TWO STORIES(Employee's Case)
JAN. 01-2021 employeescasecanada.ca
TWO ALTERNATIVE VERSIONS BOTH WRITTEN BY THIS AUTHOR, ROGER CALLOW, VICTIM IN AN 'UNRESOLVED' 35 YEAR LEGAL BATTLE IN WHICH NO COMPENSATION WAS EVER PAID BY THE EMPLOYER, THE WEST VANCOUVER SCHOOL BOARD.
VERSION 1 - THE RIGHT WING NORTH SHORE NEWS TABLOID
1) How many trees were cut down for this nonsensical case asks a Nova Scotia newspaper in 2017 on this labour matter which was ruled on many, many times in provinces across Canada with always the same message; namely, that this case had no merit. One letter to the editor pinpointed it; if Callow had been assigned $2.00 in settlement, that would be $1.99 too much!
2) Mr. Callow was lawfully laid off in 1985 from the West Vancouver School District under the conditions of BILL 35, the 1985 Education Act. He didn't like that, complaining that the duly elected School Board, in doing their duty, selected him as a senior teacher because he lacked competence. The respected arbitrator, Louis Lindholm, we submit came to the right conclusion on that score, although the court when Callow appealed felt more arbitration by him was warranted thus wasting further taxpayer dollars.
3) And did Callow go back to arbitration? No. He dithered so long that the only person who could adjudicate his case, Mr. Lindholm, passed away. It is further noted that he rejected the generous compensation package that the School Board offered him.
4) What more did he want? What he set out to do was to incur the disfavor of over 50 judges across Canada who repeatedly told him, time and time again, that he was merely being frivolous & vexatious. Everybody apparently was out of step, but our Roger.
5) In 2019, he had his driver license suspended for psychiatric reasons. We can believe it. It would seem ON Deputy Minister of Transport-Medical, Franco Alulio, knew what he was talking about but once again, that was not suited to Mr. Callow whom would rather sue for the ridiculous sum of $10 million rather than getting himself re-tested. Just how can you help a person unwilling to help himself? Recently, he has thrown in the towel on pestering the bejeezes out of the courts in a matter which should never have gone to court in the first place as the duly elected West Vancouver School Trustees had acted properly in the first place.
6) Canada, as the public well knows, is a progressive democracy known for its adherence to law and order. How we could have sunken so low as to let Callow get away with his stunt for 35 years tarnishing, as he does, the reputation of some very fine leaders in our society is a crime in itself. Good Riddance we say.
VERSION 2 - A REBUTTAL BY THE TARGETED SENIOR TEACHER
1) 90,000 Frenchmen cannot be wrong with their Maginot Line mentality in which they sat in trenches while the Germans rolled over them with tanks and aircraft. Indeed, 50 judges did rule this unresolved labour matter in which no compensation was paid which was due the teacher under either the collective bargaining rules, BILL 35 conditions, or general terms in law related to labour compensation, to be a frivolous and vexatious request. In effect, those collective judges picked up the judicial ball, as it were, and went home without giving a final answer. That is not law and order; rather it is law and disorder.
2) Arbitrator Lindholm was ruled patently unreasonable when the arbitration favouring the School District was quashed by the courts. He converted 16 new hires to read 16 lay-offs adding myself as the 17th. The 'highly respected' School Board members did not take the stand to testify to lay-off numbers or to the fact that my termination pre-dated the passing of BILL 35. In effect, they were not going to perjure themselves as only two out of the five Board Members - Chairperson Margo Furk and her successor, Mike Smith, voted in favour of the lay-off for economic reasons. There is no such thing as 'current demonstrated ability' as it is not defined in either law or Bill 35. Teacher competence is handled by the School Act. Apparently, the Board hoped to run an end game around the Union knowing that this targeted teacher with a young family could ill-afford the cost of a 11 day hearing. Hence it did not matter what they said and did. The rabid North Shore News columnist, Doug Collins had a field day slandering me. I have never seen the Board meeting minutes due to judicial capriciousness regarding the second illicit lay-off meeting Furk and Smith held with Board legal Counsel, Stuart Clyne in July 1985, who committed fraud in 'fixing up the details of the June lay-off'. In the event of fraud, everything flowing out of such an action is 'null and void'.
3) The 'law of frustration' applies when events outside the legal concerns of two litigants are not of their making. Such was the case with the death of Lindholm. Eventually, I went to court on my own against the Employer to ask them to return employment on the grounds that Justice Southin who quashed the original arbitration, recommended it and as the Employer did not follow her directive to return to arbitration. In law, such a recommendation carries weight. The judge's other course was to order a re-arbitration with a new arbitrator. He chose neither alternative balling the whole thing up in nonsensical orders inimical to my cause.
4) The thrust of my case is that I did not create judicial malfeasance illustrating in detail how judges routinely obviate the law to the advantage of the large and powerful such as the West Vancouver School Board although many other examples abound; e.g. SNC Lavalin where their chief counsel is a former SCofC judge, Iocabucci . The media is currently coming 180 degrees in reporting against recalcitrant judges but not those associated with the Employee's Case. For example, in 2014, ON Justice, Colin MacKinnon, wrote three Decisions on the same Action; none of them referencing the other. The Canadian Council of Judges, similar to all other oversight bodies including the ON Legal Society does not acknowledge their legal mail on these very serious charges.
5) I charged columnist Kelly Egan with cowardice for failing to expose the Nazi-like suspension of my driver's licence by Franco Alulio, Deputy Minister of Transport-Medical. Who made such a request and why did he pervert the forms to include the word 'psychiatric' without any accompanying definition which no medical Doctor would touch, is the thrust of the Action against him to which he did not reply. The draconian aspect of his perverse action is to deprive a target of any legal representation for any legal matter. In light of the failure of the Canadian authorities to act, two U.S. Presidents have been notified of the 'clear and present danger' such a runaway bureaucrat can pose to both Canadian and U.S. interests.
6) Roger Callow for both accounts 'Canada has a Legal System; not a Justice System'.