lavigne has stated that he welcomes input and ideas on what tactics and strategies to follow next. Of course, Daniel will have to weigh the benefits and pitfalls of commencing the Appeal Process. I am suggesting that all of the supporters from the "Detax/Untax/Refusetax" Movements from all across Canada carefully consider coming together to support a well thought out Class Action Suit based on Constitutional arguments and research on some relative aboriginal arguments. Robert Marquis, Eldon Warman and Dave Lindsay have uncovered some very worthwhile information which can be woven into a "cause of action" as the basis of a Class Action Suit.

Michael Swinwwod, a lawyer from the Ottawa area has explained that we need a minimum of two taxpayers to come forth to represent the class. Michael is willing to take a leadership role in executing the Class Action Suit. Brad Medd and myself have volunteered to be the representatives of the "Class" since he and I are both involved in challenges with Canada Customs and Revenue Agency.

Hopefully this brief summary will open further discussion on the possibility of a carefully constructed Class Action Suit on behalf of all Canadian citizens who are willing to challenge the issue of "taxes." I am suggesting we, the participants of the "Detax/Untax/Refusetax" Movements rally our resources together and give careful consideration to creating the optimal Class Action Suit which will have the greatest chance of success. Let's have some discussion on the idea.......