I asked her to name a single case in Saskatchewan history (precedent for non lawyers)that resulted in the disclosure of criminal conduct by a member of the bar, in a civilproceeding. She could not. I asked her to name a case in all of Canada and she could not.She just kept repeating that every lawyer would do so and that it's just their free will notto choose to represent me. I asked the clerk of the Law Society of Alberta (a secretary

Simply put, no lawyer will represent a client in a civil action that results in the disclosureof criminal conduct of another member of the bar. One of the first discussions that I hadwith a member of the Law Society of Saskatchewan's executive was with DonnaSigmeth. I told her "I want a member of the bar that specializes in holding othermembers of the bar to account for criminal conduct. .. She replied, "Every member of thebar does that". We went back and forth several times in the conversation with me relatingto her all of the miscellaneous lies that I had been told to mislead me in pursuing thisnegligence. Including all of the other excuses. "My law firm is too small for matters likethat", "Our law firm is too big for something like that". "I'll have to charge extra if I tookit because it uses up my goodwill with SGI"(He subsequently refused representation)."Perjury is protected by privilege." "There is no cause of action for that." Most typicallythe response was like that given by a senior partner of the biggest law firm in Alberta,"No one at this finn is interested in work like that".

The first inkling of what was likely to be in store for me with regards to lawyers andfinding representation was a conversation with Mr. Robert Kennedy with the Law firmHalyk Kennedy Knox in Saskatoon. 1thought that he was not a lawyer but a clairvoyantthat should in fact single handily replace the entirety of Canada's supreme court. I brieflyexplained what was going on here. That I had caught a lawyer red handed suborningperjury in an examination for discovery and was going to hold them to account for it. Thefirst and only real statement that he made to me was" You're not likely to find a lawyer inSaskatchewan to represent you, you should try Alberta or B.C. Many lawyers in Albertastarted their practices here". He said he was too busy to represent me.

If you're a law student in New Zealand or England and are wondering why posters havesuddenly appeared on your campus for this website. Its because I believe every personinvolved in the legal industry needs to find out about these matters. Every Canadian.Every person that uses the system of Common Law. Every trading partner of theprovince.

I want to start by apologizing to the Law students who are reading this website and arefilled with honesty and enthusiasm. Wanting to start a career, make an honest living andprovide for their families. Stinking Lawyers was chosen for this website because I knowthat there are many lawyers who will look the other way when the see corruption of thejustice system. Dishonest lawyers have turned the courts and justice into a wasteland ofintegrity. I won't apologize to lawyers because they know how the system works and theyknow how others work it. Yet they do nothing.

Stinking Lawyers Introduction

The Statement As To Documents was released June 2002 (dated May 29,2002) This is10 years and six months after the cause of action (accident). During this timeexperienced council represented me until the summer of 2000.Rules of Court of Queens Bench Statement on Discovery212(1) Parties to an action shall, within ten days after a statement of defence has beenfiled, and without notice. serve on each opposite party a statement as to the documentswhich are or have been in his possession or power relating to any matter in question inthe action.

•

1. The Statement of Defence was filed a year and one half after the Statement ofClaim.

2. The Queens bench Rules in The Province of Saskatchewan Rule 100(1)(a) Statethat the Defendants have 20 days to file the Statement Of Defence. But these arethe courts of Favour for The Goverrunent and la-wyerswho with to initiate a fraud.No this isn't a mistake or error. Every lawyer involved in these matters wasbefore the bar for at least 17 years and except for one, the senior partners of theirlaw firms. The matter involves an auto accident whereby both insured (drivers)were insured with the same insurance company. That company is SaskatchewanGoverrunent Insurance, SOL The legal council for SGI was at all times asubcontracting law firm K.A. Lerner, until subsequent to Disclosure, when Mr.Gibbings was council.

So here is a basic rundown of irrefutable facts and actions by legal council acting formyself and for the subcontracted Iega1council for the defendants.

There have been a couple cases in Saskatchewan where lawyers have been caughtdrinking and driving. Even though there are many, many prosecutors in the province. Thestandard practice is to bring in a prosecutor from Alberta. Alberta is the next province tothe west of Saskatchewan. This is done to avoid the "appearance" of bias. Think aboutthat. When you're done studying these matters think. about that concept again.

At this point the lawyers and law students are likely thinking like Lawyer Nigel Kent ofClark Wilson in Vancouver B.C. He stated after a Y:z hour discussion of these matters"You probably want to meet with prospective council face to face. Otherwise by phonethey will think your just a nut", then added" Sorry no" regarding representation.

Lawyers will happily represent rapists, murders, gangsters, other fraudsters, childmolesters, all happily! Lawyers also self-insure. The Law Society of Saskatchewan as aself-administed co-insurance plan with all of the other Canadian provinces exceptingQuebec. So any claim against the self-insurance plan for negligence is a claim againstthem all.

not a lawyer). To give me a list of lawyers that specialize in holding members of the barto account for criminal conduct and she said every lawyer does that.

The brief outlined the liability and violations oflaw of these matters including thespecific allegations of subordination of perjury by the legal council for SGI. Ididn't know that SGI used a subcontracted law firm K.A. Lerner as the lawyer incharge was based out of the Saskatoon SGI offices. Because of this mistake infiling the Judge who heard the new claim rightly dismissed it. His only comment

6. In 2000 I filed a new claim for damages arising from these matters #1478 of 2000In the Court of Queens Bench. The brief of which (about 2" thick) was sent viacourier to the President of SOl Larry Fogg and a second copy to the NewDemocratic Party of Saskatchewan (NDP Party) Minister for SGI John Neilson.John Neilson is a member of the bar and was previously Justice Minister for theNDP party.

Adjusters are the employees of SGI that investigate the accident, determineliability and payout for auto related losses. Imake reference to the criminalconduct of SO I in my motions and letters and would like to apologize to tbeaverage hard working honest SGI employee. Inever dealt with a dishonestSGI employee. The criminal actions in these matters involve lawyers and onepossibly two others. Larry Fogg the president of SOl was advised of theparticulars of these matters in 2000. Jon Schubert (July L2004) was his successorand May, or may not, have know about the cover-up of the criminal conduct ofthese matters.

In these matters here you will come to find out WilY disclosure was given whenit was. Why the delay and why when it was given that the file was picked clean ofall references to the real specifics of the accident by the adjusters.

5. In 2000 I was tired of my first lawyer's refusal to secure evidence and deal withthe lies (perjury) of the other driver. Ihad never heard of the Rules of Court.Disclosure or the duties that my insurer owed me. But a Ontario court of Appealhad just upheld an award of $1,000,000 for negotiating in bad faith in a insurancematter there. The ruling, subsequently upheld at the Supreme Court of Canada in2002. Stated in part that the failure to negotiate an insurance claim in good faithgave cause to a new and separate cause of action. My lawyer was fired when Ilearned of this.

4. I first became aware that something was not right on the legal end when the firstExamination for Discovery was held. That was the first that I knew that theoriginal finding of SOl's adjusters that I was 100% not liable had been reversedby K.A. Learner legal council. During a recess I asked my council what the hellwas going on and he replied 'They're running a little scam, they run a scam oneveryone" and then he physically laughed about it. When Iwent home Ihad tolook up scam because Ididn't know what that meant.

3. The lawyer who disclosed it, Mr. Gibbings. Mr. Gibbings was then in charge ofethics for the Law Society of Saskatchewan. No, You can't make this stuffup.

What happened though was that the President of SGI and Defendants Council then begana campaign to cover up Ms. Bailey's criminal conduct. First off remember this Statementof Claim (#1478 of 2000) was delivered Sept of2000. Mr. Larry Fogg, The NDP party(John Neilson, Minister tor SGI) and other senior council for K.A. Lerner knew about thedetails of this matter then, when the file was transferred to Regina. Disclosure was madea year and a half later! See paragraph #3 above the statuary requirement according tothe Rules Of Court.

9. The question then becomes was there fraud involved in these matters? Or was shesuspended merely because of incompetence? Was she justified in reversing thefindings of SGl's adjusters because of mistakes or incompetence on their part?Was she acting properly and rightly by her Statement Of Defence and theExaminations For Discovery of the other driver? SGI and/or the other drivercertainly had the right to bring the liability of these matters before the courts.ONLY if in fact mistakes were made and the liability in fact was mine.

8. Now there certainly is the possibility that she, Ms. Jennifer Bailey had some sortof nervous breakdown when the disclosure of her conduct came about in thereview of these matters in Regina. Regina is head office for SGI. These matters(files) were transferred to Regina either on Friday Sept. 8th or over the weekend.The next lawyer in these matters D.A. Phillips told me that directly. In tact he toldme that just prior to telling me that he had just been diagnosed with testicularcancer. Which I thought was really odd. But subsequently learned that it waslikely a "sympathy test" on myself.

The following day, Thursday, September 14th I called the Saskatoon offices ofSGIand asked to speak to her. To check and see if she was really on "medical leave". Iwas told that she had gone on "medical leave" effective Monday the 11 th. Onebusiness day after the briefs were delivered, she was suspended from work.I phoned her office every Friday thereafter and she only returned towork the first week of2001. Obviously all of my council thereafter knew this.

7. Well IfI thought this would bring about action it certainly did. The lawyer incharge of the matters for SGL(er .. K.A. Lerner) was suspended for four months.I'm going to be clear here. These legal briefs outlining the criminal conduct ofthese matters was shipped Sept 5,2000 for delivery Sept. 7,2000- a Thursday.The Wednesdayof the following week, September 13, I met with Lawyer TedPriel of Priel, Stevenson, Hood and Thorton in his office in Saskatoon. RememberI had recently fired my first lawyer for refusing to hold defendants council toaccount. After explaining the matter he stated to me "I can't represent you onthose issues because my wife is her best friend" then he added, "She' s just goneon medical leave".

at the time was "1 don't know why you're here Mr. Greenwood you've enjoyedthe benefit of council". If only he knew.

(6) A driver who is assessed a surcharge may raise a dispute withrespect to the assessment of the surcharge by filing with theinsurer at the time the surcharge is assessed a notice in writingin the form prescribed by the regulation ...

(4) The time appointed for hearing the dispute shall be not laterthan 45 days after the date on which the notice is mailed to theperson pursuant to subsection (2)....

(7) A decision of the board pursuant to subsection (6) is final and isnot subject to appeal.

a. The only cell phone provider in that area, at that time, was Sask-tel. Theyhad the records available until December 2000 (testified to at trial by aSask Tel employee). At which time they were destroyed as a routinematter of course. Cell phone records that would have provenSubordination of Perjury AND LIABILITY. Council had the duty andresponsibility to immediately reconstruct the missing file if the files wereincomplete when they were transferred to Regina. Council had threewhole months. By council I mean SGI council, MY insurer and thedefendants insurer.

b. They had the opportunity to get the Outlook Saskatchewan Trialtranscripts where the defendant operator testified and was found guilty. Ifin fact they were not in the file at Sept. 2000.

c. They had the opportunity to examine the entire tile and find out that theregulatory requirement under the Automobile Accident Insurance Act inthe Province of Saskatchewan. The Saskatchewan regulatory laws thatgovern SGI, insurance, the rights of the insured, and policy. To providedocumentation and disclosures were missing in their entirety! The noticesadvising the defendant corporation and defendant driver of his right toappeal. The final determination of the adjusters of liability. Missing intheir entirety!

d. It states under "Driver at fault pays a surcharge" Section 6(6)

11. The time of the accident was an issue here. It was core to the Subordination ofPerjury in the Examination For Discovery. Did the accident occur at night (mytestimony) or at some time during the twilight proceeding full daylight. Daylightbeing the time the defendants truck pulling an overdimenison fanning swatherdown a narrow secondary highway. Collided with my vehicle. The swather withno lights on it. An offence for which the defendants were convicted of a HighwayTraffic Offence, at trial.

10. A year and a half later in June 2002. When disclosure was made and files werepicked clean of ANY reference to WHY liability was decided. Every reference tothe time of the accident. Every discussion between adjusters regarding why theydetermined liability the way they did. There was not a single recorded note, madeby adjusters, from the defendant's owner of the vehicle (a corporation) or thedefendant driver, to them. Regarding a narrative or real debate regarding liability.

IS. In January 2001 when it became obvious that a cover-up was the modus operandiof Larry Fogg and his legal council I began a campaign to ensure that the filth(foul, corrupt, dirty) particulars of these matters would cover the rest of the NDPexecutive from head to toe. I started writing letters, personally deliveringdocuments and sending registered packages of the newly disclosed documents tothe entire cabinet of Lome Calverts NDP government.

14. It was subsequent to this admission and retraction of being liable that thecleansing of the adjusters notes takes place. The failure to disclose documentsauthored by the adjustors. Disclose statutory documents. The fraudulent cover-up.

13. The defendant driver admitted liability not once, but twice. Neither admission ofliability had any, ANY adjusters notes associated with them. A single letter wasdisclosed with a small notation in the comer whereby the defendant driveraccepted liability prior to consulting legal council for the trial of his highwaytraffic offence, When he found out I was seriously injured he phoned back toSGI's offices and then denied liability. See the adjuster's notes section subsequentto this introduction for the complete set of adjuster's notes as disclosed by LarryFogg/K.A. Lerner council.

12. All of the formal statutory notices and associated adjusters letters to thedefendant corporate truck owner and defendant driver were not disclosed.Keep in mind that this is a monopoly insurer. Every lawyer, every judge in thewhole province deals with the same investigatory procedures. The sameregulatory requirements, regulatory notices and regulatory forms. None of whichwere disclosed. The right to appeal the adjuster's final liability decision, i.e. 45days after the notices are mailed to the insured. WAS TWO YEARS BEFORETHE STATEMENT OF DEFENCE WAS FILED! Keep in mind that both thedriver and the corporate owner of the truck. The corporate owner being theoperator's father. Received these statuary notices and both were free to appeal thefinal adjusters decision. In accordance with the regulations. They both paid thesurcharges, accepting liability. Not one of the lawyers I ever retained, met with,or talked to. Ever made mention of the Statutory Forms/requirements andprocedures in dealing with an insurance matter. There is no record of any letter bymy council and the reversal of liability dealing with the statutory regulations andthe associated forms. The Automobile Accident Insurance Act in the Province ofSaskatchewan Didn't seem to exist for them. For Larry Fogg and other SGIcouncil. I never examined these issues till after trial.

Hearing by judge7.2( 1) On receipt of a notice of dispute that elects hearing by a judge.the insurer shall, as soon as is reasonably practicable deliver thenotice of dispute and the prescribed fee to a judge, and the judgeshall upon payment of the prescribed fee issue a notice setting a timeand place for the hearing the dispute.

20. On August 2, 2004 I met face to face with Frank Quennell at his offices at 610Duchess St. Saskatoon he was at that time Attorney General and Minister ofJustice. At that time I knew that many documents had not been disclosed as I had

19. I personally attended Premier Lome Calvert's offices at least fourteen times. HisSaskatoon offices on 22D11 st. W. were only 500 meters from my home. Idropped off every relevant record, finding of law, copy of correspondence withLarry Fogg and everybody else. All delivered to his secretary.

18. The first member of'Lorne Calvert's government that I met with was ChrisAxworthy Then Minister for Justice and Attorney general. At his offices onFairlight Dr. across from the Union centre. As I hadn't really thought this out Iarrived at his oflice without notice and hadn't made copies of the most relevantdocuments. So I explained the fraud, as I understood it at that time. Keep in mindthat my understanding then is far less than immediately prior to trial and less thanwhat it is today. In any event I handed the documents to him one by one andexplained the accident and that the documents didn't bear any relationship to whatwere going on as far as defendants council representations. He looked at me in theface to start. But Mr. Axworthy is of a shorter stature. As we stood at hisphotocopier making copies of the disclosed documents for him to keep. He keptavoiding looking me in the face. I would move from one side of the copier to theother and normally you look someone in the face when you talk to them. He neverasked me a single question about what I had said. Never made any statements.Nothing seemed surprising to him. It occurred to me later that he knew everythingabout these matters.

17. The corruption of government, church or any other monolithic organizationsenabled through the hiding, hoarding and dilution of information. Look at almostevery scandal and the shock of the misdeed is usually out weighed by theshocking cover up tactics. The greatest act of anarchy IMO is the divulging ofinformation. Show to the masses what the elite seek to hide. Under the sunlight offull disclosure the deceitful cannot hide. The greatest threat a free society canhave is their freedom to information being compromised. When you controlcontent you are close to controlling thought.

16. I'll digress for a moment because I want to explain the phrase corruptio optimiest pessima and the term filth above. I have associated those ideas with thiswebsite. This Italian phrase means, "the corruption of the best is the worst". I'mnot suggesting that those who make it into govenunent or the legal industry arethe best. But rather the corrupting effect of power inherent to positions ofauthority. This I believe is the foundation from which the breakdown ofgovernance occurs. Hence some politicians, lawyers, policemen, solders-evenministers of the church- lose sight of their reason for entering their professionsand instead are more concerned with protecting and perpetuating their "lot".Hence the closing of ranks, the use of anonymous power of the collective againstthe complaints of the individuals who dare speak against them.

24. February 9~2004 Mr. Gibbings sent me a letter it states:'Further to my letter to your of February 4,2004, I can now advise that I attendedat SOl's head office in Regina on February 6 and reviewed the file yet again.

23. The meetings with the three adjustors was a total surprise to every one of them.They had no idea there was anything irregular or amiss with regards to this tileand these matters. NO COUNCIL, NO ONE FROM THE CORPORATIONCONTACTED THEM TO INVESTIGATE, RECONSTRUCT AND/ORREPLACE MISSING DOCUMENTS! OR TO QUESTION THEM ABOUTANY REPRESENTATIONS,DOCUMENTATIONSOR DECISIONS. Mr. Reg.Hamonick, and Mr. Al Herman together with Mrs. Heatherington all stated thatevery document would have adjuster's notes associated with it. Those discussionsbetween adjusters arc documented. There was not one single adjusters note thatdealt with any real conversation with the defendant corporation or the otherdriver. NOT ONE!

22. Getting back to why I know the course of action was cover-up subsequent to Sept2000. Looking at the disclosed documents it became obvious that otherdocuments were missing. Documents on the face of them made reference to otherdocuments that were not disclosed. At that time I knew nothing about 10. c, d and11 above, i.e. the statuary requirements. I never figured that out till after trial. Bythen I had retained new council Mr. Darren Armitage, senior partner at his lawfirm. I told him that it was my intention to meet with the adjusters and tape recordthe resulting conversations. I knew nothing about "Examinations for Discovery"knew nothing that these conversations would likely not be admitted. We listenedto the conversations in his office right after they'were recorded. They revealedthat when a driver doesn't accept liability they author a "Decision Request Form"in which the basics of the investigating adjustors facts and reasoning for liabilityis laid out. Its then sent to a senior adjustor to decide final liability. That documentwas not disclosed. The adjustor that I met with Oct. 22, 2002 stated to me that sheremembered the accident and remembered the issuance of a Decision RequestForm. The adjustor was Mrs. Nadine Heatherington.

21. Many other registered letters and regular letters together with the disclosedevidence was sent to other ministers of Lome Calvert's cabinet.

met with the original adjusters from SGI and tape-recorded those conversations.During a ten-minute conversation in the centre of his office I laid the 12-15 mostrelevant documents directly into his hands. Explaining the documents that werenot disclosed by defendant's council. He never asked any questions and neverfollowed up with any correspondence. Never said a word. Subsequent to this Ilearned that my lawyer Darren Armitage sent my complete injury file to him whenthe file was supposed to have been sent to Reynold Robertson at RobertsonStromberg. That letter dated August 26,2003 is in the section "Letters to Calvert,Sontag. Neilson & Cline.

(b) That there were "two Requests for Legal Action DatedNovember 18, 1994from the adjusters dated November18,1994 for which privilege is claimed". A biggerbarefaced lie has not been made in these matters. Thisstatement was solely fabricated and these documentscompletely fabricated by LarryFogg and or K.A. Lerner tocover up Jennifer Baileys conduct.

(a) The letter states "conversation with Mr. Al Hermanconcerning the use of a Decision Request Form". Thespecific references I made time and time again in thesematters was that adjuster Mrs. Nadine Heatheringtoncompletely out of the blue with no knowledge and noprompting on my part said that one was authored. I don'tneed an explanation from Mr. Gibbings as to "the use" ofone. There was a tape-recorded conversation with her inGibbings possession! Filed in an earlier motion!

25. Only a member of the bar can draft a letter like this. Mr. Gibbings doesn't havethe complete file?? He told the Judge just before the trial of these matters that thiswas a "Run of the mill automobile accident. No different from any other." Ifhedidn't have the complete file why was SOl paying for him to go to Regina toreview the file for the third time. Mr. Gibbings said that he was traveling toRegina "consult with SGI on these matters". If this was a run of the millautomobile accident why wasn't he trusted with the whole tile? Mr. Gibbingsdealt with the

I have also checked to make sure that all adjusters notes have been disclosed onthe Statement as to Documents and can confirm for the second or third time, thatmy review indicates all adjusters' notes on the files have been disclosed, with theexception of those upon which privilege is claimed.,.

In the event either you or Mr. Robertson have confused a Decision Request Formwith a Request for Legal Action, which is used when the tile is directed by theadjuster to the Legal Department to tile a Defence the Statement of Claim, thereare two Requests for Legal Action each dated November 18, 1994 and which havebeen disclosed in the second part of the Statement as to Documents as items 5 and6 SOLis claiming privilege with respect to these documents.

There is no Decision Request Form on the tile. I have had a conversation withMr. Al Herman concerning the use of a Decision Request Form Mr. Hermanadvises me that a Decision Request Form is used when the adjuster is unable tomake a determination of liability and wishes to have a review of the matterundertaken by a supervisor. Since there is no Decision Request Form on the file,this indicates that the adjusters were ultimately able to make a determination ofliability.

(j) I believe that they sent Mr. Dietz and Autotran the finalletters holding them liable in accordance with the statutory

(i) Those investigations, all not disclosed.

(h) Keep in mind that I asked AI Herman directly about thosenotations and he stated that those specifics were assigned toa junior adjustor to investigate and get back to him.

(g) I think the adjustors properly determined that the accidentoccurred at night further to the notes on the right hand sideof that document. That they new a highway traffic boardviolation was irrelevant in the finding of true liability. Thatthey ascertained the true time of the accident from theambulance service. Determined that at the accidentoccurred at night and that Mr. Dietz was a liar.

(1) Donald Dietz was convicted in Outlook court June 10th1993. The adjusters at SOl certainly had the opportunity tohave the outlook trial transcripts. Prior to the authoring ofdocument #129 dated June 15, 1993.

(e) Whywas I issued a cheque for mileage, telephone bills,photos, pick up possessions, envelopes, postage,photocopy. To "Determine Liability." Paid out fully on myauto with no deductible.

(d) These matters were done at the claims department when theadjustors paid me a "wage" for determining liability. Whenthe Statutory Documents were sent to the defendantcorporation Autotran and the defendant driver. If in factthese matters were still in the hands of the adjustors atNovember 18, 1994

(c) They admitted liability in the first accident. When Iattended the offices ofSGI to tape record (Oct. 29,2002) the conversations with them regarding thesematters. Mr. Al Herman was totally surprised to hearfrom me. When we had the conversation he pulled thefile up on the computer. He slightly turned the screen soI could see it. He pointed out to the screen and said, ~~Idon't know what the issue is the other driver was heldliable." I saw on the screen a reserve amount of $80,000.This computer record showing the final disposition (SOl'sposition) in accordance with the statutory requirements.

28. So Mr. Armitage sets these matters down tor trial. We leave the courthouse anddon't get fifty feet away and he turns to me and states "1don't know what makes

27. So then I start dealing with my legal council Mr. Darren Armitage. By this timeI'd read the Rules of Court and I instructed Mr. Armitage to conductExaminations for Discovery of the adjusters. To reconstruct evidence andadmissions that were not disclosed. Mr. Armitage told me that "There is noprocedure of law to bring these adjusters into Examinations for Discovery." Thenhe added "I guess we can bring them to trial, we can bring anyone to trial." Ibrought the Rules of Court" into his office and showed him where Examinationsfor Discovery can be conducted for anyone who has knowledge about a matterbefore the courts including non-defendants. Mr Armitage stated to me that in fact"That's not what that means. You have to have "special permission" from thecourts." I asked him how much that would cost and he stated that it would be$5000 and that he wanted that money "up front" because the courts "almostnever" grant such "special permission". But then he added "We can bring themto trial, we can bring anyone to trial."

26. If the adjusters authored such a form the SGI computer would have shownthat. Itwould have shown that Dietz and Autotran appealed the finaladjustors decision and elected trial by judge. As he was entitled to and the"Request For Legal Action" would have been dated then and there.According to the required final notices as required by statute. This was hisand Autotran's second admission of liability. But why let the laws regulatingSGI, regulating auto insurance for ALL insured in the province, that the sole lawfirm then dealing with all legal matters tor the corporation K.A. Lerner. Get in theway of covering up fraud? The same regulations to which EVERY JUDGE,EVERY LAWYERand the adjusters are required to use, abide, adjudicate andwhich have been in effect in Saskatchewan since 1979.

(5) The statutory requirement requires a formal document to bedelivered to the insured held liable. It advises him of his rightsto appeal the decision and has a 45-day time frame. "Thestatutory requirements. "The time appointed for hearing thedispute shall be not later than 45 days after the date on whichthe notice is mailed to the person pursuant to subsection (2) ....(k) A decision ofthe board pursuant to subsection (6) is

final and is not subject to appeaL If in fact the statutoryrequirement passes the 45 day appeal period."

(6) According to the regulations 45 days after the defendant driveris held liable. If appeal is not made, the decision isfinal andnot subject 10 appeal!

regulations. That the 45-day period to appeal was upprior to the Outlook trial.

f. Now October 20, 2004 rolls around and SUI has a new NEWSRELEASE -637 SGI WITHDRAWS RATE PROPOSAL,INCREASES SAFE DRIVER DISCOUNTS "Schubert said."Just as we

e. The reason submitted to the Saskatchewan Rate Review Panel is basedupon" external actuarial estimates of claims costs arising from 2003claims estimates." The amount totalled $100 million dollars. The externalactuary was Pricewaterhousecoopers in Toronto.

d. July 14, 2004 SGI announced a 10% rate increase effective the first of theyear 2005 to "cover the cost of claims". This would amount to $28million, on an annual basis. So how does a president of the corporationtogether with the NDP party's executive who hired him, conceal thebudgeting for a massive fraud from the corporation itself? After all thecorporation has its own actuaries in house. What is an actuary? Simplyput an actuary is a professional responsible for analysing the possibleoutcomes of the types of events that could potentially causepolicyholders to make claims against their insurance policies.

c. Trial is set for the weeks of October II to the 22nd 2004.

b. The settlement proposal was rejected about two weeks later. About June7th•

a. May 25th rolls around and Council for SGI makes a final settlement offerof $100,000 included in the appendix along with a synopsis of my incomeover the period of this claim and the total bill paid and owing to legalcouncil for the "benefit of council" put some sarcasm here in thatrepresentation.

30. On April 19,2004 a News Release from SGI was released to the public #166 thetitle to the release was SGI POSTS STRONG FINANCIAL RESULTS IN2003 The full release is in the appendix to this introduction. It states that thecorporation has a strong financial turnaround going from a loss of $11.3 million in2002 to a profit of 21.2 million in 2003 The rate stabilization reserve increased to$14.4 million.

29. So I made the representation at the start of this introduction that this fraud likelyonly involved Mr. Larry Fogg, council and the executive ofthe Lome CalvertGovernment. The ministers aforementioned and ones within this website. That itdidn't involve others within the corporation and almost certainly not the Board ofDirectors of the corporation.

you think we can bring these adjusters to trial". Well I exploded and related tohim verbatim the conversation above. I fired him the next day.

Dave Stupich, the former B.C. NDP cabinet minister and one-time MP for Nanaimo­Cowichan, was 84. The cause of his death was not released.

29. NANAIMO - One of the central figures in the Bingogate political scandal of theearly 19905 died Wednesday.

32. In Canada now in the Province of Quebec there is a big corruption scandalunderway. Hundreds of millions are involved. The corruption, involvingkickbacks and payoffs have run for decades. Testimony reveals ... surprise ... a"code of silence". Over 1000 charges laid, over $50 million in offshore accountsfrom one mayor alone.

a. Superintendent Bergennan was a down to earth honest cop if there everwas one. His attitude reminded me of the judges in the industry. Far, farremoved from what really goes on. His only suggestion was to "Just getyourself a lawyer, they'll take care of everything." Exhibit #310 in themain motion. No police service will investigate SGI for fraud based uponany civilian complaints. Too bad the RCMP is not required to read thatbook (above) on an annual basis. Perhaps a provincial regulation shouldrequire that?

b. The other was an honest lawyer. He said that a lawyer couldn't refuse torepresent a client on any specific issues of fraud or negligence arisingfrom a legal matter. His explanation was that a lawyer has a duty topursue any negligence in a matter to tbe benefit of a client on a cost­effective recovery basis. But his summary statement was amusing. Hestated, "You can't take the gravy and hold your nose to the stench". Hewas retiring in a few months and so refused representation.

c. With reference to my first lawyer and the Macl.ean's story. Yeah, I foundout subsequent to hiring him that he had been fired from a previous lawfinn for describing to a client how he received oral sex from someone inhis office. The client didn't think it was amusing.

31. I have included a Macl.ean's article with this introduction. It gives a completelyaccurate description of the conduct of the industry in Canada. Based upon a bookentitled "Lawyers Gone Bad: Money Sex and Madness in Canada's LegalProfession" Ihave included an ASIDE within it with more stories of corruption ofthese matters and the industry. Ialso included the letters exchanged with thenumber one RCMP commander in the province. I sent so many letters to theRCMP that they finally contacted me to arrange a meeting.

g. October 20, 2004, well that's the last day of the trial of these matters.So $100,000,000 in claims were resolved in 98 days arising from"2003" ending on the last day of the trial of these matters.

are withdrawing the proposal today with the best possible financialinformation we have now".

33. I include #28 and #29 above to illustrate that corruption hides behind mostcorners. Its that with the legal industry there has NEVER been a Serpico.Perhaps with the exception of Mr. Philip Slayton (see the interview in theappendix for this introduction). Except with Mr. Slayton he just quit in disgust

But after a tip that something was amiss from the head of the NanaimoCommonwealth Bingo Association, RCMP launched an investigation. It foundStupich ran kickback schemes in which donations to charities were refunded toNCHS. In 1999, Stupich, then 77, faced 64 charges, including theft, fraud, forgeryand breach of trust. He pleaded guilty that year to fraud and running an illegallottery, involving the misappropriation of about $1 million from the NCHS. Hewas sentenced to two years, serving it on electronic monitoring at his daughter'shome in Nanaimo.http://WVv.W.canada.comlvancouversuninews/westcoastnews/story.html?id=a298cd75-8b5b-434f-afbb-5e262982b97b&k=39825 So steal a million from charitiesand never do a day in jail.

In the late 1950s, Stupich set up and controlled the Nanaimo Commonwealth HoldingSociety, which raised funds on behalf of the NDP.

Former Ladysmith-Cowichan NDP MLA Jan Pullinger said that, apart from his troubleswith Bingogate, Stupich served his community well. During his years in public office,Stupich played a lead role in the development of Malaspina University-College, BebanPark recreational centre, Neck Point Park, Newcastle Island Provincial Park and in thesetup of the Islands Trust and B.C.'s Agricultural Land Reserve.

"When I think in terms of Dave and his career, I think in terms of great tragedy," he said."Here was a guy who, until a series of events late in his political career, was universallyadmired and respected. How sad his career ended as it did. He did more good than bad,that's for sure."

Dale Lovick, who was the NDP MLA for Nanaimo from 1986 through 2001 and shared aconstituency office with Stupich, heard of his death with sadness.

Provincially, he held two cabinet posts, serving as minister of agriculture and minister offinance. He did not seek re-election in the 1993 federal election.

Stupich was elected to the B.C. legislature as MLA for Nanaimo-Cowichan in 1963 andspent the better part of the next 30 years serving as an MLA or MP tor the Nanaimoregion.

The scandal led to the resignation of premier Mike Harcourt, though he was notimplicated.

Once revered as one of the most powerful politicians in Canada, Stupich was shamedpublicly after masterminding the Nanaimo Commonwealth Holding Society bingo scam.

Concealment17The limitation periods established by this Act or any other Act or regulationare suspended during any time in which the person against whom the claim ismade:(a) wilfully conceals from the claimant the fact that injury, loss or damagehas occurred, that it was caused by or contributed to by an act or omission orthat the act or omission was that of the person against whom the claim ismade; or(b) wilfully misleads the claimant as to the appropriateness ofa proceedingas a means of remedying the injury, loss or damage.2004, c.L-16.1 ~s.17.

(b) From the Limitations of Actions Act in the Province of Saskatchewan(3.1) A person is not governed by a limitation period and may at any time bring anaction for trespass to the person, assault or battery where:(b) at the time of the injury(ii) the person was in a relationship of financial, emotional, physical or otherdependency with one of the parties who caused the injury.

(a) Canada has just come out with a 10-year passport this summer. SGI justintroduced a five-year divers licence. Leaving my job. Leaving my family andhome. Leaving the country. Disclosing my personal medical records. Allnecessary actions to smash this filth. These matters, this website are hosted onoffshore servers that do not recognize Canadian Court orders.

36. Perhaps the criminals involved in these matters think they have escaped.

35. In Saskatchewan, in the City of Regina there was a city cop just charged withtheft of material. He stole an iPad and gift card from the evidence locker. Thestory in the final appendix. The Chief of Police is naturally appalled at this and heappears to be a genuine "bad apple". He will likely be fired and serve some jailtime. Yet with lawyers, over billing is endemic. Over billing is theft. For lawyersa lie to a client can cost them tens if not hundreds of thousands of dollars.Lawyers are never disbarred for theft, never disbarred for lying. Never held to thesame standards that the average citizen is.

34. Francesco Vincent Serpico (born April 14, 1936) is a retired American NewYork City Police Department (NYPD) officer who is most famous for testifyingagainst police corruption in 1971.illMost of Serpico's fame came after the releaseof the 1973 film Serpico, which starred Al Pacino in the title role.http://en. wikipedia.orglwiki/F rank Seroico

and wrote a book about the industry. He never took the steps to expose thecriminal conduct in the courts.

a. During the time this legal battle went on Iwas diagnosed with depression.When Ibecame embroiled in this tight to receive the proper benefits of

40. Finally the question is WHY did I take so long to bring this corruption andcriminal conduct to light? Why contact the government of Brad Wall, thePresident of the Corporation, the Board of Directors of the Corporation, theprovincial members of the cabinet, the provincial members of parliament, thePrime Minister of Canada, the federal justice minister and the provincial ministersof justice, now?

a. The biggest reason for sure is that no member of the bar will makethemselves available to pursue the negligence of another member of thebar.

b. Most people don't know the law and the procedures of law. They willgive up after a couple lies from lawyers.

c. SOl is a crown jewel for the NDP. Low cost auto insurance is core to theirpolicy and beliefs about crown corporations. That's why this rate increasecould only have been tied to the NDP executive. They would normallyfight, examine and question any rate increase.

d. They had the complete injury file and all the evidence. No disclosurehad been made.

39. As to why these matters transpired the way they did. Why did Larry Fogg take onwhat was a liability of a subcontracted law firm, K.A. Lerner. They, they beingChris Axworthy, Lome Calvert, John Neilson together with Larry Fogg and a fewothers. Because they thought they could get away with it.

38. Council for the defendants Mr. Gibbings sent Mr. Armitage a letter stating that hewould oppose every motion to bring the Adjusters into Examinations ForDiscovery. He did. He also made two rather interesting comments. The first waswhen we were exchanging documents in his office. Out of the blue he said to me"Do your think its possible to make a mistake." 1replied "Sure, but your apologizeand then offer to make it right". The other was just before trial started at a finalmotion hearing. He stated to the trial judge that this "Was a run of the millautomobile accident. No different from any other." Well he was right about onething. According to my first lawyer the lawyers for K.A. Learner "Run a scam oneveryone."

37. For the readers in Europe, Africa, and South America who may wonder if thecourts are corrupt in Canada. To this I say no. But there is a substantive bias infavour of the government and in favour of the industry. Idoubt that WilliamF. Buckley Jr., one of the best wordsmiths ever. Could get the approval of thecourts for a motion opposed by council for SGI regardless of the merits.

(c) That ignores the concept that there is, or should be, a statute oflimitations forfraud when members of the bar act to participate, cover it up, or fail to act.

42. There is NO CURRENT MECHANISM to address the fraud, corruption andcover-up of these matters. I personally contacted over FIFTYlav-.'Yers and lawfirms including British Columbia, Alberta, Saskatchewan, Manitoba and Ontario.The standard operating procedures of this industry is Canada wide. The procedureto deny any representation where criminal conduct involves a member of the bar.Canada wide. The industry is a Kafkaesque place where policy by governmentsis protected when it benefits policy or the industry. I guess you could call mestupid for going past lawyer number three. How does that saying go "Fool meonce shame on you... " Well you get the idea.

41. This website goes online mid August 2013. Itwill be updated with all the namesof persons who have been advised of these matters. i.e. received an advance dvdof all of the information on this website and records of service about September I,2013.

a. It will be updated one year later to document the trading partners of theprovince of Saskatchewan who have been rightly advised of itsKleptocratic nature.

b. As at August 2014, it will illustrate the various acts of civil disobediencenecessary to bring an end to this corruption.

c. As at August 2015 it will document the civil disobedience at the ... Wellyou get the idea.

insurance. It got progressively worse. When I had to spend more onlawyers than I was earning. When I had to fight with everything I had, thecriminal predations of gangster lawyers and provincial politicians. Mydepression got worse and worse.

b. In fact it became so bad that headaches and depression became one andthe same. Became so bad that I was in fact medicated for over five years.

c. The depression beeame so bad that I was diagnosed with a brain injuryand in fact the pleadings of these matters were amended by my last lawyerto in fact state that. None of this mattered to the criminals that preyedupon me for a decade.

d. SGI paid for these prescriptions for the whole time Larry Fogg and thelawyers of K.A. Lerner were preying upon me. It didn't appear to modifytheir conduct in any fashion. Didn't appear to cause them concern for thepain and suffering they were causing me.

e. I finally feel better mentally and my depression is finally fully undercontrol. I feel that I can take on another multiyear battle with corruptionand the gangster conduct of those who fail to recognize their lawfulduties. Those who feel the weak, the injured and the vulnerable in societyare to be preyed upon for the protection of the criminal conduct of theLords and Ladies in waiting. For all the peasants out there. In the Courtsof Queens Bench, male judges are given the honorific term "Lords" andfemale judges "Ladies". Lawyers-hence Lords and Ladies in waiting.

a. You can start a fundraising campaign to help me spread the word on thesecrimes. To help me get to the Hague, to pay for printing, travellingexpenses, etc.

b. You can spread the address of these sites v."W"W.stinkinglaw"Vers.comandwww.stinkinglawyers.ca far and wide. Via twitter, facebook or any socialmedia, spread the word.

c. You can let the courts of Canada, the law societies of Canada, the lawfirms in Canada, the elected officials in Canada know that corruption and

46. To all other Canadians of good conscience who come to this site. Who have aninterest in justice. An interest in personal integrity and the good governance of thestate. I NEED YOUR HELP! To every person who comes to this site and isrepulsed by the conduct, disgusted by the corruption and predations upon myself.I need your help. Be you an American, a New Zealander, an Australian, Britishcitizen, European, anyone, and anywhere. HELP!

45. The exact same duties and obligations apply to the federal government. Apply tothe ministers of the Government of Canada with Prime Minister Stephen Harper.They have been informed of these particulars. Together with his cabinet andrelevant elected Members of Parliament.

44. The Statement of Claim carries the duties to my insurer to protect me. Mycontract with them the same duties. The law and precedent of which are well­spaced thought these matters. The entire particulars of these matters have nowbeen turned over the current President of SOl, the Government of Saskatchewan,Premier Brad Wall, and the Saskatchewan Party. IT IS UP TO THEM TO PUTTHE FULL RESOURCES AND AUTHORITY OF THE CORPORATION.THE FULL POWER, RESOURCES AND AUTHORITY OF THEPROVINCE OF SASKATCHEWAN TO BRING JUSTICE TO THESEMATTERS.

43. For the employees, adjusters and staff of SOLthere is a separate appendix at theend of the main motion. Just for your consideration. They only contain thedisclosed records relating to liability, i.e. every single record not involving thevehicles themselves. Every employee of SOl needs to discuss these matters in theworkplace. Needs to consider the damage to the corporation when fraud,obstruction of justice and cover-up are the order of the day. If you're not familiarwith the claims procedure talk to the adjustors. Don't be mislead by anyone whosuggests that the criminal use of the corporation and its good name will not affectyou. If management cut your paychecks by 50% to pay for this fraud, you wouldtake notice. You need to get after the Board of Directors, the Government ofSaskatchewan and the president. To separate and distance the high standards ofthe corporation from those of a rogue president, lawyers out of control andstunningly stupid decision making by the administration of Lome Calvert. Youneed to take some action as a body.

gangster predations upon the weak and vulnerable is wrong. Teach them alesson when you tell them.

d. You can look up the criminals in these matters and show them the errorsof their ways.

e. Set up a companion website to allow the discussions and blogging on thisgangster conduct. On other legal and political corruption in Canada and inyour countries. Discuss ways to use information technology and the webto punish those who the courts and the legal industry won't punish.

f. You can use your artistic inclinations to put up you-tube video caricaturesof the lawyers, politicians involved in these matters to illustrate theirintegrity. Illustrate the integrity of the law society officers across thecountry.

g. Use your imagination to educate those who lack integrity. In ways thatonly they are likely to understand.

As you point out, in 2004 only 44 per cent of Canadians said they trusted lawyers,whereas two years earlier, 54 per cent said they did. Why do people dislike lawyersso much?Lawyers are seen as greedy, and in good measure I think. that's a justifiable criticism, andalso unprincipled. Thirdly, and this is perhaps the most important point of all, the averageperson has no real access to lawyers, to the legal system, to justice. It's all right if you're

This isn't just a Canadian problem, either. On my desk I have an editorial from a SouthAfrican magazine which begins, "Let's face it, our legal system has effectively collapsed... One of the more obvious reasons is the culture of greed, pride and self-indulgentarrogance that pervades the legal profession." Then there's this gem from the South ChinaMorning Post about a client who asked for a breakdown of his legal bill, which includeda charge for "recognizing you in the street, crossing a busy road to talk to you to discussyour affairs, and recrossing the road after discovering it was not you."

Do you think most of the lawyers you write about started off bad, or did the practiceof law change them?Why do people end up doing things they shouldn't do? Their upbringing, theirbackground? The point is, I don't think there's anything in the legal profession now thatrestrains people's bad impulses, I don't think there's a generally accepted code of conductor a vibrant disciplinary system.

It's hard to imagine a book titled Lawyers Gone Bad: Money, Sex and Madness inCanada's Legal Profession(Penguin)is going to be popular with your colleagues.Why did you write it?I know lawyers are going to say, "Come on, he's talking about 15 or 20 members of aprofession that has 90,000." But in telling these stories I'm trying to extract general ideas:the amoral nature of legal practice, the gross deficiencies of the regulation of lawyers, thesense of misery that pervades the legal profession.

Ex-Bay street lawyer talks about how lawyers became greedy, unprincipled enablers ofthe rich

Interview with Philip Slayton

In this week's issue of Maclean's, Kate Fillion talks to ex-Bay Street lawyer PhilipSlayton. author of Lawyers Gone Bad: Money. Sex and Madness in Canada's LegalProfession, about how lawyers became greedy, unprincipled enablers of the rich. In thisexcerpt, Slayton explains the ethics of sleeping with your client and tells hisfavouritelawyerjoke. (Warning: Saidjoke is not legally obligated to makeyou laugh.)

Kate Fillion I Ju126, 2007120:10:57

A top legal scholar exposes the corruption of his profession

Lawyers are rats

What kind of ethical dilemmas does the average lawyer face?The average lawyer in a big finn practice faces the requirement to put aside whatever kitbag of values, principles and ethics he may personally subscribe to and concentrate onmaking it possible for clients to do what they want to do. No client comes into a lawyer's

You left teaching to practise at a big Toronto law firm. Did your time in theclassroom prepare you?Not at all. The world of the law school and the world of the big downtown law firm aretwo very different worlds.

How does that bleed over into their private lives?I'm not sure of the answer to that, except to say that I think it does. There are studiesabout the marital success of lawyers, indicating that there's a higher divorce rate amongmembers of the legal profession, and that may be true. The reason, I think, is that whenyou come home from the office, you don't become a different person. You don't shed allthe ways of doing things and thinking about things that preoccupied you during the day.[I can imagine] a wife making small talk and a husband cross-examining her as thoughshe's on the witness stand: "What evidence do you have to support the fact that there'ssomething wrong with the furnace?"

You taught law for 13 years, both at McGill and the University of Western Ontario,where you were the dean of law. Is there something about legal training that nudgeslawyers toward amorality?Yes, I think so. Law students are taught and lawyers subsequently believe that it is nottheir job to pass judgment on their clients as people, or to pass judgment on what theirclients want to do. Lawyers are enablers. They are there to try to do what their clientwants, and are in many cases paid handsomely for it. The whole question of the valuesbehind the rules of the legal system is not on the whole of great interest to law schools orthe legal profession. And there's an additional point: lawyers are taught to manipulate therules in favour of their clients. If you're a manipulator of rules, then you can't respect therules as such or believe that they incorporate important values.

How has the legal profession changed in Canada over the past few decades?In very general terms, it has become a business: interested in profit, not interested inmaking judgments, not interested in providing access to poor people or even middle­income people. The old ideas -- that lawyers have something to do with justice andfairness, and are part of an important system that provides a stable, safe, law-abidingsociety -- have, to the extent that you can generalize, been lost by members of the legalprofession.

very poor and have the kind of problem that legal aid will help with, but most Canadianshave middle-class incomes and simply can't afford to hire a lawyer. The chief justice hasspoken out about this, but very little is being done to rectify it. It's fundamentallyundemocratic, It's as if somebody tried to pass a law that said you can't vote in a federalelection unless you have an income of$100,000 or more. Well, there would be arevolution.

Lawyers are no longer at the top of the socio-economic totem pole. They're waybelow, say, investment bankers. Does that engender anxiety?[ think it does, there's a kind of economic voyeurism that takes place and generates a lotof discontent. Of course, the legal profession is big, and there are people in Canada whomake $2 million a year and there are also people just scraping by. But looking at the topend, many corporate lawyers at big firms make what most people would regard as apretty handsome living, yet they look at their clients and think, "They're making moremoney than I am." And then perhaps they'll add, "And they're doing it because of all theclever ideas I bring to them. It's not fair!"

Did you ever pad your bills?My carefully considered answer is that I was part of the legal culture of the times and Idid what it demanded.

Do lawyers talk about over-billing amongst themselves?Any lawyer you ask will say, "We don't do that." First of all, you can get disbarred. Andsecondly, itmight arguably be a criminal offence. a fraudulent activity. But there's ageneral recognition that it happens very widely. I remember once standing on a streetcomer with a prominent Toronto lawyer at nine in the morning, and he said, "Everylawyer in this province is going to go into their office today and commit fraud, II thenlaughed. Another lawyer told me he was in favour of what he called "portal-to-portalbillings": he was in the office from 8 a.m. to 6 p.m. and figured that one way or anotherhe had to bill 10 hours, which of course doesn't allow much time for bathroom breaks, orlunch, or doing something pro bono, or even gazing out the window. There are a numberof ways you can gently, but over time, significantly inflate your billable hours. It's a largeunderground problem.

What should you do if you get a lawyer's bill and the number of hours seemsridiculous?The first thing you can do is refuse to pay it. People certainly do challenge bills, and oftensome kind of accommodation will be reached. Ultimately, you can take your bill to anofficer of the court who will adjudicate on the fairness of it. But [ think there always willbe a tendency to pad bills, and it's because of the pressures lawyers are under to generaterevenue for their firms and themselves. In big firms, there's an accepted number ofbillable hours a year that people have to reach, about 1,800 hours. If you're consistentlyshy of that. you're going to get into difficulty.

There's a big incentive for lawyers to pad their bills, isn't there?Yes, and it's common practice. It's easy to round up. It's easy to reflect on what you'vedone during the day and say you've worked for seven hours rather than six.

office and wants to have a discussion about whether it's a good thing or socially desirableto do this, that, or the other. And they'll seek another lawyer if you try to have thatdiscussion.

Is this book your penance?[laughs] No. Do I think it will lead to some kind of significant reform of the legalprofession? Of course not. It's beyond anyone person's ability to do that. Do I think somekind of significant rethinking of the profession is in order? You bet I do.

Is there something else you should have done?Oh yes, but I'm not going to tell you. I find myself increasingly in the role of critic of thelegal profession, but I've spent my life as a lawyer. Iwent to law school in 1966, I'vebeen in the legal profession one way or another for 41 years, it gives me no pleasure atthe end of all that to look back and say, "Oh God, this was not a good way to spend mytime."

Why did most of your students go into law?A lot of people don't like lawyers and would be horrified if their child came home andsaid, "I want to be a lawyer." But it is a profession, and one with the potential ofgenerating a significant income. It gives its members a certain power, the power ofknowing something that other people don't know. And there is a kind of glamourassociated with it. Look at all the television programs that deal with the law -- people arefascinated with this process, even though they're deeply suspicious of lawyers. And Ithink in many cases, certainly this was true in my case, people went into law because theycouldn't think of anything else to do.

The same could be said of many jobs, like banking or even journalism.No doubt. But I think there's more to it for lawyers than simply stress. If you're a doctor,you may have a hell of a day, but at least you can be comforted by the idea that in somesmall way you improved the general state of society. I don't think you can believe that ifyou're a lawyer. Ihasten to add that legal practice is very diverse, and there are lots ofdifferent kinds of people practising law, and this is not true of all of them. But it's true ofa lot ofthern. You come home at the end of the day and say, "Why did Ibother doingthat? What I've really done is make rich people a little bit richer, maybe, and as a result ofthat 1can send them a big bill. 'I This is not a good way to spend your life. After you getover the initial drama of this high-stakes environment, you're left with the feeling that thisis a pointless occupation and you should find something more worthwhile to do.

Why are lawyers so miserable?If you practise law you're plunged into what is by its nature a highly competitive, highlystressful environment that sucks up most of your time at the expense of things that mostpeople think go a long way toward making life worth living, such as spending time withfamily, or reading a book.

You quote a former law clerk to a U.S. Supreme Court justice as saying that lawyerssuffer from "depression, anxiety, hostility, paranoia, social alienation and isolation,obsessive-compulsiveness and interpersonal sensitivity at alarming rates."And those are the well-adjusted ones!

Is yours a widely held opinion?I haven't heard people rising up to complain about this. In the United States, by the way,disciplinarymatters in just about every state are heard by courts, not by panels of the barassociation, which is how it should be. I think Canada really has to get its act together.Look at the reforms in the U.K., which woke up some years ago to this problem and[adopted] quite sweeping reforms that largely removed self-regulation from the legalprofession. Why in heaven the same sort of reforms are not under consideration in thiscountry I do not know, except that self-regulation is regarded with quasi-religiousfervour.

What happens to lawyers who steal? How is the profession regulated?The disciplinary process of the law societies in this country is deeply flawed. Lawyers aredisciplined for breaches of professional rules, but it's like so much in Canada: everythingdepends on where you live. What can get you disbarred in Alberta won't have mucheffect on you at al1in, say, Nova Scotia. The first difficulty with the disciplinary systemis that if you're a lawyerwho's alleged to have stepped afoul of the rules, you'reinvestigated by the law society. If they decide you're a transgressor, they'll prosecute you,they'll hire a lawyer to do that, and the disciplinary committee itself is the law society. Soyou have the investigator, the prosecutor and the judge all essentially representing thesame institution. I thought in this country we had a fundamental principle, that the personwho investigates and prosecutes isn't the same person who judges.

Well, is it self-destructiveness or is it arrogance?Arrogance is part of it. Ifyou're taught how to manipulate rules, you lose respect forthem, and that leads to a kind of arrogance: I'm bigger than the rules, I'm not theaverage man on the street who needs to be law-abiding because I know how to getaround the rules. And there may be just a touch of the more common form ofarrogance, too, which is "I'm smarter than they are, they'll never catch me." Butyou can be arrogant and still have a healthy sense of what's good for you, and whatdangers you shouldn't rUB.I have some speculation about why people behave this way,and one reason is simple boredom. When people are bored, there's a tendency to takerisks.

So many of the lawyers you write about wound up stealing from their clients orbilking their firms. But greed wasn't always the motive, was it?No. I first got interested in this whole subject in 1989 or 1990, when I was a juniorpartner [at Blake, Cassels & Graydon]. The most prominent partner, Bob Donaldson, anationally if not internationally respected lawyer making lots of money, was suddenlyfound to have had his hand in the till. That was a startling fact in itself, but here's thething that puzzled me most of all: the amounts of money involved were relatively minor.It wasn't as if millions and millions had disappeared, it was more on the order of usingmoney improperly to buy airline tickets to go to Bermuda for the weekend, penny-antestuff by his standards. Why would somebody risk everything -- reputation, friendship,professional status, even potentially freedom -- for that? It certainly wasn't greed. And innearly every case I write about, the lawyers didn't do it, for the most part, for money.

Who stands out in your mind as being the worst of the bad lawyers you wroteabout? I'm guessing you're going to say Ingrid Chen, the Winnipeg lawyer.There's no doubt that she behaved abominably. She's now in prison, because it wasestablished that she hired enforcers to beat up clients who upset her, along with a wholevariety of other things. But the behaviour was so bizarre, so manifestly self-destructive

Is it common for lawyers to become enamoured of their clients?Oh yes, very much so. I think lawyers can have a hero worship of their clients. Think ofthe whole Conrad Black trial, that poor Mark Kipnis who will probably go to jail becausehe did what the boss told him to do. It's [a case of] the dull old lawyer with thecharismatic client who says "Do this, do that," and does the lawyer say, "Just a minute sir,this is not right"? No, of course not, because dull people can easily fall under the sway ofcharismatic people. I think quite a lot of that happens in the legal profession, though Ihave to emphasize that there's a lot of difference between fa big firm] at Bay and King inToronto and the single practitioner in Goderich. If you have an important client, a ConradBlack or somebody like that, who says he wants to do something but you refuse, he'll justsay, "Fine, I'm sure the law firm across the street will do it." If your important client, whois also a big source of revenue for your firm, walks out the door, well, it's not going to begood for your career. It takes a very strong and principled person to do that, particularlywhen you consider that the law is very complicated, and it's not always absolutely clearwhat's right, what's wrong, what can and cannot be done. That makes it easier to say,"Well, let's try it out and see what happens."

You talked to quite a few lawyers who've been caught doing something wrong. Howmany of them actually expressed remorse?On the whole, there was not a whole lot of remorse expressed. I don't think these werepenitent people who were terribly ashamed of doing a bad thing. Take the case of MartinWirick, the B.C. lawyer who was involved in a massive real estate fraud, I think it's thesingle biggest legal fraud that Canada has ever experienced. It wasn't as if he wasstockpiling money to run off to South America. The most he ever got out of it waspayment of very ordinary legal bills, and in fact I don't think the client ever even fullypaid them. So he didn't do it for money. When I talked to him, he said things like, "Oh, Iwas just so tired, I just didn't give a shit, I was unhappy, I hadn't had a vacation in years."What he did not say was, "When I think back on what I did, I'm so sorry about it, I'm sosorry about people who lost money as a result of my activities." I think he was hapless, abit of a schlemiel, and his client was a charismatic, glamourous person.

What's the basis of the opposition to anything but self-regulation?The ideological underpinning is that a fundamental responsibility of the legal professionis to help citizens fight the state. It's an important offsetting influence to the power of thestate, and therefore cannot be regulated by the state, because then it will tend to becomesubservient to it. r just simply reject that. There are all kinds of other ways that you couldensure independence when it matters, and there are all kinds of ways you could getadvice from lawyers without giving them final say over what happens. And in any event,lawyers only regulate themselves pursuant to legislation that is passedby provincial legislatures, which they could change tomorrow.

(ASIDE from story: So I was meeting with my first lawyer one day, Mr.Turple and he told me that he was going to the Cook Islands. I'd heard of the CookIslands and knew that they were in the middle of nowhere-central Pacific Ocean. I askedhim "Why are you going there?" He laughed, smiled and replied "Because its free ." Inshocking surprise I asked him "How do you get a tree trip to the Cook Islands?" He justsmiled, gave a little chuckle and never replied.

Why are lawyers now so instrumental in money laundering operations?There's recently been a whole spate of national and international rules about moneylaundering, trying to get rid of it because it promotes organized crime. In Canada, lawyershave resisted, successfully, application of those rules to the legal profession. To simplify,they've said, "You cannot oblige us to report cash transactions to a government agency" -­which, by the way, banks are now obliged to do -- "because to do that would be afundamental violation of solicitor-client privilege." Meanwhile, those who know anythingabout this, like the auditor general of Canada and various high officials in the RCMP,have said that partly because they're largely exempt from these rules, lawyers canbecome, and some have become, agents of money laundering. You go to your lawyerwith cash because he's exempt from these rules. The law society will say, "No, no, no, wehave rules about this, any cash transaction over a certain amount has to be reported to thesociety." But there certainly isn't the full oversight by federal authorities that you find inall other areas where financial transactions happen. I think invoking solicitor-clientprivilege is nonsense. If you're a lawyer, and somebody walks into your office and sayshe's going to buy a house and needs to put a $50,000 deposit down, and here's a briefcasefull of cash, would you not think, Hmmm, this is very unusual? It's not some massiveencroachment of solicitor-client privilege to address this issue. It's just plain commonsense.

and likely to lead to catastrophe, that you can't just say she's a bad person who got what'scoming to her. It's more that she has some deep problems that need to be sorted out. Aninteresting case is Michael Bomek, a criminal lawyer based in Flin Flon, Man. with alargely Aboriginal clientele, who was thought to be a creative and gutsy lawyer whofought against an RCMP detachment that was thought to be racist, and indeed there wassubsequently a government commission that found it was racist. He was a notable figureand something of a hero, almost. And then it turned out that he had been having sexualrelations with some of his male Aboriginal clients. The RCMP accused him of sexualassault and indeed he pled guilty, went to prison and was disbarred, though for otherreasons. I went to Flin Flon and to the reserve and I wound up feeling sorry for him, Ifound him quite an engaging character. I wrote [an article] about him but subsequently hegot into all kinds of other trouble. He got out of prison and was running a hot dog stand inPrince Albert -- where's Monty Python when you need them? -- but he wasn't just sellinghot dogs, he was selling marijuana. The police busted him. But then the whole thing tooka sinister turn, he was charged with further sexual transgressions involving children andwas convicted of some of them. You look at this guy and there's a lot, dare I say it, toadmire, certainly in his early career. But perhaps, as the Crown attorney who prosecutedhim the first time around told me, he's a psychopath. I'd be very surprised ifhe had theslightest little bit of penitence in him.

The CBC has obtained a tax form that shows in 1999, a year after Merchant set up thetrust account, of which he is a beneficiary, he did not disclose ifhe had foreign assets ofmore than $100,000, even though "he had put more than 1.7 million dollars into hisoffshore trust by then," the network reported.

The CBC, through analysis of these documents, alleges Merchant, a former member ofSaskatchewan's legislative assembly, has repeatedly fought Canadian tax authorities incourt while sending "large sums of money far away," to a firm called Portcullis Trustnetbased in the Cook Islands in the South Pacific.

· Cracking down on offshore tax dodgers should be budget priority: Editorial

· Europe's economic crisis: How the rich avoid paying their tax bill

· Senate financial data

· Federal budget 2013: Tax loopholes, hidden offshore monev targeted

More from thestar.com

Those Canadians are among the 130,000 individuals from more than 170 countries whoseoffshore investments were uncovered in "corporate files, emails, account ledgers, andother records" representing 260 gigabytes of data obtained by the ICIJ in a project theycalled "Secrecy for Sale."

An in-depth investigation based on 2.5-million documents obtained by the Washington­based International Consortium of Investigative Journalists and shared with 38 newsorganizations, shows 450 Canadians have money hidden offshore.

Prominent Canadian lawyer Tony Merchant, married to Saskatchewan Liberal SenatorPana Merchant, has stashed at least $1.7 million in a sunny offshore tax haven - cloakedin secrecy, the CBC and Radio Canada has reported.

By: Julian Sher and Tanya Talaga Staff Reporters, Published on Wed Apr 032013

The CBC says Canadian lawyer Tony Merchant, married to Saskatchewan LiberalSenator Pana Merchant, has stashed at least $1.7 million in a sunny offshore tax haven -cloaked in secrecy.

450 Canadians have money stashed in offshore accounts, including lawyer TonyMerchant, CBC says

Canadian Senator Pana Merchant's lawyer husbandstashed $1.7 million offshore, CBC says

Luxembourg is another known tax haven, one that is expected to receive an influx ofinvestors after bank restructuring in Cyprus. The LOMwebsite says it is one of the

Merchant also had Trustnet put money into a Bermuda bank account connected to LinesOverseas Management and some of that money was used to buy mutual funds in thesmall European country of Luxembourg, the eBC said.

The documents, which the Star has not seen, further allege Merchant retained "activeinvolvement" over any investment decisions, the eBC reported.

In order to be tax-exempt in Canada, an offshore trust is not supposed to be controlled bya Canadian taxpayer. However, the eBe said Merchant decided to be the trust's"protector," a move the network said allowed him power over it.

The documents revealed by the CBC indicate the trust account, set up in 1998, was calledthe "Merchant 2000 US Trust." Senator Pana Merchant and the couple's three sons werelisted beneficiaries.

An individual at the Regina office of Merchant's law firm told the Star he was"unavailable." Messages left at his Regina home and at the senator's office Wednesdayevening were not returned.

The CBC said attempts to reach Merchant and his wife were unsuccessful.

Merchant is a well-known class-action lawsuit litigator. His law firm, Merchant LawGroup, has 12 offices across Canada. Merchant was a lead lawyer in the $1.9 billionIndian Residential School settlement.

While the federal government has vowed to crack down on tax evaders, Downescriticized the recent federal budget for what he said is a $259-million cut at the CanadaRevenue Agency that would "seriously handicap the agency's ability to tackle themassive problem of overseas tax evasion given the agency's underwhelming record todate."

"The government has a set amount they have to spend every year. Ifthey don't get thatfrom all taxpayers, if only a few of us are paying, we have to pay more to make up theshortfall," he said.

As Liberal Senator Percy Downe told the CBC, if the wealthy hide their money, regulartax-paying citizens essentially "have to pay more."

But critics say countries lose out if their wealthiest citizens park their riches overseas.

Putting money in offshore tax havens is not necessarily illegal and the rules governingthem can be complex and murky.

The lawyers in your book are almost as oversexed as the ones on TV. Is it ever okayto sleep with a client?Various law societies have various answers that veer from zero tolerance to the WildWest. I don't think anybody has a clear answer. My answer is, there's a huge differencebetween a male lawyer taking advantage of a highly vulnerable woman and a lawyer whohas as a client a highly competent general counsel of a major corporation well able to

You don It have a lot of warm feelings for tax lawyers, do you?In some ways I have a deep admiration for them, because tax law is probably the mostintellectually complex area of law. But there's something in the nature of it that'spernicious. Tax shelters are highly complex schemes designed with only one purpose inmind: to stop somebodypaying tax he would otherwise pay. The kind of societywe livein, with its great public projects such as universal medicare, depends on tax revenue. Atsome point you have to be very unhappy about schemes that deprive public coffers ofmoney that's needed and simply make rich people a whole lot richer. In the U.S., there'sbeen a tremendous outcry about this, but that hasn't happened in Canada. It should.

ASIDE OVER BACK TO MACLEAN'S STORY)

Mr. Turple, he was the senior partner at Merchant law when he represented me. I foundout later that my last lawyer Reynold Robertson senior partner at Robertson StrombergLLP had as a partner Chris Axworthy. Chris Axworthy was the former Minister forJustice. Notes of the meeting with Chris Axworthy and letters to Chris Axworthy were inthe file. He was, as you'll recall from paragraph #17 ofthe introduction the first ministerof Lome Calvert's government that I personally met with. Reynold Robertson never saida word about this.

The ICIJ, working with news groups such as the Guardian, the Washington Post and theCBC, revealed a long list of international benefactors of offshore tax havens, includingthe daughter of Ferdinand Marcos, the late dictator of the Philippines, the former wife ofan ousted Thai prime minister and members of the family of the president of Azerbaijan.http://\\-ww.thestar.com!news!worldl2013/04/03/canadian senator ,Pana merchants lawver husband stashed 17 million offshore cbc says.html

As a Canadian senator, Pana Merchant must declare her assets and income yearly to theEthics Commissioner but the public does not have access to the declarations.

Tax experts agree there is nothing wrong with having an offshore account, but it becomesillegal if you don't declare earnings.

It is unclear where the money in Merchant's trust account comes from or how much is inthe account now.

world's largest offshore investment firms that "operates solely in tax-favourablejurisdictions. "

In all honesty, we had misgivings about the headline. Before we go to press, we alwaysask ourselves whether our cover will engage a reading audience. It wasn't difficult to

Mr. Slayton describes the world of Canadian law as miserable, amoral, obsessed withmaking money, rife with fraudulent and unethical activity, poorly regulated, andindifferent to issues of justice. In plain language, he argued that lawyers are rats, a phrasewe chose as our cover line for the issue.

Last week, we published as our cover story an interview with Philip Slayton, an ex-BayStreet lawyer and the former dean oflaw at the University of West em Ontario, who, after41 years of teaching and legal practice, has written a book accusing his profession offailing its cherished ideals and working to the detriment of society.

FROM THE EDITORS I August 13, 2007 I

Our response to the Canadian Bar Association

Not a lone voice in the wilderness

The story above from MacLean's magazine published a rebuttal to the criticisms forthe industry that followed its publication, That story below:

That's sort of funny.It's not very good, is it? Oh well.

What's your best lawyer joke?Well, there are so many. One I sort of like is that there's this ancient lady who shufflesinto her lawyer's office and asks for a new will. He says fine, and charges her $200. Shehands him a wad of bills and shuffles out, leaving him counting the money. She's givenhim $300. So now he has a real ethical dilemma: should he tell his law partner or not?

How can the average person protect herself from being cheated by a lawyer?Do not be overawed, and feel free to question both the advice and the bill. Before theInternet, lawyers were gatekeepers, really the only ones, to this vast store of legalknowledge. Now, anybody can go on the Internet and get any Canadian statute,regulation, or case, easily. But people don't seem to be doing that in the same way they doit with medicine, where if you have a pain in your toe, you go on Google.

Have you ever felt embarrassed to tell people you're a lawyer?When people on airplanes ask what I do, I say I'm in auto parts. No one wants to talkabout auto parts. But if you tell them you're a lawyer, everybody has a story about howthey were screwed by a lawyer, or the terrible thing a lawyer did to Aunt Bessie.

take care of herself. But if somebody asked me in the abstract for advice, I would say,don't do it!

As to Mr. Slayton's contention that the profession was failing to police itselfadequately, we refer again to Brent Cotter who also spoke of "significant institutionalfailures of self-regulation, inadequately addressed by the legal profession" inCanada. He felt that these failures "invite criticism and investigation" and threatenthe long-term viability of self-regulation. There is in fact a vast literature on the

Days before our story hit the streets, Brent Cotter. University or Saskatchewan deanoflaw and the former deputy minister oljustice and deputy attorney general in thatprovince. publicly lamented his profession's lack of concern with the fact that it hadpriced itself out of reach of average Canadians and appeared indifferent to "theconsequent denial of access to justice for those for whom legal aid is not available,but who cannot afford a lawyer."

Meanwhile, we'd like to explain to the members of the legal community who wrote uswhy we won't be answering the CBA's call for us to apologize for Mr. Slayton's"distorted" remarks. The characterization of Canadian lawyers as amoral, obsessed withmoney, and indifferent to issues of justice is hardly new. A few years back, RoyMcMurtry, then chief justice of the Ontario Court of Appeal, told the Law Society ofUpper Canada that undue emphasis on the bottom line "has led in recent times to alessening of recognition of the importance of the ethics and culture of public service."Justice Rosie Abella of the Supreme Court of Canada hit the same notes in a 1999 speechabout a "crisis of professionalism" that threatens the "very legitimacy"of the legalprofession. University of Windsor legal ethicist David Tanovich writes that over the pasttwo decades legal practice has come to mean "competition, maximization of profit, andefficiency rather than public service and the pursuit of justice." In other words, lawyershave joined the rat race.

We have extended our Mail Bag section this week to give voice to many of the lawyers,legal associations, and interested readers who took excepti~ to Mr. Slayton's comments.We encourage readers to give them a fair hearing. These are.complicated and importantissues, and reasonable people may find grounds to disagree with our interviewee.

But we looked again at the interview and concluded that the line was a reasonablereflection of Mr. Slayton's views, and that what he has to say is newsworthy -- it's notevery day that an intelligent, sincere, and accomplished individual who has given hisentire working life to legal work and education takes the trouble to callout his profession.Even before the magazine had hit newsstands across Canada, the Canadian BarAssociation issued a release condemning Maclean's for publishing the interview. Itlaunched a countrywide campaign to combat the "outrageous" accusations in theinterview, and to dismiss them as the rantings of a lone disaffected practitioner. Thepresident of the Ontario Bar Association, evidently believing the CBA had wimped out,followed up by comparing us to Nazis and suggesting that lawyers are all that standsbetween civilization and tyranny.

imagine dismissive reactions to that particular line: "it's redundant," or "it's not news," or"at least they're not journalists."

Mr. Slayton has done the Canadian legal profession a service by going public with hisconcerns. As professor Tanovich notes, one of the problems in assessing and policingunethical conduct among Canadian lawyers is "the wall of silence that forms part of the

Until the CBA wrenches apologies from Roy McMurtry, from Rosie Abella, from BrentCotter, from professors Tanovich and Woolley and the hundreds of other concernedprofessionals who have been quietly worrying and debating the same issues raised by Mr.Slayton in our magazine last week, we feel no need to tender our own.

Which brings us finally to the CBA's argument that we have unjustly smeared each andevery lawyer in Canada with the shortcomings and transgressions of a few. We don'tdispute that there are many hard-working and honest lawyers in Canada. It is nonethelessclear the problems raised by Mr. Slayton are not nearly so isolated as the CBA suggests;rather, they preoccupy many of the best minds in the legal community. What's more, thewhole point of being a self-governing community is that member-practitioners arecollectively responsible for the welfare of the profession. Every Canadian lawyer isimplicated in the failures of the Canadian legal profession cited by Mr. Slayton and thevarious experts above.

In a 2005 paper, Professor Woolley writes that the "ethical problems arising from hourlybilling are well documented, II and cites academic literature that describes unethical billingas a "genuine professional plague" and "a silent epidemic."

"In the United States hourly billing by lawyers has been demonstrated to lead to bothinefficiencies, where clients pay for work done to generate hours rather than results, anddishonesty. While the vast majority of Canadian legal work is billed on an hourly basisno attempt has been made in Canada to analyze either whether hourly billing leads to theethical problems here or whether the regulatory regime governing hourly billing byCanadian lawyers is sufficient. This essay argues that hourly billing leads to inefficiency,the temptation to be dishonest and to dishonesty, in fact, in the Canadian professions."

On the last point, Mr. Slayton was referring in particular to fraudulent and unethicalbilling practices. We're not experts on this so we'll have to refer you to a paper on theCBA's own website by law professor Alice Woolley of the University of Calgary. Here'sthe abstract:

That leaves miserableness and 'rife with fraudulent and unethical activity.' We haven'tfound the lawyers in our ambit to be especially miserable, but Roy McMurtry wasconcerned enough about his colleagues to see relevance in a U.S. study that discoveredhigher levels of "divorce, depression, severe stress, suicide, alcohol abuse and drugaddiction among lawyers. II He also noted that an Ipsos-Reid survey presented to anannual CBA meeting found lawyers to be more dissatisfied than other professionals.

problems of lawyerly self-regulation, and none of the commentators accuse the legalcommunity of being too vigilant with itself. Indeed, the problems Mr. Slayton cites areamong the reasons parts of Britain, Australia, and other jurisdictions are jettisoning it.

http://www.philipsiayton.com/

Philip divides his time between Toronto and Nova Scotia. He is married to the writerCynthia Wine. He has been a Woodrow Wilson Fellow; President of the CanadianRhodes Scholars Foundation; Co-Chairman of the Canadian Campaign for Oxford; and aGovernor of Sheridan College. In 1998, Oxford University named him a "DistinguishedFriend" of the university, Philip is a member of the Quadrangle Society of MasseyCollege, University of Toronto; the Pelee Island Bird Observatory Advisory Board; PENCanada's board (Chair of the National Affairs Committee); the City of Toronto LegacyProject Committee; and the Writers' Union of Canada. Philip and Cynthia were founders(in 2002) of the Port Medway Readers Festival, a highly successful summer literaryfestival on Nova Scotia's South Shore.

Since leaving legal practice, Philip Slayton has written two best-selling books: LawyersGone Bad: Money, Sex and Madness in Canada's Legal Profession, published in hardcover by Viking Canada in 2007, in paperback by Penguin Canada in 2008, and as anebook in 2010; and Mighty Judgment: How the Supreme Court of Canada Runs YourLife, published in hard cover and as an ebook in 2011 by Allen Lane and as a paperbackby Penguin Canada in 2012. He is a regular contributor on law-related topics to Canadianmagazines and newspapers. In 2008 and again in 20 10, for his legal ethics column inCanadian Lawyer magazine, he was awarded a Kenneth R. Wilson Memorial Award byCanadian Business Press for best regularly featured column.

After studying law at Oxford University as a Manitoba Rhodes Scholar, Philip Slaytonclerked at the Supreme Court of Canada in Ottawa. Then, for thirteen years, he pursuedan academic career, teaching at McGill University and becoming dean of law at theUniversity of Westem Ontario. Philip then went into legal practice with a major Canadianlaw firm in Toronto, and worked on many of the biggest corporate and commercialtransactions of the time. He retired from the practice oflaw in 2000.

END OF MACLEANS MAGAZINE STORY.

http://www2.macleans.cal20 1011OI08/madeans- top-l 0-most -controversial-cover­stories/maccov08 _06_071/

elite firm culture." Our interview broke through the wall. And, yes, our headline wastough, but one of the bright consistent threads through the literature on the problems ofthe Canadian legal profession is that legal professionals are more interested inmaintaining a lucrative status quo than in confronting the need to reform. You have toshout, in such circumstances, to get their attention.

Julianne JackSGI communicationsReginaPhone: (306) 775-6907

For More Information, Contact:

-30-

"In a year where auto insurance premiums rose by an average of 22 per centacross the country according to Statistics canada. SGI did not increase rateslast year and has not done so since 2000," sonntag said. "In fact. SGI's autoinsurance rates remain among the lowest in Canada. This was accomplished whilealso increasing the maximum discount provided under the safe DriverRecognition program, putting $22 million in premiums back into the pockets ofsaskatchewan vehicle owners last year."

"In 2001 and 2002, the insurance industry across canada suffered two of itsworst financial years on record," Minister Responsible for SGI Maynard Sonntagsaid. "Poor underwriting results, increased reinsurance costs and less thanaverage investment income hit the industry hard. SGI CANADA met thesechallenges head on, and reported the close to record profit due to itsstrategic business planning."

The saskatchewan Auto Fund posted an $11.5 million surplus in 2003. increasingthe balance in the Rate Stabilization Reserve (RSR) to $14.4 million. Thesaskatchewan Auto Fund is the compulsory auto insurance program administeredby SGI on behalf of the people of saskatchewan. The Fund operates on abreak-even basis over time, and a positive balance in the RSR helps to keepauto rates low for saskatchewan motorists.

SGI CANADA and the saskatchewan Auto Fund each had a strong year financially,as outlined in its 2003 Annual Reports tabled in the Legislative Assemblytoday. The Crown corporation also tabled annual financial statements for itspension plan and subsidiaries.

Following a challenging year in 2002, SGI CANADA experienced a financialturnaround. SGI CANADA posted a consolidated profit of $21.2 million in 2003 -a turnaround of $30 million in one year. Each company on the competitive sideof the business was profitable in 2003. Most dramatically, coachman InsuranceCompany in Ontario made a profit of over $320,000 in 2003, following a netloss of $11.3 million in 2002.

SGI POSTS STRONG FINANCIAL RESULTS IN 2003

Saskatchewan Government Insurance (SGI) - 166

April 19, 2004

News Release

Legislative Building - Regina, Canada S4S OB3 - (306)787-6281

Page I of 2Saskatchewan Government Insurance (SGI) #04-lCl6 - SGI POSTS STRONG fINANCI...

................•..............................•.... , ,'" \\\" , \\" \ , ,., ,....•.........•......~ " .

Jul;anne JackSGIReginaPhone: (306) 775-6907

For More Information, Contact:

-30-

Revenue to SGI will increase by four per cent, as the additional six per centwill be paid out in discounts. In total, safe drivers will earn nearly $60million in discounts in 2005, an increase of $34.8 million over 2004.

To see SGI'S complete submission to the saskatchewan Rate Review panel, pleasevisit the SGI web site at www.sgi.sk.ca or call the SGI Customer serviceCentre toll-free at 1-800-667-9868 to have a copy mailed to you.

"The safe drivi ng history of customers wi 11 offset premium increases for mostvehicle owners. SGI estimates approximately 60 per cent of private passengervehicle owners will see decreases, and about 40 per cent will see increases totheir vehicle premiums. overall, most customers will pay less, some will paymore," schubert said.

Additional revenue from the rate increase will also be used to more thandouble the vehicle insurance discounts provided under the Safe DriverRecognition program to a maximum of 20 per cent and the Business Recognitionprogram to 10 per cent.

"The increase in discounts responds to the desire of our customers to providebigger rewards for safe drivers who aren't costing money through claims,"schubert said.

SGI is applying to the saskatchewan Rate Review panel to request approval of a10 per cent rate increase effective January 1st, 2005.

"SGI 'i s requesting the increase primarily because we're not taking in enoughpremiums to cover the cost of claims," SGI President Jon schubert said. "Thiswould be the first rate increase in saskatchewan since 2000. Even with anincrease in 200S, SGI's customers will still be paying the lowest autoinsurance premiums in the country."

SGI SUBMITS RATE PROPOSAL

Saskatchewan Government Insurance (SGI) - 424

July 14, 2004

News Release

Legislative Building - Regina. Canada S4S OB3 - (306)787-6281

EilteootiveCoun~1t

•Saskatchewan Government Insurance (SGl) #04-424 - SGI SUBMITS RATE PROPOSA... Page 1 of 2

CHARGED TO:

HOURS2' ')$15.00X ::,J (.

$ 4s-0 .:-;'Number of hours to be charged

FEE CHARGED

__ ~5__ HOURS

DEFENDANT

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3 HOURStf Y.)._, HOURSI y~ HOURS,- HOURS

if, '12 HOURS ~.... ~ ....

~ f:2. HOURS

3 HOURS

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PLAINTIFF

LESS

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TO BE FILLED OUT FOR CIVIL CASESFEES TO BE CHARGED AFTER FIRST 5 HOURS - $15.00 PER HOUR OR FRACTION THEREOF

Julianne JackSGIReginaPhone: (306) 775-6907

For More Information, Contact:

-30-

"We're more than doubling the discounts provided under safe Driver Recognitionto a maximum of 20 per cent and Business Recognition to 10 per cent becauseit's what customers tell us they want - bigger rewards for safe drivers. Wecan afford to provide increased discounts to safe drivers, so we're doing it,"schubert said.

SGI has withdrawn its application to the saskatchewan Rate Review Panelrequesting approval of a 10 per cent rate increase for Jan. 1st, 2005. Thedecision is based on new financial information provided by SGI's externalActuary that forecasts an improved financial position for the Auto Fund.

"Not only does it mean a fifth straight year without a general increase inauto rates in saskatchewan, SGI also has the financial ability to continuewith our plan to more than double the discounts provided under safe DriverRecognition and Business Recognition programs," SGI President Jon schubertsaid. "The increase to safe driver discounts will take effect Jan. 1st, 2005."

SGI put forward the rate proposal in July 2004 based on external actuarialestimates of claims costs that forecast a small profit for 2004 and a $14million loss in 2005, leaving the Auto Fund with essentially no balance in theRate stabilization Reserve. The new external actuarial estimate. combined withincreased investment earnings and lower than avera~e summer storm damageclaims. has put the Auto Fund in a more positive flnancial position. Nearbreak even is expected in 2005, leaving the Auto Fund with a healthy balancein the Rate stabilization Reserve of over $120 million. AS a result, a rateincrease is not necessary at this time.

"SGI went forward with the rate proposal with the best possible financialinformation we had from our external Actuary at the time," schubert said."Just as we are withdrawing the proposal today with the best possiblefinancial information we have now."

SGI WITHDRAWS RATE PROPOSAL, INCREASES SAFE DRIVER DISCOUNTS

Saskatchewan Government Insurance (SGI) - 637

October 20[ 2004

News Release

Legislative Building - Regina, Canada S4S OB3 - (306)787-6281

,i[ii~!II;~r.h;;::;:;:;:;:;:;:

:.;-:..»s«..~,~. '-:Ox... ~",* >;: .

,~, :',Saskat.elu!wan

Saskatchewan Government Insurance (SGI) #04-637 - SGI WITHDRAWS RATE PROP", Page I of 2

GS WALEN & FISHER LLP

DATED at Saskatoon, in the Province of Saskatchewan, this;' Stlday of May, 2004.

2. Acceptance by the Plaintiff shall be in full and final satisfaction of any and all claims,

demands, or causes of action whatsoever arising from the matters at issue in the within

action.

I. lbeDefendant, DONALD DIETZ and AUTOTRAN MANUFACTURING LTD. shall pay

to the Plaintiff, PHILIP GREENWOOD, $100,000.00, inclusive of all interest and costs,

provided acceptance is made by 5:00 p.m., October 1,2004.

The Defendant hereby offers to settle the within action on the following terms:

OFFER TO SETTLE(Part 14)

DONALD DIETZ and AUTOTRAN MANUFACTURING LTD.DEFENDANTS

AND:PLAINTIFF

PHILIP GREENWOODBETWEEN:

CANADAPROVINCE OF SASKATCHEW AN

Q.8. NO. 507 of 1993

S.G. L and council Ms. Jennifer Bailey had my tax records from 1990 to 1996 intheir possession when the pre-trial conference report was authored and set for in1905.

~(ll.Rl that legal fees have exceeded mv net income since the accidents.$:P.720.50

l. Tim TurpJe In excess of S 12,0002. Darrell Armitage $6,197.393. Reynold Robertson $16,237.224. William Herle, Regina $127.695. John Wilson, Calgary Alta. $872...J:'6. Edward Holgate $ 84.757. Dale Fedorchuk, Calgary Alta. $800.00Totat lezal fees in these matters not inclusive of interest, $36,322.50

LEGAL FEES IN THESf. MATt'ERS

Net income since 1992 accidents = Loss of income of S1398

1900 income-loss of$5745 LOSS2. 1991 income - $3196:~. 1992 income -Ioss of$1472 LOSS4. 1993 income -Joss orSI0 ..l00 I.OSS:'. 1994 income - $3 Y):;6. 1995 income - loss of $14,738 I.OSS7. 19<)6 income -loss of$ 256 LOSS8. 1997 income -loss of$17,677 LOSS9. 1998 income - $324110. 1900 income- $9047I I 2000 income- $ 68412 200 I income- s 243 S13.2002 income- loss 01"$31 O{)LOSS14.2003 income- $21,23415.2004 income- Gross year to date $14, 742.00 net 53174estimate Check stub

enclosed for last commission check

PHILIP GREENWOOD I~COML

/

14

ElementsI: inrenrionalk- engaged in conduct;2 purpose of infliction emotional distress; or

• In more recent years, Canadian courts have expanded liabilie: for nervous shock be broadening the definition of "visibleand provable" illness.

• Rahnntufla z; Van.foi Credit Lnion: A plaintiff must provide evidence of a \"i.sib.leand prcvable illness, but the absence ofexpert medical evidence isnot fatal to the claim.

• Tran L' Finarr:i.alDtbt RtcOVtT)": Aplaintiff mar be entitled to recover for emotional harm fa.lling short of a psychiatriccondition or illness.

• Puni;' z; .> : PL is forced to watch her husband being beaten and is successful in claiming nervous shock

Facts/lflll!lues: Daughter is raped; mother tries [0 recover by heing discraughtDisca_ioa:• :\Iust show that there is some physical or psychological manifestation of injurrRuling: Case dismissed due to baseness of physical or psychological evidence,

RADoViS V. TOMM [1957] MBSCTM phy",u co-lItJ_nC~801 lit. .Iaock ., .... t ". pre_' to IUftOKftl to II ''vVibl. ~ pro«Jlab"," ju..._.

Facts/l!ilSUes: ,\5 practical joke, D tells PL her husband is hurt; she goes into nervous shock, wi0 a history of bad nervesDisc:Q!ilSioa.:• Intention: D mar not have intended person would be so distraught, but can that be so certain rhar we can impute intent?• There was definite intent to cause some degree of distress, and this is enough to impute the fulliiabilt),• Remoteness .not to be confused with negligencei: were damages sustained unrecoverable as if alcin to grief (t,..~ ~'Oucan'trecover for in torts)

• Court says the~'are recoverable• ~a need for reasonableness because in intentional tort mere intention is enough• [Cf more recent decision of Rahnntulltz where the court held that it is not necessary to show that D intended to causenervous shock; reckless disregard to this possibility is sufficient.]

Ruling: Full damages awarded

WD..KINSONV. DOWNTON [1897] Q.BT"'_' u ..CInUe 01 actio,. DIIum D Ivu l&'ilJ'..Uy ._ _ Gelcalcv14,.J 10CotUl8 phy.Wcal "--' 10 PLau'luilJuu -/acl cla.._a 1uwrK.

• Intentional and "outrageous" conduct• designed to inflict emotional distress or that a reasonable person would have known would cause emotional distress;

• D need not intend to cause nervous shock. It is sufficient if D acted in reckless disre,gard for this possibili~:>or if itwas foreseeable that profound distress ',"Quidensue 'ie, imputed intent," That more harm was done than wasanticipated is irrelevant (Wilnluolll.

• that causes a visible and provable illness.• L n1ikebattery or trespass, intentional infliction of ner ..ous shock is not actionable without proof of actual harm,PL bears the onus of showing that, as a result of the D's conduct, PL suffered some kind of "visible andprovable" illness. Though this test has been recent~· relaxed,

ELEMENTS (CANADIAN)

INTENTION A l INFUCTJON OF NERVOUS SHOCKI,.Umtio~ ~~ ,nwtlwr "_8Oft ItnItlN rMMl .. l8tlf!f~

• Defense of legal authority:• haying witnessed the offense being committed .• a reasonable or probable grounds to believe that the detained had committed the offense.

DEFENSE

40 ToRTS: FIONA KELLY2008 - 2009,

-_ ..... _. - ... _--_- -------_._. ,........ _--_._._..

-:;;1 'f7J'1

>.

_.

Philip GreenwoodJ 17 Ave. P.N.Saskatoon Sask.S7L 2V7241-4466

Yours truly,

Please find enclosed an amended statement of claim in the matter of 1478 of 2000 in theCourt of Queen's Bench, Judicial Centre of Saskatoon. A Brief of Evidence, Law andArgument from the Plaintiff, for a Motion to Strike this claim, to be held Sept. 72000, inchambers, Saskatoon.This same Brief of Evidence, Law and Argument will be delivered to your Council

Mr.Robert J. Gibbings Sept 5. I suggest that you study the evidence contained herein.Specifically the allegation of wrongdoing on page 13.Isuggest that you inunediately contact your councilor another person of authority in

Saskatoon. Secure evidence, statements, documents etc. relating to the matters ofQ.B.507 of 1993 and Q.B 983 of 1993 from Jennifer Bailey's possession. For investigationinto the allegations contained within this briefIadvise that whoever takes possession of this material does so without notice to the

Saskatoon Claims centre. This is a most serious legal offence and the mishandling of thistask could have additional legal consequences to the corporation. Someone at theSaskatoon Claims Centre has mislead you already, re Exhibit "D".With the Court's permission, at the Motion to Strike hearing on Sept. 7. I shall ask if

this evidence has been secured for the Corporation's protection and the Plaintiffsprotection (myself). Ishall also ask if my allegation that Ms. Bailey attempted tointroduce false evidence into a legal proceeding. Contrary to section 137 of the criminalcode, has a basis in fact.Govern yourself accordingly.

Dear Sir;

Sept 2,2000VIA COURTER

Mr. Larry FoggPresidentSaskatchewan Government Insurance2260-11 th Ave.Regina SaskatchewanS4P 2N7

1. The Plaintiff Philip Greenwood is a resident of Saskatoon in the Province ofSaskatchewan.

2. SASKATCHEWAN GOVERNMENT INSURANCE, is a body Corporateincorporated in Saskatchewan, with an office in the City of Regina and theCity of Saskatoon.

3. JENNIFER BAILEY is an employee of Saskatchewan GovernmentInsurance. Employed at the Saskatoon Office of Saskatchewan GovernmentInsurance.

4. On or about June 20 2000. The plaintiff went to the oflice of the DefendantJENNIFER BAlLEY to deliver Original drug prescription receipts togetherwith empty plastic drug containers. As the receptionist was on the telephoneand in consultation with her male assistant, standing next to her. The Plaintiffthrew the empty drug bottles onto the floor, behind the receptionist. Then left

5. On June 202000 Ms. JENNIFER BAILEY faxed a letter to Mr. TIMTURPLE a Lawyer in the City ofSASKATOON.MR TIM TURPLE isrepresenting the plaintiff in two actions against SASKA TCHEW ANGOVERNMENT INSURANCE. Q.B. 507 Of 1993 AND Q B. 983 of 1993.

6. In the Facsimile letter, the DEFENDANTS state that the PLAINTIFFTHREW the prescription containers at the receptionist. This statement is false

STATEMENT OF CLAIM

DEFENDANTS

SASKATCHEWAN GOVERNMENT INSURANCE WITH AREGISTERED ADDRESS OF 2260-11 th AYE. REGINA SASKATCHEWAN

TOGETHER WITHJENNIFER BAILEY OF SASKATOON SASKATCHEWAN

ANDBETWEEN

PLAINTIFFPHILIP GREENWOOD

CANADA IPROVINCE OF SASKATCHEW AN )

STATEMENT OF CLAlM

IN THE COURT OF QUEEN'S BENCH FOR SASKATCHEWANJUDICAL CENTRE OF SASKATOON

Q.B. No. 1478 of A.D. 2000.

It is known to the Defendants as false. This statement is libellous. It wasintended to discredit and humiliate the Plaintiff in the eyes of his Council. Itwas intended to humiliate the PlaintitThimself.

7. This letter is designed to cause the plaintiff financial hardship. It isspecifically intended to frustrate the plaintiffs right to reimbursement formedical expense under the automobile insurance acts. As legislated in theProvince Of Saskatchewan.

8. As the Defendants have negligently failed to perform their INSURANCECONTRACTUAL OBLIGATIONS. Refused to Formul~J:.e, Initiate orPeriodically conduct POLICY OVERSIGHT of it's agents or JENNIFERBAILEY regarding the GOOD FAITH DUTY they have to negotiate andcompensate iust claims. As the Defendants are in a unique position ofKnowledge and Authority in the Negotiation and Compensation Proces~~From that position comes a duty to deal with the plaintiff's claims FAIRLYIN ALL RESPECTS.

9. This DUTY EXTENDS TO ALL DIRECTORS AND OFFICIALS OFSASKATCHEWAN GOVERNMENT INSURANCE FOR THEIRNEGLIGENT LACK OF OVERSIGHT"

10. THIS DUTY EXTENDS TO JENNIFER BAILEY PERSONAL Y.II. The Defendants knew or should have known that the Defendant in the Claim

ofO.B. 507 of 1993 Mr. DONALD JOSEPH DIETZ was UNTRUTHFULL ..That he made statements in the Examination For Discovery in that matterApril 3 1995, that they knew to be false or should have known to be false. In1993 or earlier, the Defendants had R.C.M.P. accident investigationstatements, Evidence and ambulance reports sufficient to Firmly andFINALLY DETERMINE LIABILITY IN THA T MATTER WITHMINIMAL REVIEW.

12. THEY USED HIS FALSE STATEMENTS NEGLIGENTLY IN THENEGOTIATION PROCESS WITH RESPECT TO THE PLAfNTIFF'SLIABILITY AND RIGHT TO A FAIR RESOLUTION OF THAT CLAIM_:.

The Defendants should compensate the plaintiff for such negligence.13. The Plaintiff therefore claims against the Defendants jointly and severally;

(A.)Pecuniary damages for actual drug expenses as ascertained prior to thetrial of this action.(B. )Pecuniary damages for embarrassment and humiliation arising from thisletter to the Plaintiff and his Council.(C.) Non-pecuniary damages for embarrassment and humiliation arising fromthis letter. To the Plaintiff and his Council.(D.)Pecuniary damages for obtaining professional legal advice.For legaldocuments as required by this action. For investigations arising from theascertaining of the facts of the relevant automobile insurance acts.(E. )Pecuniary damages for obtaining Saskatchewan Government InsuranceMemos.electronic computer correspondence (e-Mail), board of directorsmeetings-minutes and or records.(F.)Pecuniary damages for lost earnings arising from the Plaintiffs own effortsto determine the facts and evidence arising from this action.

This document was delivered to the DEFENDANTS COUNCIL ,ROBERTJ.GTBBINGS #420-128-4·rI1 avenue South Saskatoon

Dated at SASKATOON JUNE 282000.PHILIP GREENWOOD317 AVE P. N.SASKATOON SASK.S7L 2V7 PHONE 2414466

(G.)Other pecuniary damages as are paid by the Plaintiff and which construepecuniary loss but which cannot be ascertained at this time but the particularsof which would be proven at the trial of this matter.(H.) Other aggregative, punitive and exemplary pecuniary damages as thecourt finds. Arising from the facts and evidence presented in this action.(l.)Prejudgement interest pursuant to the provisions of THE PRE­JUDGEMENT INTREST ACT, S.S.1984-85-86, C. P-22-2(J) Costs of this Action.

PHILIP GREENWOOD317 AVE. P. N.SASKATOON SASK.S7L 2V7

BRfEF OF EVIDENCE, LAW AND ARGUMENT

DEFENDANTS

SASKATCHEWAN GOVER.m.1ENT INSURANCEAND JENNIFER BAaEY

AND:

PLAINTIFFPHll.-IP GREENWOO D

BETWEEN:

JUDICAL CENTRE OF SASKATOON

INTHE COURT OF QUEEN'S BENCH

Q.B. No. 14780[2000.

2. This claim arises out of actions and negligence from the defendant's negotiations and absenceof investigation into Q.B.507 of 1993. From the defendants failure to reimburse medicalexpenses from 0.B.507 of 1993 and Q.B.983 of 1993.From the failure of the defendants toFormulate, Initiate or Periodically conduct policy oversight of standard insurance practices asrequired by the contract of insurance at issue in these claims. Or as would reasonably beexpected from any insurance corporation dealing with serious issues of injury compensation. Italso deals with facts arising from my attending the defendants offices to personally attempt toobtain reimbursement for medical expense June 20,2000 and Jennifer Bailey's fax to my Councilthat day.Pursuant to rule 149 preliminary evidence as the Plaintiff has managed to secure to date, is

included herein.

1.The Plaintiff Pflll, IP GREENWOOD is the Plaintiff in two separate personal injury actions,namely O.B. 507 of 1993 and 0.B.983 of 1993, both issued out of the Judicial Centre ofSaskatoon. Mr. Tim Turple of Merchant Law Group is acting as my council in both theseactions.

FACTS:

BRIEF OF EVIDENCE LAW AND ARGUMENT

DEFENDANTS

SASKATCHEW AN GOVERNMENT INSURANCEAND JENNIFER B.AaEY

AND:

PLAINTIFFPHILIP GREENWOOD

BETWEEN:

IN THE COURT OF QUEEN'S BENCHJUDICAL CENTRE OF SASKATOON

Q.B. No.1478 0[2000

8.In early J 993 I drove out to the accident site. I measured the highway. Took pictures of theaccident site. Constructed a map of the site. Then drove to Loreburn where the Autotrammanufacturing facility was. I identified the truck involved in the collision from Mr. Turple'sstatement of claim (my claim 0 B.507 of 1993) I measured it. Took pictures of it as well as

7.I was concerned. In the next three weeks I sent three letters to S.G.I.)5 auto adjuster and threeletters to the R.C.M.P. Including the Commissioner in Ottawa, the Superintendent in Regina andthe Sergeant in Outlook.I did know that Mr. Dietz (the other driver) had committed two offences.Driving at night without lights on his swather. The other offence was in the old copy ofSaskatchewan Highways and Transportation "A guide to Saskatchewan Weight and DimensionRegulations" Two flashing yellow lights was the requirement for over dimension travel. TAKENOTICE: this regulation and it's source are from recollection. In my correspondence I outlinedfive possible violations. My lawyer sent me a letter and told me to stop corresponding with SGI.

6. I did not agree with this determination of liability and had no idea of the reasoning for whythis determination of liability was made. A friend of mine had gone to the Outlook R.C.M.P. toretrieve my firearm and to an Outlook auto salvage yard to retrieve my other personal effects. Hetook pictures of my car p.j for Identification Seven Photographs page 21 Examination ForDiscovery Exhibit "N". In the course of talking to the R.C.M.P. and to the auto wreckers hefound out that I had collided with a swather being towed without lights.

5.In late Dec. 1992 I contacted the original auto insurance adjuster to get paid out for my car. Heinformed me that he was holding me .,100% liable" for the accident. When I asked him why hisanswer was "Because I've made that determination".

4.In Late 1992, after the Plaintiff had been released from hospital and been at home about aweek. A R.C.M.P. officer attended to my residence to take a statement regarding the accident ofNovember 16 1992 (0.8. 507 1993). My statement was the same one (regarding facts andcircumstances as I recalled it at the time) as the one I gave to S.GJ.'s auto insurance adjuster inDecember 1992 and the same as I gave in the Examination for Discovery of that matter April 31995. The officer asked for a statement and I complied. Then he asked me one question. Wasthere any moisture on the highway that morning? I thought it was an odd question but gave it nothought. My answer was. "No the pavement was dry. The ditches were clear of snow.Temperature seven to ten degrees below. Winds were light. Visibility unlimited."

Page 2.3.This claim was amended by the Plaintiff on July 11 from Part Forty of The Queen's BenchRules into general procedure. Itwas further amended on July 182000, pursuant to rule153 (b).To the form and substance that is filed with the court and defendants now. The amendment ofJuly 17 referred to by the defendants is the same one of July 18. The format of the July 17amendment was not accepted by the Registrar of the Court and the Defendants council wasnotified twice as a courtesy, by the Plaintiff as to when the final amendment (July 182000)would be delivered to him.

HlSTOR Y REV1EW

I.On June 20 2000 I went to S.G.L Claims centre in Saskatoon Jennifer Bailey's offices. I hadbeen having problems getting repaid for medical expenses and I thought that the process ofgiving receipts to my Council and his mailing them to S.G.l. was causing monies to go unpaid.My Council's secretary had informed me that only "original" receipts would be accepted, nocopies, no duplicates and no exceptions to this rule. I felt that this was unfair because at this timeI thought that I was out over $100 of my own money (Actual amount $87.92) due to no fault ofmy own.

ISSUES THAT LED TO THIS CLAIM

12.1 thought that this was the end of the issue ofliability relating to this accident. Untill myCouncil Mr. Turple started his examination of Mr. Dietz April 3 1995 two and a half years afterthe accident. Mr Dietz started making statements that it was light out.False Statements.

II. In 1993 I received a subpoena from the R.C.M.P. to testify at the trial of Me. Dietz inOutlook Court. He and the R.C.M.P. agreed to a plea arrangement. As the R.C.M.P. stated hisswather-vehicle was admitted into evidence at 12 feet 6 inches. I did not recall this width at theExamination for Discovery but was really surprised at it's width. When I got home I looked atmy map of the accident site (aforementioned) and saw that it was one half the width of thehighway.Mr. Dietz pled guilty to the offence mentioned in statement #9 above and was fined$100.00 When he made his admission of the offence to the Judge. He stated "or however the actor regulation is worded" This led me to believe that he was as unfamiliar with the regulations asthe S.G.I. auto adjuster.

10. The auto adjuster felt that my request for compensation was reasonable. He paid me for film,development of the film, a mileage expense for my car, postage, long distance phone calls, over500 pages of photocopying and an hourly wage ($6-8 hr) for my time. The Total amount wasaround $200.

9.The R.C.M.P. charged Mr. Dietz with a highway traffic offence. Over width travel prior tosunrise without a permit. When I informed the original S.G.I. auto insurance adjuster of this. Hereversed his finding of holding me liable. He paid me out in full with no finding of liability. J feltthat I should be compensated for my investigations into this accident. For informing S.G.l. 's ownadjuster of the relevant Highway Traffic offences, rules and regulations. I believe that thisadjuster had never heard of over dimension travel. Over dimension permits or related lightingrequirements for nighttime travel. When the accident happened the only regulation that I knew ofwas the requirement of lights for trailers at night.

Page 3.other swathers in the facility lot. These are the other pictures and maps referred to in theExamination For Discovery aforementioned.

7. Mr Fogg states in paragraph #3 "Customer service training programs for staff are mandatoryand emphasize the importance of the customer and the need to treat each customer with courtesyand respect" This is not what the evidence will show. The original auto adjuster conducted noinvestigations of fact into this accident. He had no idea of what regulations may apply or mayhave been violated. He took no notice of my original accident statement nor gave it anyconsideration. His compensation of my investigation is the only mitigation of this entire claim inseven and one half years aside from Mr. Fogg's inquires in this letter. Evidence will also showthat Jennifer Bailey has likely never studied accident investigation or insurance management.That she also failed to take any of my statements, evidence or ascertaions into consideration. Ordeal with my claim fairly in any way to see that it's pecuniary value would be maintained,preserved or that evidence would be preserved.The lack of training of the original adjuster and of Jennifer Bailey has directly led to the finding

of the Plaintiff")OO% liable" by the original adjuster. By Ms. Bailey at the Examination of

6.The Plaintiff prepared and issued this Statement of Claim June 28,2000.Mr Larry Fogg repliedto his letter July 7,2000. TAKE NOTICE: This is a compete and original copy of his letter to meEXCEPTfNG the PLAfNTIFF has underlined four sentences. Exhibit "C"

5. At this time the Plaintiff knew that Jennifer Bailey and SGI had still not investigated the Nov.16 1992 Accident. Had allowed Mr. Dietz to Lie to police, Lie in the Examination for Discovery,and get away with his driving of Nov. 16 without any legal consequences.

4.The Plaintiff contacted Saskatoon City Police, a Sergeant told him to contact Ms.Bailey's bossas they could only investigate a complaint from the person who had directly been assaulted. Theplaintiff phoned Me Larry Fogg and spoke to his secretary. The plaintiff also phoned Mr. JohnNilson the Minister in charge of S.G.l He talked to his secretary. The next day the Plaintiff sentthe letter dated 2000-06-27 to Mr. Larry Fog (He had a incorrect spelling of his name) and Mr.John Nilson. Exhibit "B" He also went down to the Saskatoon City police station to find out whythey could not investigate right away.

3. I didn't think anything of it until a week later. In fact I had completely forgotten about it. Mr.Tim Turple sent me a copy of the Fax From Jennifer Bailey Dated 20106/00 Exhibit "A" When Iread it I was upset. I never threw the prescription vials at the receptionist. In no way could mythrow be taken as such. I actually found the receptionists there to be the most polite of any foundanywhere. The "we will report the matter to police" and "threw at". Left no doubt as to what wasbeing said.

Page 4.2. I asked to speak to Jennifer Bailey personally. The quite polite receptionist went to find her.About four or five minutes later she returned. She said Ms. Bailey was out and took a phone callthat had come in. I knew that I had written my name on the receipt and had given my name to thereceptionist. Because of the abovementioned problems I had wrapped a receipt around twoempty drug containers to show that I was actually buying the drugs. I threw the empty bottles ata 45-degree angle to the receptionist (who was on the phone). It bounced once otT the desk (8foot wide approx counter) and would have ended up 12-15 feet away from her. Then left.

10.Exhibit ('E" A cover letter dated August 9,2000 and two pages of an ambulance report fromthe Outlook Union Hospital. Form 9-52707 Dated Monday Nov. 16 1992 Billed to S.G.l.-Second sentence of the Comments section "Head on collision ... swather being towed that wasover the centre line." Time Responded 0758-This Bill was made out to the defendants. They have denied its existence. The Attendant CarolLarson still lives in Outlook. Still works part time as an attendant. The plaintiff has

. Despite repeated requests no reimbursement was made. Either there is no policy or there is nooversight of policy. Or Me. Fogg has no idea of what the policy is. In any case the facts weremisrepresented to him by someone at the Saskatoon Office.

9.ln Mr. Fogg's last paragraph (July 7 letter) the actual receipts and copies provided weremisrepresented to him. He States that policy is "be supported by a receipt indicating both thedrug purchased and the amount paid. If you see to it that originals or copies of the prescriptionsare mailed or faxed to Ms. Bailey, payment will be made to you without delay."Exhibit "0"II pages.A-The first letter from Catherine Danilkewich Secretary to Mr. Tim Turple addressed to thePlaintiff states: "SGI will not reimburse you without the "original" receipt" It also states "Younote $81.78-still owed since March 26/99. Again SGI has corresponded with us on that matter.Unless you provide the "original"receipt, they will not reimburse you for that expense'T AKENOTICE: This is a mistake, the actual amount is $81.81 the receipt of which is on page four,centre, top Dated Jan 28/99Page 5. Letter from Renee Bohmann to Mr. Tim Turple "SGI has deducted the amount of

$81.81 from the total invoice as we require the original Sask. Drug Update that corresponds tothe one enclosed. This original receipt should specify information such as the Name and addressof the patient, the DIN# the name of the medication, the Rx# and so on."Page 7. "tvlEDICAL EXPENSES" As the receipt shows on line five. All the above requirementswere met by this duplicate receipt. All of Mr. Fogg's requirements are met.Page 11 the last page a letter from Renee Bohmann to Michael Mantyka Council assisting Mr.Tim Turple on the Plaintiffs c1aims."SGl requires the "original" receipts"

8. An insurance company has three main duties when dealing with a valid claim.fNVESTIGATE- ABSOLUTELY NO INVESTIGATION INTO THIS MATTER HAS TAKENPLACE IN SEVEN AND ONE HALF YEARS (Q.B. 507 of 1993) The effect of this negligenceis solely borne by the plaintiff. It is not the intent of this claim to argue the liability issue ofQ.B.507 of 1993 but the negligent lack of investigation in part has given arise to this claim.NEGOTIATE- Fairly, in good Faith, protecting the Plaintiff's claim, his insurance contractualrights. (four times they have had the opportunity to review evidence and consider the Plaintiff sstatements, every time they have denied his ascertations and held him" 100% liable")And COMPENSATE

Page 5.Discovery, after her investigations subsequent to the Examination of Discovery and in her Pre­Trial Brief as late as February 1998. They have still not investigated any issues to find the realcauses or facts of this accident today.

12. Exhibit "G" TAKE NOTICE; this exhibit lists regulations that may have changed since 1992and are not intended to mislead the Court or the Defendants as to evidence to be examined at thetrial of this matter. Note; ALL regulations referred to here are for "designated highways" not forhighway 45 No over dimension travel is allowed without permit. Page 1 of 6 "Specialprecautions are required when vehicles are allowed to travel while exceeding legal weights anddimensions. "Page 2 of6 "No Travel permitted for loads or vehicles exceeding 3.35m (lIft.) wide."(unlessspecified on permit previous page)"Permits are issued by SGI Permit Office" The DefendantsPage 3 of6 "Standard Over-Dimension Permit Requirements ... Width 2.60m(8'6") to5.Om(J 6' 4") Escort vehicle required; if the load protrudes over centreline"Page 5 of6 "Exceeding 3.7m (12') No night travelTherefore no night travel is permitted on anyhighway in the entire province over 12 feet wide at night.This includes the divided # I, the divided # 11 and the divided Yellowhead. Let alone a narrow

undivided secondary highway without any lights what so ever.

II.Exhibit "F"A letter addressed to the Plaintiff from Mr Greg Gilks states" Highway 45 is not a"designated highway ... towing or driving farm equipment except that the movement must occurbetween sunrise and sunset.The key element of reducing risk while transporting farm equipment is the restriction to daylighthours. Since the exact times for sunrise and sunset vary through the year from one place toanother in the province, we have tables based upon data available from Environment Canada. Ihave attached a copy of the tables that apply for the area in question." Permit Guidelines Sunriseand Sunset times for Saskatoon. Nov. 16 is 0830 plus one and one half minutes as the accidentsite is 25 km west of Saskatoon as the table shows.

Page 6.talked to her on at least three occasions. She has described the ambulance dispatch procedure tothe Plaintiff as:-Call comes into Hospital. (with a record kept of the call in a logbook)-Call is immediately forwarded to the driver's home without delay.-He gets ready. Calls attendant at her home. Starts car. Drives to pick up attendant (sometimesthey drive separately directly to the hospital)-Drive to Hospital together.-Get into ambulance. Leave at 0758 (this instance)Elapsed time 10-15 minutesThe hospital administrator has described to the plaintiff the same dispatch procedure with the

same dispatch time of 10-15 minutes of the call. As at May 2000. the original record of the callto the hospital has been lost.This illustrates the negligence of the defendants in record keeping. It is difficult to believe that

an ambulance report would not accompany an injury file for the life of the file. It lists the injuriesas the first medical professionals to observe an injured person see them.

16. Exhibit "K" SGIlIII Trailer Safety This same guide was picked up at the Defendants officesin 1993 and sent to the original auto insurance adjuster.Page 9. Lists the lighting required for wide trailers over 2.06m (8t inches) or 6.75'"it must have four clearance lights at the widest part of the trailer; two amber lights facing frontand two red lights facing rear. Trailers must also have three identification lights facing rear: oneat the centre of the trailer with the other two as close to the centre as practical,

15. Exhibit"]" TAKE NOTICE; this Guide may contain regulations different from those in effectin 1992 and are not intended to mislead the Court or the Defendants as to evidence to beexamined at the trial of this matter. "A Guide to Saskatchewan Weight and DimensionRegulations" The 1992 version of this guide was picked up by the Plaintiff at the Defendantsoffices in early 1993 and sent to the original auto adjuster. It clearly states on the last page LegalDimensions "(8'6")" and "The Permit Office

Saskatchewan Government Insurance3rd Floor2260-11 th AvenueRegina"

The same address of the Defendant to which this Claim was served upon the corporation.At the bottom of the page it lists;"SGI:Vehicle Standards & Inspections", The Defendants

14. Exhibit "1"11 pages total From the Herzberg Institute of Astrophysics website as directed tothe Plaintiff by Environment Canada Ottawa. The address is listed at the bottom of each page. Asper exhibit "F" Environment Canada sets the times for Sunrise and Sunset based upon theseastrophysical determinations. Page 3 (Page 1 of2) "TWILIGHT START and TWfLIGHT ENDtimes are tabulated for both Civil Twilight (when the centre of the sun's disc is 6 degrees belowthe horizon)"Page 10 (page 6 of7). Nov. 16 1992 for Saskatoon at 106.630 degrees of longitude. Sunrise at0830 (same as exhibit "F") Start of Civil Twilight at 0752 with one and one half minutes ofcorrection as per exhibit "F" is 0753 and 30 seconds. Note; This is minutes of time not minutesof longitude.Allowing for a dispatch procedure of 12minutes the accident occurred, seven and one half

minutes before the start of Civil Twilight. This makes no allowance for the other driver to stophis truck. For the passenger to go back to examine my injuries. Return to truck. Find hospitalphone number. Make call.The only illumination prior to the start of Civil Twilight is moonlight and starlight.

Page 7.13.Exhibit "H"A letter dated August 17,2000. To the Plaintiff from Mr. Bob Billington.t'Noperson shall drive a vehicle during the period from one-half hour after sunset to one-half hourbefore sunrise or at any other time when conditions of poor visibility exist, unless lights asprescribed in the regulations are in operation."

18.Exhibit "M" Pre -Trial Brief of Q.B. 507 of 1993, 11 Pages, One page SaskatchewanHighways and Transportation Motor Vehicle Accident Report Form, One Letter fromSaskatchewan Highways and Transportation to the Defendant Ms. Bailey, One page with a

17. Exhibit "L" SGI Drivers Handbook A Guide to Safe DrivingPage 38" Dangerous DrivingFailing to exercise reasonable care in the operation of a motor vehicle is an offence. Themaximum penalty is a fine 0[$2,000 and five years in jail."Page 39"The accident must be reported immediately to the police.""Licence DisqualificationsIf you are convicted of any offences discussed in this section, your licence will be automaticallycancelled and you will be disqualified from driving. The period of disqualification will be basedon the number of these convictions you have within the last five years.One conviction Iyear"Page 84. "Steer Where You LookIt is important to understand that your eyes determine the path your vehicle follows; you steerwhere you look.To illustrate this, pick a straight stretch of paved highway with light traffic. Drive along and lookat the centreline about 12 seconds ahead. Keep looking at the centreline 12 seconds ahead.Observe how the car moves over to the centreline. Now, look at the edge well ahead. If you aresitting properly, and if you are holding the steering wheel properly, you will steer where youlook."Page 85«To steer straight ahead, look about 12 seconds ahead of where you are sitting. To steer around acurve, look at the inside of the curve .....Remember, if you look at the side of the road, you will steer to the side of the road. Look whereyou want to go, particularly in an emergency or a skid, and steer there."Page. 160"Check For WitnessesRecord the names of any witnesses to assist the police with their investigation. Keep a copy ofthe names for your insurance company or lawyer in case any legal action follows ...All accidents which involve death, injuries or property damage in excess of $1,000 must bereported to police immediately .... Do not discuss fault or any other liability before discussing thedetails of the accident with your insurance adjuster."The relevance and nature of the above evidence relates to the next three exhibits.

Lighting for long trailersSide marker lights, amber at the front corners and red at the rear corners, are required on trailersmore than four meters ( 13 feet) in length and manufactured after 1971.ReflectorsTrailer taillights, rear clearance lights and side marker lights must have reflective lenses, or thetrailer must be equipped with additional reflectors in these locations.Last page. " ... Complete set of the regulations, contact SGI's Vehicle Standards and Inspectionunit at 775-6188." The Defendants

Page 8.

Page 9.picture of a highway with skid marks starting in the middle of the lane veering sharply to theright of the picture across the centreline, presumed by the Plaintiff to be of the accident site. Twopages of a letter addressed to the Defendants.Page 1. "Liability is in dispute with respect to the November 1992 accident"Page 2. "The width of the swather while being towed varied between 11 feet 6 inches and 12 feet6 inches." A swather's width cannot vary while being towed. The width admitted to at Mr.Dietz's trial in Outlook was 12'6". Therefore it is 12'6" .. .. "As the correspondence indicates the highway is a secondary highway, without shoulders,with a asphalt surface totalling 7.4 meters, or 24 feet 3.4 inches. In addition, there is a sub gradearea adjacent to the asphalt on both sides of the highway which consists of hard packed graveland the entire width of the roadway, including the sub grade width, is 8.8 meters or 28 feet lOAinches."

A. The Highway is without shoulders. Therefore if you are not driving on the highway, thepaved section, you are driving in the ditch. It is unlawful to drive in the ditch.

B. One half the paved section of24 feet 3A inches is 12 feet 1.7 inches. Mr Dietz's swatheris 12 feet 6 inches wide. Wider than his half of the highway. According to the regulationsMr. Dietz needs a pilot vehicle during the day as he is over the centrelinebefore his vehicle is even in motion. Exhibit "G" Page 3 Mr.Dietz was towing thisswat her at night, without lights on it, without a pilot vehicle and he was wider than hishalf of the road.

C. Ms. Bailey refers to the width of the sub grade here as 28 feet lOA inches. This isevidence of her absolute and total lack of knowledge regarding roads. Accidentinvestigation, driving safety, honest representation of the facts and duties to someonewho does not know are part of an insurance adjusters job. This statement would representto someone that there is four and one half feet of shoulder to drive on. There is noshoulder. The sub grade is the aggregate fi!l. The gravel, the dirt and the material thatelevates the road surface to provide water runoff. To provide the elevated surface to keepsnow clear, allowing it to naturally blow off. To reduce the grade, the incline of a roadbetween hills or variations in the surrounding terrain.~The sub grade supports the asphalt road. It tapers into the surrounding terrain formingthe ditch.- It is unlawful to drive in the ditch.

Page 3.... "the statement of Kent Ruuth ... which is not sworn, and is dated May 7 1993 indicatesthat at the time of the impact the right wheels of the defendant truck were to the right and in thegrave! area adjacent to the asphalt. The statement is also useful in that it indicates that thepassenger was able to discern the colour of the clothing worn by the occupants of an oncomingvehicle, which presumably has a bearing on the lighting at the time of the accident." Mr. Ruuth isuntruthful. The Defendant's vehicle in Q.B.507 of 1993 is 12 feet 6 inches wide. The Pictureattached to this Exhibit shows skid marks starting in the middle of the southbound lane andswerving sharply to the east, the right of the picture.

A.The investigating R.C.M P officer made the determination that" V-2 inattentive" not V-2crossed the centreline. As this statement would allege. Furthermore the finding of V-2inattentive is consistent of the fact that Mr. Dietz waited 25 minutes to 30 minutes to contact

Page 10.57-Q "And you can see that he's leaning to his right?

A It's -it's not dark out59- A Safety procedure. He could-- You could vividly see-like, it was - the daylight

was enough to see quite plainly because, you know we could make out hunting on our way overthe last 20 minutes, recognizing vehicles of people we knew that were hunting.

19. Exhibit "N" Examination For Discovery April 3 1995 for Q.B. 507 of 1993; Donald JosephDietz By Mr. Tim Turple, Council for the Plaintiff in that Matter.Page 2. 6-Q. "Okay. What time did you start out that morning?

A. 7:30"A full hour before it was legal to do so. Even ifMr. Dietz had a pilot vehicle as required by the

regulations, Exhibit "G" Page 30f 6.Page 9. 49-Q But there were no lights on the swather?

A No, there wasn't"In clear violation of all regulations and any reasonable standard of care.

52-Q "Well, what did you see Mr. Greenwood doing before the collision took place?A What did Isee him doing?

53-Q YeahA 1 seen him in a position like this coming down the road.

54-Q A position like what?A Like this.

55-Q For the record you're suggesting that he's leaning to the -A To the right."

Page 10.police. Therefore falsely leading the investigating officer to believe that the accidentoccurred during daylight. The Time on this report is 0810. The Ambulance had been on theroad for 12 minutes and had been called 22 to 27 minutes prior (allowing for Mr Dietz to stophis truck, the passenger to go back to the plaintiff s vehicle, investigate his injuries, return tothe truck, look up the phone number of the hospital and call the Outlook Union Hospital.)B."lt is further submitted that the plaintiff cannot provide any clear evidence as to hispositioning on the highway at the time in question because he was directing his attention tothe right hand shoulder ofthe highway and not to his position in relation to the centre line."Note Plaintiff's Exhibit "L" and the quotation starting on page 9. of this brief (Page 84 ofExhibit "L") "Steer Where You Look" Evidently the Defendant has not read or understoodthe recommendations of the Corporations own" Driver's Handbook"Not understood the statements of the Plaintiff that it was night, on a narrow secondaryhighway and that the glare of the oncoming truck would preclude him from directing hisattention "to the centre line". Since the defendant has already submitted evidence that therewas no shoulders (Defendants Pre-trial brief Letter from Saskatchewan Highways andTransportation Letter May 1, 1995. Plaintiff's Exhibit "M" rnot designed with shoulders."

Again and again the Defendants in this matter have shown that the give no consideration to thePlaintiff's statements of fact of assertions relating to time (Night). Their often-repeated statementregarding negotiation is Page 7. "In the circumstances, the defendant takes the position that theplaintiff is 100% liable for the accident."

The Defendant Jennifer Bailey had three undertakings arising from the Examination ForDiscovery Page i.Page 6.. UNDERTAKING #1: TO PROVIDE PARTICULARS OF Mk, DIETZ'SCONVICTION ARlSING FROM THE NOVElV1BER16,1992 ACCIDENT.Evidence In the trial of this matter will show that the defendant Jennifer Bailey wrote to the

Commanding officer of the Outlook R.C.M.P. in 1995. She was informed then, that the accidentfile had been lost, destroyed or misplaced. Evidence will also show that no action wasundertaken by the defendant to immediately investigate this accident. To immediately interviewthe original investigating officer. To get statements from him while his recollections would havebeen somewhat familiar. Evidence will show that the DEFENDANT DID ABSOLUTELYNOTHING. Undertook no investigations to review or replace evidence useful in thedetermination of the Plaintiffs liability.UNDERTAKING #2: TO ADVISE AS TO THE EXACT THviE OF THE NOVE:NfBER 16,1992 ACCIDENT In the context of the testimony and statements in Exhibit UN"and Exhibit "0"EXAMINATION FOR DISCOVERY PHILLIP WESLEY GREENWOOD by MS. BAILEY(The Plaintiffs first name was misspell it is spelt PHllJP) This was a very serious undertaking.Confirming the Plaintiffs representations of the Outlook Union Hospital dispatch time, togetherwith the time of 0758 on the Ambulance Report would have established a time about 0745.Jennifer Bailey a Defendant in this action is a member of the Saskatchewan Bar. She is a lawyer

with years of experience. She is representing the Defendant Saskatchewan GovernmentInsurance in one of the most serious areas of law. Accident injury INVESTIGATION ANDCONtPENSATION. She knew what the intent of this undertaking was and meant. Itwouldestablish that her client Mr. Donald Dietz lied. That he was criminally negligent in his operationof his vehicle that night. That it would reveal that he failed to notify police immediately after theaccident occurred, as the regulations require. As the Defendants own "Driver's Handbook"Exhibit "L" states. That he gave false statements to police as to the time and circumstances of theaccident to conceal his wrongdoing, a separate criminal act. That he gave false statements to thedefendants themselves (original automobile insurance investigator). That he committed perjuryin the Examination For Discovery April 3 1995. That he would be allowed to endanger othermotorists on the highways of Saskatchewan. Contrary to the Defendants position of insuring andlicensing only responsible drivers. That he may escape justice altogether for his many criminalactions. In fact because he was never convicted of his real offences he likely only paid $100, hisfine with no accident licence surcharges at all.The Defendants answer to this undertaking was. Exhibit "M" "The time of the accident is

difficult to pinpoint. It was initially thought that the timing could be pinpointed by obtaining therecord of a cellular phone call placed by the defendant immediately following the accident."

These statements are in direct contradiction to the evidence in Exhibit "E" the Ambulancereport (dispatch time) and Exhibit "l" The Herzberg Institute of Astrophysics Start of Civiltwilight for the day of the accident. They are also completely improbable given that Mr. Dietzwas pulling a 12' 6" swatber down a 12' 1. 7" road (his half of highway #45).

62-Q You're saying he's driving down the road looking off to the right?A I would say his head was leaning to the right."

Page II.

Another negligent discovery of the Plaintiffs preliminary investigations is the statement on theDefendants PRE-Trial Brief for Q.B.S07 of 1993 Dated Jan. 27 1998. At this time theDefendants knew that the R.CM P. files had been lost. Jennifer Bailey asked the PlaintifTin herEXAMINATION FOR DISCOVERY April 3 1995 Plaintiffs Exhibit "0"

20.Exhibit "P" PERSONAL INJURY PROTECTION PLAN REVIEW April 2000.TAKE NOTICE; The law was amended in 1995 regarding automobile insurance inSaskatchewan. This exhibit is intended to be used as reference to general issues offairness as itrelates to automobile insurance standards in Saskatchewan. It is not intended to mislead thisCourt or the Defendants.PageS. The amendment was intended to "meet three major goals." The second goal of which is;"*Enhance fairness-prior to 1995, people with similar injuries received quite different

compensation depending on who was responsible for the accident ... .if the insurance programdoes not protect an individual' financial position in the event he or she is injured in an autocrash, the individual could become reliant on social assistance ...While Saskatchewan's vehicle insurance system is built around the basic principal of adequate

benefits for all residents injured in auto crashes, it also recognizes that those who cause autocollisions must bear responsibility for their actions. Those at fault for collisions pay penaltiesthrough the driver's licensing system. In addition to surcharges against their driver's license, iftheir driving record shows a history of risky driving behaviour, they may be required to takeadditional driver training, or may have their driver's license suspended."Page 14. "If the behaviour that led to the collision is criminal, the criminal justice system addressit through appropriate fines or penalties, including incarceration in extreme cases."Evidence will show that this is not true when the negligent record keeping as shown by the

defendants in this matter is evident, reothe lost ambulance report. Exhibit "N" Examination ForDiscovery of Donald Dietz Page 5.29 Q" Outlook. I wonder whether we could have yourcounsel's agreement to provide a copy of your driving record?Ms. Bailey No, I don't see that that's relevant."In 1992, SGI was responsible for vehicle insurance, registration, licensing and vehicle

Equipment Regulations (specifying requirements for lights, brakes etc. on vehicles) andpassenger vehicle safety. Evidence will show that they were not responsible. Evidence will showthat they were negligent.

Evidence will show that Ms. Bailey negligently failed to perform this undertaking with the skilland perseverance that would be expected of a lawyer of her experience. That she failed to pursuethis undertaking during a time while she was aware that the R.C.M.P. accident investigation fileshad been lost.

Page 12.Did they check the Davidson phone book for Autotran's cell phone number (567-7630)? Check

other employees and owners of Autotrans cell phones? Check with Outlook Union HospitalAdministration? Contact the ambulance driver and attendant? Look for the ambulance report inthe Defendants own possession? Evidence will show that no such genuine efforts were made.Despite the Defendants contention that this undertaking "is difficult".

A false representation introduced, or intended to be introduced into a legal proceeding.Specifically to deceive the Plaintiff Especially so, given Mr. Dietz's statement, and Ms. Bailey'sPage 3. "Which confirmed that the plaintiff had in fact crossed the centre line". To negligentlycompromise the Plaintiff's rights to the contract of insurance. This Pre- Trial conferenceintended for 1998 was never held. Had it been held, it is clear that the benefits of insurancecompensation would have been seriously compromised or denied altogether. Possibly due to anillegal deception arising from the actions of the Defendants and Mr. Dietz. Me. Dietz'sstatements and Ms. Bailey's statements and actions need examination in a court. This could be aviolation of section 137 of the criminal code.137. Every one who, with intent to mislead, fabricates anything with intent that it shall be used asevidence in a judicial proceeding, existing or proposed, by any means other than perjury or

69 Q" What were road conditions like?A Very good. They were dry, no snow to speak of on the shoulders of the road, and visibility

unlimited" No mention of moisture on the highway or tracks in the moisture on the highway.Now the Plaintiff refers to Page 2. of this Brief, statement #4.The R.C.M.P. Officer that

attended the Plaintiff's home asked for a statement and asked one question. Was there anymoisture on the highway that morning? There are two reasons why this remains clear in thePlaintiff's memory. First, as a hunter being aware of the weather conditions is important. Itdictates the methods of hunting and the strategy of the hunt. Wind, moisture, temperature, snowetc. all are important. It was also unusual given the clear, cool weather of that day. Secondly, itwas the only question that the Officer asked.The Defendant's PRE·TRIAL BRIEF page 3. Third paragraph states "Following the accident

the Defendant, Dietz got out of his vehicle and was able to examine tracks in the moisture on theroadway which confirmed that the Plaintiff had in fact crossed the centre line"As the questionsshow (Q. 73-78 Donald Dietz examination) plaintiff s Exhibit "N"No reference to moisture was made by Mr. Dietz. It seems clear though that Mr.Dietz made a

statement to SGI and to the R.C.M.P. that somehow moisture formed where there was none. Theinvestigating officer certainly observed no moisture. This is known to the Plaintiff because theinvestigating officer specifically asked the Plaintiff that one question. The R.C.M.P. would notask the Plaintiff to confirm an observation that they made directly themselves. If they had madethe observation that tracks, in moisture, of the Plaintiff s vehicle had crossed the centre line. Thefinding of the Investigating Officer would have been V-2 crossed the centreline, not V-2inattentive.On page 7. Paragraph two of the PRE-TRIAL BRIEF it states"The defendant and the attending police officer had the opportunity to examine the tracks made

by the plaintiff s vehicle in the moisture present on the roadway. "THIS STATEMENT IS FALSE. Furthermore it is the plaintiff's reasonable belief that even Mr.Dietz is not so foolish to make a statement like this to SGI's original adjuster. Because it wouldbe easy to prove false. By asking the R.C.M.P. officer at trial, or at other examinations of theevidence. In 1998 however, Ms. Bailey knew that the records of the R.C.M.P. had been lost. ThePlaintitftherefore can only conclude the author of the PRE-TRIAL brief Was the person whoattempted to introduce this false evidence into the judicial pre-trial conference. This is unlawful.

Page 13.

4. The imputation of a crime communicated to another party including the plaintiff directly issufficient to be defamatory and therefore actionable. Ward v.Mcbride (1911),24 O.LR.S55c.x. and MacDonald v. Mail Printing Co. (1901). 2 O.L.R. 278 (Div. Ct.) reversing (1900),32O.R.163 H.C. and Young v . Sloan (1852), 2U.C.C.P. 284 C.A.

3. The letter addressed to the plaintiffs council was seen by the defendant's secretary, theplaintiffs secretary, fax personnel and other Merchant Law secretarial staff. Furthermore itcontains an allegation of Criminal wrongdoing. Criminal assault. It was immediately clear toboth the plaintiff and to the plaintiffs council Mr. Tim Turple exactly what was alleged, "threwat" and "call police" leave no doubt in anyone's minds.

2.The claim of privilege is not sustainable in circumstances where a letter serves no purpose inthe litigation to which it's related. Where a libellous letter was written unrelated to the legalmatters at hand. Letter far removed from actual court proceedings to which privilege couldapply. Reasonable cause of action existed and motion to strike dismissed. Fabian & Kayev.lseman (September 18, 1997), Doc.97-CU-129802 (Ont. Gen. Div.)

l.The facsimile letter of June 20,2000. Was not written within the context of any legalproceeding. Itwas written in relation to a drug expense reimbursement request far removed fromany legal proceedings, years removed. For a qualifying privilege to exist it must be plain andobvious that the remarks are privileged. Directly relating to a legal document, legaJ proceedingor judicial matter.

LIBEL

The Defendants in this action have applied to have this action struck out. The Defendants havesupplied the Plaintiff and the Court with a BRIEF OF LAW AND ARGUMENT outlining theirviews for their motion to strike.Page 2 Item 2 "The purpose of rule 173 is to save the court and the parties involved the cost,

time and inconvenience of dealing with seriously defective or unmeritorious pleadings, claims ordefences. "The Plaintiff believes that the evidence. Is sufficient to prove this claim at trial. The Plaintiffhas submitted evidence such that four separate and independent actionable offences haveoccurred. Obviously, letters to the Plaintiff outlining possible violations of traffic offences etc.carry no weight before a court. This very preliminary evidence is merely to illustrate to the court.For the purposes of this motion to strike. The direction of the Plaintiffs arguments offact.Expert testimony shall carry the claim, together with the evidence of negligent wrongdoing bythe Defendants.

ISSUES

Page 14.incitement to perjury is guilty of an indictable offence and liable to imprisonment for a term notexceeding fourteen years.R.S.,c.C-34,s.12S

A. All injury claims shall be accompanied by all relevant documents of all parties involvedat all times.

B. All claims involving injury shall be accompanied by ambulance reports if applicable.C All statements involving differences offact or differences of opinion involving liability

shall be investigated immediately. Timeliness is important in accident investigation.D. Equal weight will be given to all parties and their statements will be fairly investigated.E. All dealings with claimants will involve the highest standards of fairness, to all parties.F. All employees dealing with issues of liability or accident investigation shall know all

relevant laws within the province that might apply.G. Courses dealing with training the above standards will be reviewed at regular intervals.

POLICY REVIEWH. All personnel dealing with the above issues are required to attend such courses without

exception. The corporation will audit courses to see that standards are met andmaintained. POLICY OVERSIGHT

The plaintiff suggests these standards of insurance practice within Canada. It appears thoughthat the Defendant corporation has no standards. Where an adjuster asks questions about the

2. Failure to INITIATE policy. Such policy would state concepts of;

l.The pleadings of the Plaintiff's claim from paragraph 8. through 12. fall into two areas.Negligence of the corporation and the negligence of its employee Jennifer Bailey. Thenegligence of the corporation is mainly due to failures to take actions to protect the value of thecontract of insurance, the plaintiff's claim.

NEGLIGENT ACTIONS OF THE CORPORATION

2.The Defendants have stated in their Personal Injury Protection Plan Review (Exhibit "P") page11." Clearly, persons who are injured require irrunediate access to funds to coverexpenses ... Expenses are paid as soon as reported." And page 13 "if the insurance program doesnot protect an individual's financial position in the event he or she is injured in an auto crash, theindividual could become reliant on social assistance."

I. The Plaintiff had submitted reimbursement requests twice for drug expenses. The Defendantshad refused these requests twice. Even though the second reimbursement request complied withall reasonable standards. Complied fully with the procedure outlined within Mr. Fogg's letter(Exhibit "C"). The actual drug expenses identical to drugs reimbursed by the defendants before.

FAILURE TO HONOUR A SPEC[FIC TERM OF THE CONTRACT

Page IS.5. Furthermore when Mr. Larry Fogg contacted the defendants at the Saskatoon Claim's centre.His letter of July 7,2000, plaintiffs Exhibit'C", clearly shows how the defendants explained it tohim "could result in injury to a staff member". The Defendants explained the facsimile letter tothe Plaintiff himself in the letter from Mr. Fogg (Plaintiff Exhibit "C") that they were concernedabout "injury to a staff member", clearly assault.

1.The provisions and regulations as stated. Policy formation of standards as it applies to thecontract of insurance are separate from the regulations. A bona fide administration omissionmust be considered within the context of the regulations and of all law. If administrationomission were so broad as to include all negligent acts. The operations of Saskatchewan

No action whatever, and no proceeding by way of injunction, mandamus, prohibition or otherextraordinary remedy shall lie or be instituted against any person in respect of any bona fideact or omission in connection with the administration or carrying out the provisions of thisAct or the regulations.

Section 86 AUTOMOBILE ACCIDENT INSURANCE

4. The representations within the PRE-TRIAL brief of crossing the centreline needexamination. Their true source needs examination in court.

3. No standards of fairness in any of Ms. Bailey's dealings with the Plaintiff were evident inany representations, or any dealings that she had with him. I refer to the representations madein the PRE-TRIAL BRIEF. Representations the Defendant in Q.B. 507 Mr. Dietz was drivingin the ditch. That the road was four feet wider than it really was are not made in the truecontext of fair dealings. Certainly Ms. Bailey seems polite. The Plaintiff prefers fair.

2.Ms. Bailey failed utterly to comply with the demands of undertaking #2.in anyreasonable way. When the Plaintiff talked to a representative from Sask. Tel securityregarding subpoena procedures. I was told that one search could involve multiple names andmultiple numbers for one fee. Furthermore in 1995 the search would take "almost no timewhatsoever". When the representative gave me the cell phone number mentioned on page 12.of this Brief. The plaintiff asked her." So I just name this number in the search?" She replied"No. List every combination of names and numbers, we would search them all for the callmentioned, or it's time or both" Ms. Bailey knows this of course.

I.As aforementioned Jennifer Bailey is an experienced lawyer. She was not fooled by Mr.Dietz for a second. She has been employed in her capacity of accident investigator for years.Accident litigation for a long time. All the omissions, negligent inactions and negligentactions cannot reasonably be inadvertent. Ms. Bailey is just too experiencedSub grade as a driving surface? Well, this representation will require more examination, as itmay be due to lack of training or negligent standards of fairness.

NEGLIGENT ACTIONS OF JENNIFER BAILEY

Page 16.width of the gravel in a ditch suggesting its use for regular travel presumably. States in a PRE­TRIAL Brief that the Plaintiff can drive on the sub grade, or that the Defendant Mr. Dietz wasdriving in the ditch to avoid the Plaintiff. It just does not correspond to any standards ofreasonable accident investigation representation.

This claim was therefore stated in terms of "good faith negotiation" not the higher standard andallegations as above. However evidence and expert testimony as to reasonable standards ofinvestigation into undertakings, accidents, law, contract law and insurance industry fairness.Shall be carried far beyond the requirements of the Plaintiff's Statement of Claim. likelyproving the allegations aforementioned.

The court would naturally be sceptical about a claim of this nature. One alleging thesubordination of perjury and insurance fraud by a member of the bar in good standing. Oneknown to the court for her lucid and intelligent arguments of case law and fact.The court would also know that the proof of such a claim would be very difficult. As a member

of the Saskatoon R.C.M.P. Commercial Crime unit told the Plaintiff" Proving fraud is very hardin court. You have to prove fact and you have to prove intent. Both beyond a reasonable doubt."

The defendant's council has made reference in his BRJEF OF LAW AND ARGUMENT tomany cases where claims have been struck. Kish v, Chapple, Kieling v. Saskatchewan andSymons v. Toronto Dominion Bank. The plaintiff respectfully submits the same cases. Theplaintiff cannot disagree with the reasoning of the courts. The merits of this claim have beenoutlined within this brief Evidence submitted for the benefit of the court in its decision-making.Also for the benefit of the Defendants.

SUMMARY

S. If the real policy decisions of insurance, claims management, personnel and their training.Were the sole domain of the president and other executive personnel. The plaintiff wouldhold them solely responsible for negligence of the corporate body.

4. The plaintiff would concede that they would not be liable if the nature of their work wasmerely the regulation of costs and pricing of insurance. Merely representing the government,the shareholder of the corporation. With no discussion of the day-to-day operations of thecorporation.

3. In the situation that gave arise to this claim. The members of the board of directors haveduties flowing from the contract of insurance. They presumable receive compensation fortheir work. If the work is negligent. It should not be protected by a provision designed toprotect the government. As directors of the corporation they have duties to the Plaintiff.Therefore the Plaintiff submits that the board of directors are actionable personally.

2. The intent of this provision within the act. Is the protection of the government and it'semployees who administer the act.

Page 17.Government Insurance would be beyond the law. No claims could be pursued for anywrongdoing in any situation. Ms. Bailey would be likewise protected.

The plaintiff thanks the court for it's serious deliberations of this lengthy brief The plaintiffalso thanks the court for it's kind words, and thanks the Defendants council for hisunderstanding. Regarding the Plaintiff's request for adjournment and reasons thereof on August24,2000.

Therefore the Plaintiff respectfully asks the court to deny the motion of the Defendants.

At the same time it is the Plaintiff's belief that this motion to strike by the Defendants wasunreasonable. That it is really an indication of their cavalier attitude. To their duties to thePlaintiff under insurance contract law. To their duties to the Plaintiff under other Jaws, the natureof which defines reasonable behaviour and actions.

It is not the nature of the Plaintiff or the intent of this claim. To interfere with the business ofthe corporation. A legitimate enterprise that enjoys the widespread support of the people ofSaskatchewan. Nor is it to harass or humiliate any members of the executive or board ofdirectors. Or to harass or humiliate Jennifer Bailey. The Plaintiff understands that under rule 173."The court may at any stage of an action order any pleading or part thereof to be struck out,"Rightly so. The Plaintiff realises and understands that if the nature and area of his examinations.Of the Defendants or of evidence. Strays into harassment, abuse or be immaterial to the claim.The Defendants will be filing motions under rule 173 again and be immediately successful.

Had the defendants been responsible in their dealings with the plaintiff Had they conductedtheir business operations according to standard practices within the industry. Had Ms. Bailey notbeen negligent. The Plaintiff would not have incurred the $30,000 in legal expenses per thecontingency agreement for the action ofQ.B. 507 of 1993. Mr. Dietz would have been dealt withaccording to the laws and regulations within the Defendants book DRIVER'S HANDBOOK.The Plaintiff would like to put this entire situation behind him. The Plaintiff doesn't enjoy theprospect of taking on the formidable resources of the Defendants in court.

By doing all investigations by himself. Interviewing all expert witnesses by himself Theplaintiff can conduct the trial of this matter within 18 months. For $12,000 to $15,000 totalkeeping direct legal council expenses to $1500. Council would be required for trial planning,review, direct examination of the Plaintiff at trial and case law research as required.

Page 18.The Plaintiff has no illusions as to the requirements of time, research and money. To pursue

such an action before a court. EspeciaHy so given the knowledge of law and resources of theDefendants. Discussions with members of the Sask. Trial Lawyers Assoc. Has led the Plaintiff tobelieve that the 6-8 expert witnesses and 4-7 other witnesses. Can introduce the substance of thisaction within 7- 10 days of trial. Six to eight days to establish this claim. But the Plaintiff shalltry to establish the higher standard of negligent misconduct. Part 11. of Plaintiff s claim" TheDefendants knew". The negligent misconduct as alleged above. To better carry the arguments forpecuniary damages under Claim 13. (H) "Other aggregative, punitive and exemplary pecuniarydamages as the court finds. Arising from the facts and evidence presented in this action."

PHILIP GREENWOOD317AVE.P.N.SASKATOON SASK.S7L 2V7PHONE 241-4466

ALL OF WHICH IS RESPECTFULLY SUBI\.1ITTED THIS 5th DAY OF SEPTEMBER, 2000.

If this behavior is repeated we will report the matter to police.

/~tr~~:~'( --rO ._c:~....._ ).eni;i~r Bailey .

Thb .....ill odyioo that your o'iont o.Hondod ot ~c I thic ",ornina ~n tn..ow t-"t:' .......pty rr ...",,,.ir-tir.n ,fi",1c:at our recepuuutsi. PltlC::l;)C: c::u.Jvj:>c MI. GI",.,II""VW U,,,t hi:. rcql.lc3ufor rcimbur3cmcnt of

expenses are henceforth to be made in writing or though yourself. He is no longer welcome toattend at our offices.

RE: PHILLIP GREENWOOD

Comments:

Date: 20/06/00Pages including this

cover page: 1

From: JENNIFER BAILEYCompany: SGI LITIGATION - SASKATOON

Phone: 683-211:3Fax: 244-2513

To: TIM TURPLECompany: Mt::H.(';HANI LAW GROUP

Phone: 653-7777Fax: 975-1983

Facsimile Cover ShtJ~t

S85k;..toon Ottkc623 • 2nd Avenue N.Saskaloon. SK S7K OH3lfIl' l~nn\ f\R:\~F3,(: (306) 244·2513

Reginasouth Office3825 Pasqua Street. eo. 140ReQioa. SK S4P 4.11T"': (~) TT.F. IU(\.C: .Fu (:lOG)584·0919

Head Office2260 . , Hh A.,gnuE:Regin~. SK$dPo.l!<Tcol: (OOC)7:;' 1CHl

Fax: (::J06)35200033

551

Please find enclosed a letter from Ms. Jennifer Bailey accusing me of assault. Acriminal act, which Ican assure you never happened the empty prescription, vials withreceipt. Were thrown across the reception desk onto the floor.Saskatoon City police have advised me to communicate with "Ms. Bailey's boss" to

resolve this before they will investigate. Idon't appreciate being accused of assault.I also don't appreciate Ms Bailey and S.G.l. and their "policy" for failing to reimburse

Me for what now is over $100.00 in prescription expenses. Iam not paying my lawyer$2S0.00/hr to get routine expenses reimbursed. Especially when S.G.l. then claims thatthey vv ill only pay when they receive the "original" receipt.Ms. Bailey and S.G.1. have lied before. It's unfortunate that this behavior is rewarded.I await Mr Fog's written reply so I can take this correspondence to Saskatoon City

pOZice ~ i~stigation .. #/¥P</~/8~Ji:

Phi ip Greenwood317 Ave. P.N.SaskatoonS7L 2V72414466

Mr. Larry FogMr. John Nilson

2000-06-27

... .12

Where your unpaid prescription drugs are concerned, I understand that although youprovided Ms, Bailey with amounts paid,____y-ouneglected to provide originals or copies of,the receipts,_SGI requires that ~IL~!~.g_~xpendituresbe sUPpo~~~J).Y_~_!e._c~iptindicatingboth the drug p-urchased and_theamount paid, If you will see to it that originals or copics

SGI constantly strives to improve its customer service, Customer service trainingprograms for staff are mandatoty and emphasize the importance of the customer and theneed to treat each customer with courtesy and respect. In return our staff are entitled toreceive the same courtesy and respect from the customer. Where a staff member or acustomer resorts to conduct which is discourteous, disrespectful or carries with it the riskof physical injury, corporate management has an obligation to take measures to preventsimilar and perhaps more serious incidents from recurring. This was the purpose of'Ms.Bailey's letter to your legal counsel Mr. Turple and in the circumstances was, I amsatisfied, both appropriate and in the best interests of all concerned.

I can appreciate your frustration at the delay in payment of your prescription costs. Thisdoes not, however, excuse your actions in throwing the two prescription vials at ourreceptionist. Incidentally, our receptionist is adamant that the prescription vials landedon her desk and not, as you allege, on the floor. On learning of the incident Ms. Bailey,out of concern that a similar incident could result in injury to a staff member, consideredit advisable to write your solicitor, Mr. Turple, It was suggested that any future requestsfor reimbursement be presented in written form and not in person.

I have received your letter of June 27, 2000 regarding the incident occurring at SaskatoonCentral Claims on June 20 last.

Dear Mr. Greenwood:

~. Philip Greenwood317 Avenue P N.SASKA TOON, SaskatchewanS7L2V7

July 7,2000

Tel (306) 751-1?00Fax (306) 525 6040

"260 - , , til AvenueRegina, SaskatchewanCANADA S4POJ9

E:xecutlve Offices

551

cc: Honourable John T. Nilson, Q.C., Minister Responsible for SOlTim Turple, Merchant Law GroupJennifer Bailey, Saskatoon Central Claims

~d6Larry FoggPresident

of the prescriptions are mailed or faxed to Ms. Bailey, payment will be made to youwithoUf delay: --

-2-

\1r , \In • 1'11\10' I'''' \100"'1 .1\\\ 0 l{u.I' \ • <..; ,,,,,.\ rO(l' 0 \\ 1"11'1.1.' ,·(IIU.;10'

CATIIFRlt\F DAN II,K LWICI L SecretaryPer:

MERCHANT LAW GR01;P

Yours truly,

We look forward to receipt of the "original" receipts dated 07/09199 and 08/30/99,

You note "$8 L 78 - still owed since March 26/99". Again, SGI has corresponded with us on thatmatter, Unless you provide the "original" receipt, they will not reimburse you for that expense,

I am writing to relay information regarding your reimbursement request. The receipts you providedtotal $17.56. The "original" receipt for one of the prescriptions for $3.58 dated 07/09/99 and S2.53dated 08/30/99 were not included, even though the till tape was, SGI will not reimburse you withoutthe "original" receipt. They look different now, as they have a waxy background, If you have thoseoriginal receipts, please provide them.

Mr. Turplc is away and will respond to your letter of February 16,2000, upon his return,

RE: MVA: July 24 and November 16, 1992

Dear Sir:

Mr. Philip Greenwood317 Avenue P NorthSaskatoon, SK S7L 2V7

March 9,2000 OURFn.E 439572 TET

BI('..I'l:J.KOT D'·.AI';MA"l'N,'-E,·I., r FA M"R('HAK'l T'I'I.[R J BO!\11IToWARDL.TEt-.'NENIIOl!SI·. • S NOI\MAKROSI.~'\AI '1·1'''1R'('KO AI.I!I·.RTS<· III'.NR,I'V ('11..,1,,'-0',Mr01EU.E L "Al!G (; J'ETf~ M ",",OllSO,CJBRU('I'.G NEIl.I, r.l "OM r S lH"'H' 0• Re.1ittlUJK In ~'fmnlr('>-~ 21 R,,·\ "j.'ftJ~m I :(.I'm(m/( III

{;ORDO~ J K NEill .. () C ' E F ""T!1tl'.l Mt:K('II,''iT. Q C (. I '~'()'m I: 1lJl{l'l.,·.RO:""Lll.l [)l'~'o:-;n.,':x Ihl "Y'<I' / HRAl'" .\1'CII"EI. R \h:-'TY"A1.,'1 L .....1I'.lKI.E~ DA"n>A HAI.VORS(:oJ' RO;\AI.IlI· K"MI"'S(,II iiiR'CIl.~ltDS YAilOl "ITS" I' : C...rllI'R'''-'F \1 /.RI·MIA" CIiI .IANI' A"':~SI·'1~1f.RSl:(I"RAW B H£'~RI('I'S', DREW R FIl.n; ,. '1 s u \'r ~ Sl!~u ..11RS UC"'~"'~I"(' [)H l!('ALJ (I.,,',I';{' 1l'·:--ll.Jol',/"smRD CHRIST::"" T. (".I~H\RI)·,S TEPHE."':J. BRO~S TEr:-: , GRAil "M K NEILl.!il :-.h 11." K t...iMKOVI(' lJ

::;01·224 rot'RTII i\\E"IJr SOI'rHo S\SJ.:Al00:\, ·S·\S""TClIEW..\'1·S7h: Sl\lS 0 FAX (30(,) 975·1')83· rEo:I,:(30(,)653-7777VlERCHANT LAW GIl.OlJP

enclosure

CA'I'II ERINE DANIl XI:W leI L SecretaryPer:

MERCHANT LAW GROlJP

Yours truly.

If you require anything further. please advise.

Our letter to SGISOl's responseOur letter to SGJSOTs response

April 1, 1999May 5.1999June 18. 1999June 25. 1999

Enclosed please find copies of correspondence as follows:

RE: Request of August 3,2000

Dear Sir:

\1r. Philip Greenwood317 Avenue P NorthSaskatoon. SK S7J. 2V7

(lIRIIlI 439572 TETAugust 4. ::WOO

1'1\111111\ f·. II 1(1'1.1 Blu·\~.1 Kill 1)1A~ t-.L\ 111'1"MICIIAEIIt ~1·"rn:·\ F\'An FA Ml'RCII,'"I ')'YII·R.IIl",,"Ih' II) i\ H·\l.\·ol(~t.:-.· RO!\.AI.1) I: ".\~I~lrSl'lIli!l 1l1l\\,\Rl)l. ')'1"'1"1101 ' ••(',''IIlERI...r M I.RY\II·'I(ICl JA"E!\'" S(·...I...II·RSw PURI('"O AII\H~I~'(jl'~ ·\11) H. 111'''I(1('lIs DIU \\ R I'll YI( T STI'\ I·' SI \1\11 RS (.J('II·\IU1·\1·(' (')111C,\0 (j ·\\'1' (;. BF,'lI E"-l'r~III'R0 IlKI'(H; NIIII :iii"1.\TEA 1. f\.·1·'\l"O\·Wn mI Hl'Si"1IJ~ IIJ r,lmtJll/.m • N..·, ,dw,s.: Iti lr(mrl/~l'go Nl',;d','.~ttl (·,I(!!d''v

I: F /\''>'1'1IC1'" \1F~I'II.\~·I.(.)(·1)\\", 'I, /. Hi(\1 ,1·,,,1 MEI1-.1F~

1{1C'l1·'~I)S \'..111111"II S~ \ I1lr.~RIP v ('1I·\1l,,"01 rPVT'l-RM,"OI sm 0(iR·\II·".K l\11l1.1!i:1Nl'.\ "~JtngIt.' r"t'klPlt

\ ;ORIlO".r" NHII" I) (.1<O~,\I1).1 [)I :1.10'('I' \1 ,KF\'I'> I). uu IS ,\(I~\1·\\ KII~I':-'11,\I'~1•\1.\KI·\' 1:. BRY.\' r n\111'11l1 1.1·I. 11.'1'1;111\1(' S I rJ>PI'R a

U('\.·ciwg lit U,';!m«(

ser - 224 Fm RTIIAn::"n: SOlTil. S.·\SK,\TC)()'.SASI\\T(·IIEW"'. S7K 5:'\15. "'AX: (306)975-1983. Tu.: (306)653-7777MERCHANT LAW GROUP

--.-------- ------_ ....._- .._-_ ..._._-' ._" ._ .._---------------_._-----------

, ~I:.t;:· : '-1.~ :l.l··~'·,:1· ,I :'.:' :,.~•..I

11':< ••• ~) '.. , I.l.....':...0·.....:",.~·,:1'.Io-•• l~l.n'· ~;t< <~;ti .1·:·,~;hI..'. unf}: '.l::"1 B,UP .!"

.']....E: ~).!.t.,onl:

sutton group - norland realtyt,N I:-;mPE'ND('N'MI.MbC!l !,IIOKrn •PHILIP GREENWOOD

'i FT:cjdrnclosurc

TIMOTIIY E.TlJRPLEPer:

MERCHANT LAW GIU)UI)

Yours truly,

Thank you.

Please forward a cheque payable to Mr. Greenwood in that amount at your earliest opportunity.

Enclosed please find a further series of receipts with respect to the above matter in the amount of$263.35.

RE: Philip GreenwoodMVA: July 24 and November 16, 1992Your file: S7178950 AUTOT & Q0085455 THOMPOur file: 439572 TET

VIA COURT RUN

tlKI"NJ. KOITII()MA~ 1. ()r.ClH rAt'CA I'III·.RIN!' M. ZRYMI.•K I!l

1\1"11"1.TOKARIK,r [~G aPtn:lIMA"OlIS05 0ST[PII[N A. DRON5H.I"(.Cia ResiJin,.: in F.dm()t1fmr

TIMIlTIIY1'.TllRrlf.E"""TT F.A. Mr:RCIiANTRI(·IIAROS.YAIIOLNITSKYIG~RALDB. IIEINRICIIScDII VID 1. FLETT oTOMC.STf.PPI'.R0I Residing in York/f)"

1-:.r.AN1IIONYMI:I\OIANI',Q.C. (>

MICIIAF.IR. MAN" KAS.NORMANR()~"NHAlJM•HENRI r.v. OIA8<\I>:OI.l; (,MICII[l.l[ L. 11,,1)(;CoBRUrF.G.N[ILL ~• Res;drngin H-'i"fU,,~g

Dear Madam:

.lennifer A. BaileyAttention:

Saskatchewan Government Insurance623 - 2nd Avenue NorthSaskatoon, SK S7K 0113

April I, 1999

(iOKI)ON 1.K.NIIU. Q.C ;,DWAYN~Z. IlKAI!NDAYII) A. II.\I.\,()R~I· N (,

P"l1\K'~ G. AI.IIF.RIS,'1 Srrvr» SI!M~II.KSnCURlsrlNE I..Cl.lrmRI) (.(j.E.CROWl, (1925·1989)uR"sld;"8 ;11 C"/8ary

\VII.I.IAMIl. "I!K!}"Rm:.I1.1) 1. DIIMO'"lCblll.'I.IN I..Mf.IKll c;aJANr:ANN SLIMliERSnDkl.l\ R. FllH: c-GA YIN G. FltNTI.f:V·FI~IIEII0OIIlI\I.[N[ C. DI. L\ICAU('.Retitii.~gi" R~x"'u

501 - 224 FOl!RTI1 AVt:NUI:: SOlJTH· SASKATOON·SASKATCm:WAN· S7K 51\15· FAX (306) 975-1983· TEL: (306) 653-7777l\fERCHANT LAW GROUP

O"""------~

" .' .....

OPEN 24 HOURsr! rG,S,T. f Rl02J9J6J4

MARCH 19, 1995' S: 45 PI"

ITEM

CASH

5,49.L1Vcjt

S,87 CHANGE

lB ACfT WITH COPET lGSUBTOTAL7'1. GSTTOTAL

156 10 2040 410

SHOPPERS DRUG MART j410#20 -2410- 22NV STREET W[S:

Rx I 6286288 !XWIP.i£DstmsTC1'.f Pfw.if:lCVTER11ilil Ii) 71100425

Urrent Dro.sctible B.alance 168.19RFProved Prescription Corl ~N€1JDrorlible Balance t 686.48

84182199DIN 821aJ688

Rx ,. 6286288DP

84,132/99 1J:54: 58~PNILIP~~ N,SftSKRTOOH~jIDLLfM)Di5f>ensin9 D3~orr. JOOfFFEX(R

'YOU' Set.j-ffnJal De-ductible.t 858.00

g (.'...c.1"'..:$.... ",yo ...('/ ..·...u- "'_',.

SHDPPER~ DRUG h~RT t1~0~20 -211C·~ :?2Nf: STF;E~r ~tS:

II

l~ " , :.,; ,.

,-,..,~ t...,', ..·-...:'.;.. J ',_ '_o. ; _ : -:

. . . .I '_' ... :_ !.... '":_.'~:-',,;:--,~.. _._ .......~.-,..' .... .-:.....,,':.... _'_.-:, ;~...: ..... , : :'1·_·.· ... _ I .... _.

" ,_'_ ,~::... , _ ',

.... :', , - -

:.. ..... _.,.'..:....

10: '6286288 W{f

~~~~OP~ ,P:r::~~l~

Current Deductibietf:ff'O'v'Ed Prescr' jpt j((lt-l¬ \J De-ructib12 Sa

317 RUEHlEP H,DR.KEE~~, r~lrQli iSFi'fl5 j os Date(lTV. WB£FFD,'fJ{

Vour' SE1'lHlnrru31

..... 1 r, ..1. ~.• !t f t .. t ~ .. ! '., #.!

~....

_' ........ _._- ..........__ .......--;

-.(.{o~(-.\UM"if.1 ~()CSPIT.4I.

/

/./

I-ncl.

RBics~

Renee BohmannLegal Assistant

Yours truly,

Thank you,

Should you have any questions or concerns regarding the above mentioned, pleasecontact the writer.

As per your letter of April I, 1999, please find enclosed our cheque in the amount of$181.54 payable to Mr. Greenwood. SGI has deducted the amount of $8 J .81 from thetotal invoice as we require the original Sask. Drug Update that corresponds to the oneenclosed. This original receipt should specify information such as the Name and Addressof the patient, the DIN #, the name of the medication, the Rx # and so on. We thereforeenclose Mr. Greenwood's receipt for his records.

RE: Philip GreenwoodYour File: 439572 TETOur File: S7178950 AUTOT and 00085455 THOMP

Dear Sir:

frean\",f~.\ 7 l<!SC

ATTENTlON: Tim Turpie

Merchant Law Group501 - 224 Fourth Avenue SouthSASKATOON, SaskatchewanS7K 5M5

Saskatoon Office: 683-44X9Renee BohmannPhone: 683-4485

Heply to:May 5,1999

Saskatoon OfficeG;>3 . ?nd Avenue NSaskatoon. SK S7K OH3T.!I (306) 683·44891:;lX: (:JOfl) ?44 2513

Regina South Office3825 Pasqua Street. Uox 140Regina. SK S4P 4J 1Tel (306) 775 6306Fax: (306) 581·091 !l

He-' Office2~ 11th AvenueRegilla. SK S4P OJ9Tel. (JOG) 751 1218Fax: (306) 352-0933

SCSILegal Department

-----------_._-_ ..._-_.__ .._-

MRM/mw

~1ICHAEL R. MANTYKA

Per:

MERCHANT LAW GROUP

Yours truly,

Thank you.

Please forward a cheque payable to Mr. Greenwood in that amount at your earliest opportunity.

Also, please find enclosed further series of receipts with respect to this matter in the amount of$241.29.

Thank you for your correspondence of May 5, 1999. As requested please find enclosed a copy ofa printout produced by our client's pharmacist in relation to his prescription expense ofS81.81.

RE: Greenwood v. Loback et alYour File: S7178950 AUTOT

Dear Madam:

Attention: Renee Bohrnann, Legal Assistant

Saskatchewan Government Insurance623 - 2nd Avenue NorthSaskatoon, SK S7K OH3

Our File: 439953

June 18, 1999

DAVID A. IIAI.VORSF..NC'CA TlIERIN[ M. ZRYMIA[( IIIGERALD B. HEINRICHS"M I('IIE LU.L. HAUe; cTHOMASJ DECOTEAU

IA"l..MF.[[(I.F.BRIClIAR[) S. YAI IOI.N[rsxv III[NRI P.v, CIIABANOI.E <,MIClIAEI. R. MAmyK."CHRISTINE L. CUFroR[) C,CIIA.RLENEC. DELue ...01R~!uding in Ym·l'IJIT

GoROO" J.K. Nf.1l.l., Q.c. c- E.F. AtHlIONY MER(,I['~Nr, o.c. «BRIAN J. Kor s. NORMANROSENBAUM'PATRICKG. ALDERTS (. RO.......lD J. DVMONCtAl'XDREW R. I'll n;" T. SnVF.N SUMMERS0aA.VIN G. BENTl.F.Y.fISIIER 0 Ev"rr F.A. Ml:'RCIIANTTOM C. STEPPERU STHIlEt-: A. BRONSTF.1S~,o R.~'J;Jlngm G1Igg,:,· E Rt!.\Mirt~ in £JIPIOn1Vtl

WILLiAM B. PURDYT[.\lOTHYE. TURPLEJAN£ ANN SUMMERS0DWAYNEZ. BRAl't'IPEnR MANOUSOS 0BRUCE (I.NEILL iii(. Rf.'$idr"g iff Rt-gilld

501-224 FOURTHAVl:NU[ souru > SASKATOON SASKATCIIF:WA}\ S7K 51\f5 • FAX: (306) 975-1983 • TEL: (306)653-7777

.~lERCHANT LAW GROUP

SREEr-,\>'(Jul; Da~~: :H!3Ai ) !Slb. i" 151~. t:

'"""", ':.t:••';.;~::-UiL.._td<-._{dl'i.CU ;:,i P:: ~ -I ~ ~ [' ~: .... C "! ~' r r- ~. 1 c ( .:- '.. t

8irthdat~: 1210115(,

Patient Insuranceat. Rx. No. i/ty Unit trrug HaIP Dnl Doctor "om , Init ial s Total Pays PdYS

~/82m blb8be2 3S TAB NJ tWROl CC" 1l086~4a Dt,. STIIAIA !l. . 7.Jq 7. 3ft .00tlrlm 62ilb288 100 TAB EFFEXOR37.5MJ ~!lU ~.~ ~t6~ .001/11198 b~288 100 TAB EFFElOR 37.~ ~t.WErltt I~ • 8lS0 .00, ..111mB b2@b268 180 TAlI EFFEXOR37.!16 82103&118 Dr.KEE~ ,D .• 82.36 82.36 .00~/81m ~88 100 TAB EFFEXOR 37.5M6 021aM Dr.KEmI'I ,D •• SI.SI sr.s: .001/12/99 !.ca6288 1e0 TAB emxOR 37.5'Ui BCI93M8 I)r.~ ,D•. BI. 79 81.79 . PIe

i/tJm flC:1!6288 100 TAB EFFfXOR 37.310 02103b80 Dr.KEEIiIW ,D•. 61. 78 81.18 .~I/~m 6c]l514 68 TAB M1VO TRIPTYN ~ MJ7419 Dr.KEEIRI I D•• 3.52 3.52 .~

Rtal Cdn Superstore l~411 Confedel'ation Dr.Saskatoon SK S7L 5C3

~lllP 6REEM100D317 AVOn P IilRTHSIlSKAT~ Si( S7)l 2IC

Thisis a duplicate rpC1lrd

Page I" E D I CAL £ X P [ N S E S====--==:==~--===

. _..-: "..i~.: ....._ ..

TERHHP.L W 711!10428

Rx ~ 6238514 (:(~iFIRHti)S!)F'ERSTJ)P£~1·1H[-V

f 589.·

~l.)..

513.1O.~rent.~£dudible B-31anceH?Pro~~dPrescription C0StNew iJed!.lctible B3I.:3"nCe

NCrI.iO- TR IPTV~YOI.lr SeFl.Hlni'ml Deductible :.t

.GFIDllW PHILIP:517AlelJE P N~SHSKRTD(lN[lR.mQll! MUID UOVi)~iispellSin9 Date

Rx i 623851DE'

c:__--

Rx '6238514 C(JflFIRNEDSU'ERSTOOE PfmmTfRfiItA. IV 71168425

Current DedUctibleBalance 684.62RFPro<.'ed Pres~iption Cost 3.53Hew Decructible 8al~e t 681.69

881'84.·'99NN 800J7419

Rx # 6238514D?

SRSK. DROOPIm !fORiE

88IB4199 W 31: 546REENIiOOO PHIllP317 Ate« P H.SRSKJrrOONDR.KEEfiH. ool.l1l) LlOVDDispensirnJ DateQiV. 68tru1-TRIPTVNVOIr Sefti-Rrroal Pedllctjbl~ $ SS8.ea

.\

1: 60.47

Current £l2ductlbl€ B.31~e SB9.SlHPproved F'rescrjptjon Cost 56.94~ie"t~ductible Balance $ 452.57

\\M fim'owd Sh.... s§

18.-136/'9$1 11:44: 45GREE~J(tlPHILIP317 IR/ENiJE P N,SHSKf1TCl1NDR.K£EGRtI, ClHi.iW lLOY'Dl)iSFensin9 Date 18186/99Qi'r'. 68 DIN lf218..'600

Rx i 6243995r>P

r , I',

!l I,.-"

r- rr- :.r .

.:.~ " Co

- - f!:_"!.L;':....: ~.'"l~.,'. I.;~.,1:: 1

t c.,• ~i,.....r:. If ' .-,

.... ',. c'.... ..,.'... ", .,'

3:c- C. c-~ v- -r .!lJ :. lr, C' c" M"a-< rt> -«"'_a ::'! 1:1 e-»

() 't..1 r, 0 n C!n" (to £ll ('i o~ ~ -e~ ....::.:: c 10.( ...

lfl 0.- c-e S v: ("'+ C!(1) ("'I .......... I"D :: 1-'

.... C';... C'~:Ll,;:J ~ t:' -= rrl':'lC :0: ~ e+ r,-c; :-- ~- r:. 0::1

EJ ~: ~~ ~ ~: ~,~. ~~Q r'· .~

?x:&2~b2B& 26/03J~q CJO Total: 81.70Patient Pays: 81. 78

26/03/99 PATIENT PAYS: 81.78

100 EFFEXOR 37.5MGRefills: 1 DIN:021036B0** PATIENT COUNSELLING .*Take I'/i th food

Follow di~' C~'O~~O notst op vii tho It d ~p~.,'ovalMay cause Isiness.Do n(ct~·x "ith alcoholUse cal 'i n when dr i v inqor- oper a i Ig machinet'VMay cause dry mouth. .

Check wltn Dr. beforetaking any other medicinePromptly report unusualsy~ptoms/effects to Or

26/03/'-'9

24H,00.0

384-4700CJO

Superstore411 Confederation Dr.Saskatoon SK S~5C36206288 Dr.D.K EGGREENWOOD . LIP317 AVENUE P NORTH SASKATOONTake THREE tablet(s) asdirected

\f! -:: M r..-c ."',!'ll :r:SOX'l>"'0 :3 .......1;<"1-0 :;l xO<"l1.D3t- ~U"I'< f,L1 to-'

....v , :::::::! e- trt'"')'< ::t-·rr.-tiD 0 c','t. r.:. (-J ;.r: ~ :,.(""t '.: ft,ss- ....; t.:

,- r:'t""1, -~ ~~ _

(,!.:. '1' <_'~'.c: ......r.:.- ~:... ~. ;~.

'. 9,. r:.

;r:'.IS»c

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L'," ~"J.~.

~-';_"Q. -t<"' ,~ r•... -'....;.::- •.:' (=.

'"."" ".•0

t,., __,

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Superstore411 Confederation Dr.saskat~on . 384-4701662j~C Dr.D.KEEGAN VPUGR~E . .L~~317 AVlNUEP NORTH SASKATOON ~4~-o~~~Take ONE tablet(s) atbedtIme for 1 week, thenTWO tablets at be dt i ae if c ,._not effective. 10/0~/~~

&8 NOVO TRIPTYN 25MGRefills: 5 DIN:0003741~** PATIENT COUNSELLING **Follow directions.Do notstop without Dr.approv~lMay cause drowslness/d~:­ziness.Orlve Wlth cautIon1=1'10 id pro 1enged exposl.ll'€to sun. Use sunscreenIf dizziness occurs uponstanding, ari s e slowly.Use cautIon durIngeMerClse and hot weatherMay cause dry mouthand/or blurred VISIonCheck with Or. before .taking any .other medlc~neInform Dr'/Dent i st Pt'l~Ot o any typ~.~f _51~r~g.~.·r'Y. '. ",.

l1.:V05Fj':l I='Hl ll:.N! !-·HY.::>: ':' • .JC

R)(:b2.3851lt l~/05/~q vPU Total: :'.52PatlE'nt Pays: j.52

": " ~" -. "..:.~" ~.,.

.. - - -01"..]0'400<:>0 .....Of'JOClOOOOClO

CXICXIN --

VIW0-<:>o0-'40<W-

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Yours truly,

~fi\(lMjRenee BohmannLegal Assistant

Thank you.

Should you have any questions or concerns regarding the above mentioned, pleasecontact the writer.

Also, as stated in our letter of May 5, 1999 regarding payment of the $81.81, even thoughthe printout you have forwarded to us from the pharmacist does indicate the DIN # andthe name of the medication, we will require the "original" receipt of this medication priorto payment consideration.

As per your letter of June 18, 1999 and enclosures, please be advised SG1 requires the"original" receipts prior to consideration of payment.

RE: Philip GreenwoodYour File: 439572 TETOUfFile: S7178950 AUTOT and 00085455 THOMP

Dear Sir:

ATTENTION: Michael Mantyka

Merchant Law GroupSOl - 224 Fourth Avenue SouthSASKATOON, SaskatchewanS7K 5M5

Saskatoon Office: 683-4489Renee BohmannPhone: 683-4485

Reply Ie;June 25, 1999

Saskatoon Office623 . ;·n<! }\\'(lflll('N:;askaitJoli. :;K SiK 01i:lr~!1 (:IOil} GO) ,1oHmFi1X (30(i; :"·1·1?~,u

Regina South Office38?5 Pasqua Street. Uox 140Hequia. SK SliP 4,)1Tel POn) I i5 6306Fax (ClOG)504·0!)19

Her ~Hice;.>2t lit) AvenueH(fD,na. SK SliP OJ9Tel (3m)) i~ 1 1218Fax. (306) 35?·()!133

SCSIlegal Department

CAI.GARY. [,D."IONTO:-;. MOOSE JAW. RH,I" .... SAS"ATOON.WINNlrrC. Yo·uno"

enclosure

CATHERfNE DANILKEWICH. SecretaryPer:

MERCHANT LAW GROUP

Yours truly,

If you require anything further, please advise.

I. Outlook Ambulance Report;2. March 9, 2000 letter;3. SGI's Pre-Trial Brief along with copy of letter showing we received it February 2, 1998.

DEAN MAT nso-.TYLER! BO,,£)HOWARD L TE"NENHOl:~( •PAT1IJCK G. ALa~Rn<-T. STEVE); SUM!oAt;RS 0BRUCE G. NEILL IilI• R~.tld'nf!:InW"",,(,<X

Enclosed please find copies of documents and correspondence as follows:

OI.lRFlLE 439572 TET

BlU"'NJ.KoTEVATT F.A M~RCHA"lRONAW E. KAMPITSCH 181JANE ANN Sl}MMfRS 0DREW R. ru,YKoGAVlN G. BENTl..Ey·FISHER 0III JIc..,dmg InEdmonton

TI"OTKYE. TURPUMICHAELR M..."'T\1-;.,DAVIDA. HilA-VORSE",.CATliEfUNI' M. ZRYMlAA tICGEUUl B HEfNlUCHS(.CHI\RLENEC D£LuCA 0MATIA l. MATKOVIC0o H~.fld"'gIf! C"{gory

RE: Request of August 9, 2000

Dear Sir:

Mr. Philip Greenwood317 Avenue P NorthSaskatoon, SK S7L 2V7

TO BE PICKED UP

August 9, 2000

E.F A"THONY MF.RCHI\Io"T,Q C. cDwAY1'-'t:Z. BRAUNJ...,.L.ME~LEIIIRICWJU) S. YAHOLNTTSKY I!iEJI.'It!P.V. CHA.BI\NOL£ <>PE'rEAMANOUSOS 0GRAHAMK. NElUIZI R~sld",g i" Yorkto«

GORDO' J K. NEILL. Q.C (,RO~A~DJ.DuMOSCEAUXK£\'Th' D. HILLS. NOIL'lM' ROSENBAUM •MAAJA." E. BRYAI-IT0MlCHELI..t L.HAUG{,;TO:.4C. STEPPER 0C Re.<tdmg InR~glna

501 - 224 FOURTH AVENUESOUTH. SASKATOON. SASKATCHEWAN. S7K 5MS. FAX: (306) 975-1983. TF.:L: (306) 653-7777

MERCHANT LAW GROUP/,

Date Responded: [Zj':;h(D ',....Cl'. Nulll.b.,

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Ifyou wish a more detailed explanation, please do not hesitate to contact me at (306) 787-4851.& the person responsible for vehicle weight and dimension policy, I will be the best person torespond to your questions_

The key element ofuducing risk while transporting farm equipment is the restriction todayliaht hoUl'S_Since the exact times for sunrise and sunset vary through the year from oneplace to another in the province, we have tables based upon data available from EnvironmentCanada. I have attached a copy of the tables that apply for the area in question.

According to the Yshlcle Weightand Dimension Regulations, farm equipment that exceeds themaximum Iegal dimensions may be driven or towed without a permit on most bigh~ys in theprovince between sunrise and sunset without dimensional resaictions. However. we havedesignated SOtl1e bigb~ys as "higher risk" due to heaviertnffic volumes. On those highways,the equipment cannot extend into the adjacent traffic lane so as to impedeapproaching traffic(or passing traffic on a four lane hiahway). You mentioned that your concern is on HighwayNo. 45; Highway No. 45 i81tot a "designated lDghway", 50 there are no restrictions on towingor driving fann equipment except that the movement must ooour between sunrise and sunset.

First of all, the exemptions that apply to fann equipment have been in place for many years.The intent was not to infer that farm equipment is safer and should not have to comply with theregulations. The intent was to recognize that fanning is important to the economicdevelopment of this province and we cannot restrict fanners by requiring them 10obtainpermits every time they move farm equipment along a highway. The exemption allows for"driven or towed" equipment. This is because we want to accemmodate short moves. primarilybetween field and farm. We do not exempt farm equipment that is loaded on trailcrs- Loadedfarm equipment is considered a load that must obtain pemrits and comply with permitconditions. as would any load of similar dimensions,

M requested during our telephone COIlvers8.tiOllt I will attempt to summarize the regulationsand their intent as they relate to fann equipment

Dear Mr. Greenwood:

Mr_ Philip Greenwood317 Avenue PNorthSaskatoon, SaskatchewanS7L2V7

August 2. 2000

Saskateh.wanHighways andTransportation

Policy & Planning9th Fir .•London Life Place1g55Victorl~AwnueRegina. Sask. S4P 3VS

Phone: (306) 787~8S 1Fax: (306)781.396~

Saskatchewan_, ...

02/08/00httJ)llwww.highways gOY sk.ca/Transport Comrliancc/Permit. Condition Guidelines htrnl

Unless otherwise specified on the Permit:

TRAVEL RESTRICTIONS

Permits are issued for non-divisihle loads based uponbridge and highway capacities. Permits for overweightare issued at 10 kg per mm width of tire on thesteering axle and at 9 kg per mm on all other axles.Operators requiring permits for extremely heavy loadsshould apply for these permits well in advance toavoid delay. as time is required to reviewstructuralcapacities along the desired/requested routes.

The prime concern when issuing permits are thesafety, convenience of the public and, protection ofthe province's highways and structures. Specialprecautions are required when vehicles are allowed totravel while exceeding legal weights and dimensions.

This is a basic guide for permits that are required forthe movement of loads exceeding the legal limits. Theinformation provided is subject to .T/teHighways andTransportation Act_._1~~7and "The Vehicle Weight andDimension Regulation". Where conflicts may arise,this information will be superceded by the appropriatelegislation.

DIMENSIONAL PERMIT CONDITION FOR PROVINCIALHIGHWAYS

Dated: February 11, 1999

Carrier & Shipper Services

OtherLinks

ConstructionAtMsories

WeightRestrictions

RnadConditions

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Get to Know Us

Location: Hil!h\\'~~"<llhjl.rallSlh)rtalj.oll > Tn.lCks&Bu~es> J'rallsport COil)pli~n~t:.>PermitConditions Highways

H.ghways andTrans porta bon

Page I of6· .Perrnit Condition Guidelines for Provincial Highways

02/0g/00hu P ·//www.highways.gov.sk .calTransport _Compliance/Permit. Condition Guidelines html

Fax: (306)787-3963

Phone: (306)787-8540 or (306)787-2046

For more information pertaining to Weight andDimension Regulations and or Policies, callSaskatchewan Highways and Transportation,Transport Regulation and Dangerous Goods Section

(306)775-6969

Outside Saskatchewan (not toll free) call:

1-800-667-7575

For Permits in Saskatchewan call toll free:

Permits are issued by SGf Permit Office on a 24 hourbasis except on Christmas Day. Boxing Day and NewYear's Day.

PERMIT AVAlllBlllTV

2. Direct crossing of a Provincial Highway isallowed on Sundays and Public Holidays if aflagperson is in attendance during the crossing.

3. Travel for overdimension loads is subject tostructural clearance on provincial highways.

4. Overdimensionalloads restricted from travel onFridays at 3:00 p.m. may resume travel at 12:00midnight providing the load does not exceedthe maximum dimension for Night Travel, asidentified below.

a. After 3:00 p.m. until midnight on Fridays duringthe summer period commencing the Fridayprior to Canada Day and ending on Labour Day.on any day prior to a Public Holiday or anyFriday when the following Monday is a PublicHoliday or on Dec 23rd when Christmas falls ona Sunday subject to any of the followingrestrictions:

b. on Sundays or Public Holidays;c. on Dec. 23, 24,26,27.31 and January 2nd when

Christmas or New Year's Day falls on a Sunday.d. No travel when exceeding 3.05m (10') wide

when visibility is reduced to less than 1000m orwhen highways are slippery

l. No Travel permitted for loads or vehiclesexceeding 3.35 m (11 ft.) wide or 25.0 m (82 ft.)long:

Pave 2 of 6~· .Permit Condition Guidelines for Provincial Highways

02/08/00http/lwww.highways.gov.sk.calTransportCompliance/Permit_Condition ..Guidclines html

Exceeding • A least one • A minimum of3.3m amber flashing one amber(10'10") or rotating flashing or

beacon rotatinq beaconmounted on visible forthe truck; In 125m; Inaddition to the addition to theabove. above.

Width 2,60 • Escort vehicle • Trail vehicle ism (8'6") to required; if the required, if theS.Om load protrudes load protrudes(16'4") over into inside

centreline, driving lane; Inload may be addition to theoffset to avoid above,protrusionover centrelineproviding noaxle or grossweight isexceeded. Inaddition to theabove,

Width 4,3 m • Where any • All of the(14') to 5.0 axleor gross above.m (16'4") weight is

Exceeding • Red flags on • Red flags on2,60 m the extremities the extremities(8'6") of the load that of the load that

overhang the overhang theside or rear of sides or rear ofthe vehicle. the vehicle.

Exceeding • Signs required • Signs required3.05 m (10') front and rear; at the rear only,

In addition to In addition tothe above. the above,

OnMulti Lanet:tjqhways:

On Two Lan~Higl:l.'tiays:

ForWidtl1.

Standard Over-Dimension Pennit Requirements

Note: For travel on municipal grid roads, contact thelocal Municipality Office for further infonnation onload requirements.

Permits do not relieve the permittee fromresponsibility for damage to any pubic improvement.

Page 3 of6, "Permit Condition Guidelines for Provincial Highways

02/08/00http //www.highways.govsk.caJTransportCompliance/PermitConditionGuidelines.html

Width 3.7m (12') Length 25.0m (82') for semitrailer unit that has anoverhang to a maximum of 3.0m (9'10")

Height 4.9m (16'1") Length 29.0m (95') forspecialized hauling equipment

Reguirements_for Night Tr~.velMAXIMUMDIMENSIONS FOR NIGHT TRAVEL:

above.• All of the

greater.

Exceeding36 m (118')

A minimum of oneamber flashing orrotating beacon ,signsrequired rear only; trailvehicle.

Self propelled vehicles (scrapers, dozers, loaders) donot require signs unless the width is 3.5m (11'6") or

• N/A

• N/A

On Multi La~~H.iglJw~s:

• Trail vehiclerequired rearonly; signrequired rearonly

Page 4 of o

• A minimum ofone flashing Irotatingbeacon, signsrequired atfront and rear;trail vehicle isrequired

• A minimum ofone amberflashing orrotatingbeacon. ;signs requiredat rear only

Qn. Tv-'<>..-L~tWHighways:

• Signs requiredat rear

• Two escortvehiclesrequired; Inaddition to theabove.

exceeded, theload must becentered, anescort vehiclerequired infront; Inaddition to theabove.

Exceeding30 m (98')

Exceeding27.5 m (90')

Exceeding25 m (82')

For Length

Width 5.0 m(16'4") orgreater

. : Permit Condition Guidelines for Provincial Highways

02/0H/OOhttp Ilwww.highways.gov.sk.ca/Transp01i _Compliance/Permit_ Condition _Guidelincs.htrnl

• Overhang Red clearancelights Trailer Extendibleclearance lights

• All lights must be a

• Amber lights 100 mm (4")marking load extremities,Front Corner Amber Lights30 cm (12") aboveheadlights of power unit,Sides Amber lights spacednot more than 8.0 m(26'3") apart, Rear CornerRed lights visible from sideand rear

• No night travel

• Subject to clearance of allstructures

• Red lights 100 mm (4") indiameter marking top rearof load

• No night travel• No night travel

• No night travel

• A minimum of one amberflashing or rotatingbeacons visible for 125m;In addition to the above.

• Front requires reflectorized"0" or "WIDE LOAD" sign

• Rear requires lighted "0" or"WIDE LOAD" sign oramber flashing/rotatinglight if sign not lit.

• Marker lights onextremities of load thatoverhang the sides or rearof vehicle

Page 5 0{'6

Lighting requirementsfor Night Travel

Height exceeding 4.9m(16'1")

Height up to 4.9 m (16'1")

Exceeding 3.0 m(9'10") overhangF,qr_HeightLoaded heightexceeding 2.4 m (7'11")

For LengthExceeding 25.0 m (82)with overhang

Exceeding 3.7 m (12')

Exceeding 3.3 m(10"10')

Exceeding 3.05 m(10'0")

f9IWidthExceeding 2.60 m(8'6")

. .,Permit Condition Guidelines for Provincial Highways

021OHiOOiu tp liwwv,'_ highways gov sk .ca/Transport __Compliance/Permit Condition __Guidc!i ncs. ht 1111

Gel w Knell\-'; Us I Jravellcr':-; [ni'orm<:lJion I Trucks ~\;;13U$CSI RC'J)~)11~;i\IaJl~I;lj~Enl!:ine{'r~n0T(.~chnical I Tr<H_~Sp()nation Plai~I_I!!..!g

I g__oll_Q__C()ll~titi()n:, I Wei~h_t_ Restrictions I COll_sjruction A~jvi$nrit'~Other Links I _)ill' Matl

minimum of 10 em indiameter and of 32candle power

Page 6 of 6• \ Permit Condition Guidelines for Provincia! Highways

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F. loCI fpltOs ""e :uIi"P....) ~oJ~~·.() ~l:4u-i' ..( 7. (n ,I.. '= C; 51.,..,all ;.u(Aj ~ 10; fl""'I'~ ,)In.' UJPI·:

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Year·roundWeight Restricted Highways:~;1P..1~n " ;)'l'llH'~', t:a..c I'rHlItnur.-- g':'$~ \-,e ;:h1s 'Q:tit,d:e~ ~:tie" (Msl.calD".lh~~O"';::F. r.#)n~a.l·ilJtOn~~ '.flC 111"~oIyc3r.·o.,°e9'1~~j ~:"W'ja"l 't:;i.,.~6iS~ I.mcec:o 4· ~:~ 11:;1.

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Weight Limits

Weight and DimensionRegulations

SaskatchewanVehicle Weightsand Dimensions

uOU·..,od-stJliIJ.Lp.,. eA·MIII!IHut"'''PPlis''S

SUO!leln6aHuo!suawlOpue ILl6!aM

ueMaLl:»IBlises01 ep!"9 \f

oooz

.. A4 §«lUP ~..,,., ~ to axle gprea.o.See-Axle GIOIlPLoadlogs.lit a.des 8J8nof ~ as a ~urrying axle 11"1 a t"d9tl' grolop.

p :Primary~ w.;gtn S:Secoodaly"~.y wo;~...W :_~-I'M1I.'Ya$o_''''OJ'wOY1'nEI ~~ ~4 from~ 1 to1l'le:a.'\1 day Qt FebNElI)'in the following yElar.

Gross weight Chart~~:-~"<"" .#~ _~ "'':~''''~~'t<~''1 • :":.·,:.:I·:'~'J·,,,~·(.',,.r:'''''''''''V!'.>t .....~ .. · ,....:.': _,,~,:'~"'''- ___ Y''':''PO~'

SuiJiet:1to~ JJrre ~ adequate axle spacing snd prooe: tire SiTS.

TNak Type QVW

iP~ StraIght 1ruck2 axlesp 7250

9 "'" '0350S S500 3?OO '3700w.s S500 .0000 IS 500W.p 7250 10000 17250

JC:J Sttio1Qhltt'l)Cil .3axles:p 1250 11000 24250S 5 SIlO lHOG 20 OOQW-S 5 SIlO '8000 23 SOO¥f.p 1250 18000 2S2SC

~ St1ai!;lt'l( tIUC* wIt" taocl9lP1steeriogp IS11O!> 17_ 30600s 11C1OO ,4 SOl) 25500W.S 11000 18000 2i 000W.p ,,- 18000 31600

~r=:J Tf\,Iek& taodem ponyp ?:!SO 11000 .1000 41250S $500 IHOO "$00 :l4S00W.S S500 '.000 .8000 " 500W.$> 72S0 '.000 18000 63250

~ Tf\lCk&1tiOoMpotryP r250 11COO 2.000 45250S S500 14500 20000 40000w.s 0500 '8000 " 000

... 500W.p 7250 '8000 21000 46250

.c. Wi,., :oJTt'\JC1(&'~ trailer S edes

P '250 '7000 91DO 9100 42450S 5500 ,. 500 8~ 8200 36400w-s 5500 18 000 ""1OO 10000 '3500w.r> 1250 '8000 10000 10000 45250

.,.--::~Truclt &. flJll trait, 6 Ul ••

P 1250 17 ()()I) • '00 l70Dtt .so ~SOS 5 i500 '0600 HOO ,. SOl) '2100W-S 5500 18 001> 10000 18000 5' saoWOP '250 '8000 10000 18000 53250

~ T,-ac1Ot& 5smi·tr-ailar4 &.d9&P 5SOO 9100 17000 31600S 5500 8200

14_28200

w • SIlO 10000 .8 OlD :l3 >00

Tram! &&elTli·trailerS axle:6p o SO» 11000 " 000 39 SOOS 5500 14_ I. 500 34500W 0_ laooo '8000 41500

.#i~11N, AJTraclOr & semi-trailer 6 axle-!

p 5!5QO 17000 24000'· '6500S 0_ "SOI) 20000 '.000w 0!500 '8000 24 000'- '.500

~ i@ J;==;JA-C1ral('o6 a!Cla.

p 0_ 9100 17000 9100 9100 49&00S 0_ 8200 14 sao 8200 8200 •• roow 0500 .0000 laooo 10000 '0000 53500

rP' S c;A~-~~·C Train 7 a,,;les

p • SUO 11 000 1,= 9100 .,DO &l saoS .500 1<S(J() t. 500 8200 8200 49000W 5500 .8000 18000 10000 10000 53 SOO

~- .J:-:=:Jw A,·C Trair'>8a:ds&p ~500 .7 (100 17000 9100 17000 53500S 5500 14500 14500 8200 ,. 500 '9000W ! 500 18000 18000 10000 18000 53500

fifi,~ .II Jw • r C Train B axles with epprovN' doll\'p 5500 .7000 .7 OlD "00 "000 &0500S 5500 '4500 145110 8200 ,. 600 ~SOOW 5500 .6000 18000 10000 '8000 60500(P) 54!OO(S)

~bui ~ J• e.Tr9:i('o7.)J(le$p !500 17000 17000 17000 56500S !500 .4SOO " 5011

,. SOO '9000W ! 500 '8000 18000 '8000 59 SOO(P) S4!ooo ';SI

.p'Ocwu, '.ll.t .- Et T·ai!'l e ,a,:1~s:• SIlO 17000 23000'· 111)00 62500• SUO ,. 500 >1)000 14 SOC $4 SOO

w 5500 18000 23 000" 18000 6Z~I)~P: 5. 500~SJ

M",nicipal Weight Limits':ojl::!~.;I'Ib'n ls on 'nu(llclpal "I ~nw.a)s ¥Q rr·e s.amc.as. d"'lOScf.crs('col(laal"!r I'iqn'h·a~,.s. rel.Jdll'19 tnt: .....'1'[('( ~cason. '.Ir)i(!SSr~s~'i":le\l ~y the- I\)('a' nllr.ie:palilY

L(·~"I~?IJ.""Sf':'I;J.), ~\)\lcrn ,,~, Cl.e""~:;l'Il~,)nd ojimeflSions inCr:'1an "luniclpOlln E!Swi:h a ::oc'Jli::Ihor' o,Jt t'l()tl::!thw 1.000

r.:::rr~n:-i(ln'e~,1 altors aD"ly only or pr::::·,;inr,:.~1'ghw.a% JJn(IPU\·..r·~:lamads.

F;.1r'TlequlJ'T1ent being lIseo for a Pl:rpO:seJirect"l reiale-o:() la·wln~?

A. O)ublC tll<gl"lway.ot"-cr ~ha("la pJooJi"lcialhighYi.aywiUlif'. anU'ta1M:JI"lIeipahty. IMIMS a poplll.a:loCn ::>f 1000 or more

Exemptions'y",'el~nl~ 'e;jul ....hons ~j(J1101i1;';:J'." Iu.

Win1er Welgh1 Season E.eep11<>n$'{Iilmer ",el~'ll.s IJ::::- nOl Cipply 0(1 prOV'I'''::I,/:)1hlgfl .....a."s aM (oad$.

bi.I~1u'lde: ··.,'/ull!?r We'{InlS N!)r A:lowe(]" on m(l ma~ legend.

40 (l00 ~S35OOO,~;:QOOO it~?8 000'9

·tlder:' & rq-.Jew < 6 ,1) .5 '1)

.;5 'Yl • .4 'Tl0: <1 'T1.J "T1

...3m

35000~30000 -.g<4000 <g

';J'I,jen d ('Idea', <: 5.5 111• 4.S '11< 4..5 'll' 3 'Tl

0: 3 m

· (','tr ~!:~r O!'!c 68 ,'. ~ ." . 4.5 "T1

< 4 5 (l)':3 "I)

32000,"30000'"

32ooo"~30000<;,

-(1'1\1E'n & ....a'1der-. Fnd Oump Tra·lers·· jlllr !.;(:,'O'I:! JOlt' 89 <: .5 :1) • JA '11

.;34M·3m

.:J rn· 2 01.:2 m

J~':~ k~24000 kg23000 ~g

23500 "II26 000 kg~. 000 kg

Sjtl.~IC& Tr~cm .; Sm· 4 n-<.:1m·3rr,

.; 3r.-,

24 SOOkg2J DOC'kg2, DO~ kg

Combined Weight18 20C kg,< 500"11

Ade Group Interule Sp.lcin-gT.....c SinglE!S :0 3 7 t'"'l

<37r1'1·34n

'I.'''<!'''I l'l~ :Mp.r.;X!p:'IpAc.r.:::i!'t le:9sth;:ll' ~I(llfll-,.lm, ('Om!)irv.-diJ:d" q-oue \Ve·~lll~ ~pPly:

~nter8xle SpacingjI/;JXI"lIlWlallO\',lable.....e Shl br a:xlegmu::s mC\yd~enQ on ihP.fC'IIC·,,,i19'll,(ll(r'oumClstanCEIrequI/&m-e1l1S ':lnr&ra.ll1El spaetngJ:

::.4 rr- \ IO'II'~ ~el een I:WO ades:3:: rr- (9 IC'''l :)e~ een a tancerna:c:le~rOl;p and a single axle:f::: rr- ':16""1 bet een two fatlojen a;.:le groucs:r: !i sr (1frn het !;~n a h"I'\~-f!milrle and a rrid-emaxlegroup:f:.:': rn (~9'~n hec p.p.n two Iriden i-'l):;egrouPS.

n-e 1\).:'10,"19,~ 10 'l.S ~CI mrn (56010 cc- ,n~I~' ....-ern 0' ~,(I as!'>:':.npp.{Iby :he manufac~urer. rc a m.aximul""lo~ 3 000 kg is.BOOIb!. T'I's;s s:Jb:Q\;l to any lOWEror I"iogheraxle "'EIght in therf!\J.II(ll.;,tlS.SJChas :he 3rS(lring ax.s.Tridem Axl. Group WfllghlUl(")

Weight fnteraxle Spacing~..,00:: kg 36 m . 3.7 r-r ~11·a"· 1?'11~:~('0:::k9 3.0 tn . 3.6 r-t .;9'8"· 11'81:.:1(.::;.:;k~ 2.4 ("l • 3.('n.;Ta" . 9'S1

Axle Group Loadings

\""~lg"'ISalllwted C1 pu-b~ichighwflYSare separate from.(he((!g'$t~l~dt)(~~Swe'g(': ·:;1C:I vetucie

Veh..cle reg:s~raflor (elates sDed~'-=ally 10T" .. Highway Traffic:Act. A :lea ...y vencie .e -.J$u.allyre9,~r&rEldto a speci1i..:weightj~;E!:mlne::Jby rs blJsu'~ess and tl'::emaximum we:;gtl:t 11¥I,Dg¢rl('r~:I'~~Cl.rf)..A reg srrancn tee IS collected to reflec1the'clJ,tivc camaqc 1¢ the I'lighwa~' sys~em 10'"operahog a: It).al'(!~iS~c(cd \'I~';h1. C':SpilEi gross Yoil'9l"ts a:h.)we-o00 a 91vQr'I~'91·,,·ai'.;)"1 cccrator canl):)t ~xce-edInil rQ9lSf"red w.e.gN:'Nt-le1~11".)·'hISell.ay result I'l ~ fin"" ',Jnd""rThe Hignw.ayrtaHic Act.':i1crcn~ CI3.$S~Sof hi.gnways ra·ve dlflEl"(!I~1QfCSSWEllflhllll'nltS~(I -enec: Ineir dE!S:Gnar."l trc arrcunr of pa'J~rTl.eot d~.e'iofation....,tole.-'ca" be accep~ecl ~t'ere~ore, no vehi-cle may exceedthe weight' "pef;ified for specifi-c hiQhways regardless oftile re9istered werghl of the venicle, E;(c~(ldlo.g arv(" ,1)'i'Tl,I:"'l')lIo"",,.aolc v-c ~hl ':0' dkTlcos.C'r:.'lUI) rcst-I:. ~'a firevr cer Tl1e t-ligllways and Trans~1)rtation Act cr "~91JIcl~fJS.

Heglslerea ljross venrcre welgnts

Tpbrupru'billinton'farm equipment in 1992

cc: Reg Common

bb/crnp

Sincerely,

;{/~~Bob BillingtonPolicy Advisor

I hope this information is of assistance.

For further information on Vehicle Equipment Regulations 1987 requirements as theypertain to lights, you may wish 10 contact Reg Common at Vehicle Standards Branchat 775-6109.

Under section 62(1) of the Highway Traffic Act in force on July 1,1986 it states that"No person shall drive a vehicle during the period from one-half hour after sunset toone-half hour before sunrise or at any other time when conditions of poor visibilityexist, unless lights as prescribed in the regulations are in operation".

Section 5(1) of these regulations provided a list of the designated highways. HighwayNo. 45 is not identified as a designated highway on this list. Therefore, farmequipment could be operated or towed between sunrise and sunset without a permit onhighway No. 45.

In 1992 the regulations in effect were The Vehicle Weight & Dimension Regulations1988. Section 5(2) of these regulations allowed farm equipment exceeding 2.6m(8'6") wide to be driven or towed on a provincial highway other than a designatedhighway without a permit between sunrise and sunset.

Ihave been requested by Greg Gilks to respond to your request for informationregarding Vehicle Weight & Dimension Regulations which were in effect in 1992 asthey pertained to farm equipment being operated or towed on provincial highways.

Dear Sir:

Mr. Philip Greenwood317 Avenue P NorthSASKATOON, SK S7L 2V7

August 17,2000

9th Floor1855Victoria AvenueRegina, SaskatchewanS4P 3V5

(306) 787-4801 Phone(306) 787-3963 Fax

OUf File: FJ LENO

Policy and PlanningHighways andTfa nsportation•

Saskatchewan

O!-l!()S Oi IIlllp/!WWW hia.nrc.ca/main/hia html

'" :",i8 ".' "The Origins of Structure in theUniverse: Report of the NRC-NSERCLong Range Planning Panel" .

': ".lB'

The National Research Council ofCanada invites applications for anNSERC Visiting Fellowship at theHerzberg Institute of Astrophysics inVictoria, BC. Click . to viewdetails of this new position.

•

The Herzberg Institute ofAstrophysics requires a MillimeterReceiver Engineer: .. ;. .. . to viewdetails of this new position.

'.'.. :, ,18 .

. :

"The HerzbergInstituteofAstrophysics requires an Astronomer .

.', to view details of this newposition.f¥tJ:.~:;. <•• ;;::; QJtq;tt{i;~:tv:~<q1llg!,!: ~<$Ji.(q54!tj~(?Jft~

21 ~t~~~i.~r~J~~~$,;:,

The Herzberg Institute of Astrophysics is the scientific institute within the National Research Councilof Canada which has the mandate from Parliament to "operate and administer any astronomicalobservatories established or maintained by the Government of Canada" (NRC Act, R S, c. \i-I 5, s.S I(rn), 1989).

.....::. .:.L~_at Victoria or Penticton, BC, Canada

::.:".: ..... ;. ',;';" ": ....

Page I of2Herzberg Institute for Astrophysics - Homepage

.,' , i . ........'.. '. !11 I 111 \ ., I : 11~l; t I I d d I1I1 t d

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II~I zberg Institute for Astrophysics - l lornepage

OH/O~. (J()ht IP /!www hia. nrc.ca/scrvices/sunrnoon/explanatioll/cxplanat ion.html

Notc that for extreme northern (or southern) latitudes, on the summer solstice the sun will not setabove latitude 65.7 degrees. and civil and nautical twilights will not end above latitudes 60.6 degreesand 54.6 degrees respectively. At the winter solstice, sunrise will not occur above latitude 67.4degrees. In such seasons and circumstances, times arc not given in the table.

TWILIGHT START and TWILIGHT END times are tabulated for both Civil Twilight (when thecentre of the sun's disk is (1 degrees below the horizon) and Nautical Twilight, (sun 12 degrees below(he horizon)

Sl;N RISE and SUN SET are the true rising and setting times.

I ,OCAL NOON occurs when the sun is due south, and highest in altitude above the horizon for thatday. Local noon will general differ from 12:00 because of I) a longitude correction from the standardmeridian of your time zone, and 2) the correction to sundial, due to the sun's non-uniform eastwardmotion along the ecliptic throughout the year (which in turn arises from the earth's orbit about the sunbeing slightly eccentric, and inclined to the earth's equator).

The SUNRiSE-SUNSET table gives the following times for each day of the year:

For mountain-top observatories, a correction is made to the sunrise/set and moonrise/set times for thedip of the horizon, which depends on the altitude of the site above the surroundings.

The rising and setting times given in these tables refer to the appearance and disappearance(respectively) of the upper limb of the sun (or moon) as observed at sea level on a refracted (apparent)sea horizon. Because of irregularities of terrain, these theoretical times will only approximate the risingand setting times observed on land, but they are important nonetheless in relation to safe drivingpractices (eg., headlights on after dark), aviation practices, hunting regulations, etc. Even on a perfect(sea) horizon, variations in the atmospheric temperature profile can cause the amount of atmosphericrefraction oflight to vary, such that observed rise and set times may deviate from the computed valuesby one or two minutes. Hence the rise and set times are only calculated to the nearest minute, basedon average atmospheric refraction.

Sunrise/Sunset & Moonrise/Moonset Tables

-----.- .

Explanation

: ..: -, ,: ....::. . :.:,::,:'~.: ...L=.:..:,>.,:,'.:'

Page I of2NRC ('NRC - Explanation ofSunrise/Moonrise Tables

08!OS!()()ht t p' //wv ..rv«.hia.nrc.ca/services/sunmoon/ex planation/explanation. htrnl

These tables provide information on the direction and length of the shadow cast by the sun at giventimes of the day, for the 21st day of each month. (It is near that day in June and December that the sunreaches its most extreme positions.) Data are listed for the standard time in the given time zone, andfor standard time plus 1 hour (daylight savings time). The shadow direction, in the second to the lastcolumn, is measured from the North through East. The length of a shadow cast by any object is equalto the height of the object multiplied by the shadow length factor, tabulated in the last column. Theangles are accurate to about 0.5 degrees, except when the sun is at the horizon where the accuracydecreases slightly due to atmospheric refraction, which is not taken into account in these calculations.

Sun Directions Tables

_______ .~»u..~ ·.····· ···••····••~~»»'m.'"· ····'w~ w.·········································

The MOONRISE-MOONSET table, on the other hand, wil! be completely different from year to year.The phases are as seen from the earth's centre, and thus occur at the same instant (but different clocktimes) over the whole earth. The rise and set times depend on the observer's latitude and longitude. Onthe average, the moon rises (or sets) every 24 hours 49 minutes, so a rise or set does not always occurin a 24-hour day: a blank in the table indicates no rise or set on that calendar day. The tables also give(in parentheses) the azimuthal position on the horizon of the moon's rising and setting.

For intermediate latitudes, the times in the sunrise-sunset table for a given location repeat from year toyear to within about 2 minutes. Hence, a sunrise-sunset table may be used for any year, within thisaccuracy.

LST or Local Sidereal Time, is the right ascension on the meridian, i.e., the angle from the meridian,measured westward along the celestial equator, to the vernal equinox (the sun's position at the start ofnorthern hemisphere spring). It is given for 00:00 standard time each day, and increases by 24 hours03 minutes and 56 seconds for each 24 hours of solar (standard) time. Local Sidereal Time is used byobservers of the night sky, as it measures the rotation of the earth relative to the fixed stars.

HOURS OF lLLUMINA nON gives for each day the duration of daylight hours from sunrise tosunset, and the duration of civil twilight (summed for morning and evening), when sky illirnination ispresent, and their total. Totals for the year are given at the end of the table.

All the above values are tabulated in Standard Time; when Daylight Saving Time is in effect one hourmils! he added to all the above times ill the sunrise-sunset table. Since 1987, Daylight Saving Time isobserved from thefirsl Sunday in April to the last Sunday in October.

For observatories, Astronomical Twilight (sun 18 degrees below the horizon) as well as NauticalTwilight are tabulated.

Page 201'2:"JRC CNRC - Explanation ofSunrisefMoonrise Tables

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7

.,,.

7

6666

r,6

66

.56

55

r;,.'

O{) :\ '.i!1~r,

Hours ctIlluminat.ionDay sky Total

7.82 1.36 9.?7.841.35 9.27.86 1.31) 9.7.7.891.35 9.27.91 1.35 9.37.94 1.34 9.37.97 1.34 9.38.00 1.34 9.38.03 1.33 9.48.06 1.33 9.48.10 1.32 9.1B.131.32 9.:)8.17 1.32 9.58./,1 1.31 9.~)8.25 1.31 9.68.29 1.30 9.68.33 1.30 9.68.37 ].29 9.78.42 1.29 9.78.47 1.28 9.78.51 1.28 9.68.56 1.27 9.88.61 1.27 9.98.66 1.26 9.'.18.71 1.26 10.08.76 1.25 10.08.87. 1.25 10.18.87 1.25 10.J8.92 1.24 10.28.98 1.24 10.29.04 J.7.3 1U.39.09 1.23 i o .:~9.1:'>1.2? 10.49.21 1.22 10.49.27 1.21 H).~:9.33 1.21 10.S9.39 1.20 10.69.4~J I./'O 10.(9.51 1.20 io .'.9.57 1.19 ID.~.~9.631.19 r o .>9. 6(.. J. 18 I o . '.,') .: / S 1. 1eli). ,',9 . 6 :~ I. I ~ !~.:.:9.881.17 JI.I9.91, 1.1111.1

Nautical18:2918:3018:3118:3218:3318:3418:3518:3618:3818:3918:4018:4118:4318:4418:4518:4718:4818:4918:5118:5218:5418:5518:5718:5819:0019:0119:0319:0419:0619:0819:0~19: 1119: l?) 9: 1419:16]9:1719:1919:/'I19:2219:7.419: 2(:,

l'):?!19:2"19:3119:3219:34

(";i vi 117:4517:4617:471-' : 4917:5017:5117:5217:5317:5417:5617:5717:5818:0018:0118:0318:0418:0618:0718:0918: 10]8:1218:1318: 1~18:1718: 1818:2018:2118:2318:2~18:2718:2818:.3018:3218: 3:)18:3.')18:3'/].8:3918:4018:4218:4118: I) (:,

18: ·1718: 4:.118::>118 : .s 318:SIJ

TWI LIGHT F.NDSUNSET

17:0517:0617:0717:0817: 0917:111"7: 1217:1317:15J7: 1617: 1717: 1917:2017:2217:2317:2517:2717:2817:3017:3217:3317:3517:3717:3917: 1017:4?17:4117:4617:4817:4C)17: 5117:53]I: 5517:5717:59]8:0118:0218:0418:0618:G818:10)8 : !~~113 : _;_.;18: 1E-18: .I 818:1<:'

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LOCALNOON13: 1013: 1013:1113:]113:1213: 1213:13l3: 1313:1413:1413:1413:1513: 1513:1513:1613:1613: 17l3: 1713:1713:1713:181'3:1813: 1813:1913:1913:1913:19J3:1913: 2013: /.013: 2013: 2013:2013:2013:2013:2113:2)13:2113: ;: I13:2113:? :13: 2113:7.113:2113: 2 II :l: /. 1

SUNRISE9:] 59:159:159:159;159: 149:149:139:139:129:129:119:109:099:099:089:079:069:059:049:039:0]9:008:!'i98:588:568:558:548:528:518:498:488: 4 (>

8:448: 438:418:398:388:3(8: .148:32B : .~o8:298:?78:2S8:7.3

Civil8:358:358:358:.348:348:348:348:338:338:328:328:318:318:308:298:298:288:278: 268:258:248:238:228:218:208:198: 188:168: 1~8:148:128: 118:098:088:068:058:038:028:807:587 : ~>!7:Sr.)7:537:517:507:18

Uayff Date Nautical1 We Jan 1 1:512 Th Jan 2 7:513 Fr Jan 3 7:514 Sa Jan 4 7:51~ SU Jan 5 7:516 Mo Jan 6 7:51

Tu Jan 7 7:508 We Jan 8 7:509 Th Jan 9 7:50

10 fr Jan 10 7:4911 Sa Jan 11 7:4912 Su Jan 12 7:4913 Me Jan 13 7:4811 Tu Jan 14 7:48IS We Jan 15 1:4716 Th Jan 16 7:4617 fr Jan 17 7:4618 Sa Jan 13 7:4519 Su Jan 19 7:4420 Mo Jan 20 7:4321 Tu Jan 21 7:4222 We Jan 22 7:417.3 Th Jan 23 7:4124 Fr Jan 24 7:40?~ Sa Jan 25 7:3826 Su Jan 26 7:3727 Mo Jan 27 7:3628 Tu Jan 28 7:1529 We Jan 29 7:3130 Th Jan 30 7:31.~I r'C Jan 31 ":3132 Sa feb 1 7:3033 SU Feb 2 1:2934 Mo Feh 3 7:2735 ;'11 Feb 1 7 :7.(j3c We Feb ~ 7:2137 Th Feb 6 7:23~~; F r f,= I:.; ,. 7 : ? I3Y S~ Feh B 7:20!, I; S'.J I"el,) 9 7 : 184l Mo Feh 18 7:17tJ~ ;'11 r'~l> 11 7: i ~41 We Feb 12 1:1314 Th feb 13 7:124~ Fe Feb 14 7:104L Sa Feb J~ 7;88

TWILIGHT STAR'!'

..~..Add one hour to all r.abuLa t ed ti.mes when ****** Daylight Saving Time is in effect. ..**********.************************ ...************

Easi. Longitud~- -106.630 Degrees, Latit.ude= 52.120 DegreesTinte zone is CST which is Grecnwjch Time minus 6.0 hours.Cc~rection from standard meridian: 66.52 minutes .

STANDARD TIMES OF SUNRIS~;, LOCAL NOON, SUNSET, & TWILIGHT FOR 1992SASKATOON S1<

Page 1 of7Sunrise Tables

(JS!())-)!{)O

:I~1i IilJ 1111111J .I1111I!1 L1 !1 .i.I?1··'I?I·:'

S99<399\l99SI

101010101010101010101010HJL·:1

LST.~jG :

dR8

------------ IlluminationCivil Nautical Day Sky Totnl19:17 19:57 10.79 1.13 11.919:19 19:58 10.86 1.J3 12.019:21 20:00 10.93 1.13 12.119:23 20:02 11.00 1.13 12.119:25 20:04 11.06 1.13 1/,.219:26 20:06 11.13 1.13 12.319:28 20;07 11.20 1.13 12.319:30 20:09 11.26 1.12 12.419:32 20:11 11.33 1.12 12.519:33 20:13 11.40 1.12 12.~19:35 20:14 11.47 1.12 12.619:37 20:16 11.53 1.12 12.719:39 20:18 11.60 1.]2 12.719:40 20:20 11.67 1.12 12.819:42 20:22 11.74 1.12 12.919:44 20:24 11.81 1.12 12.919:46 20:25 11.87 1.12 13.019:47 20:27 11.94 1.12 13.119:49 20:29 12.01 1.12 13.119:51 20:31 12.08 1.12 13.219:53 20:33 12.14 1.12 13.319:55 20:35 12.21 1.13 13.319:56 20:36 12.28 1.13 13.419:58 20:38 12.35 1.13 13.S20:00 20:40 12.41 1.13 13.520:02 20:42 12.48 1.13 13.r.20:03 20:44 12.55 1.13 13.720:05 20:46 12.62 1.13 13.B20:07 20:'18 12.69 1.14 13.6?0:09 20:50 12.75 ].14 13.::'20:11 20:52 12.82 1.11 11.820:12 20:54 12.89 1.14 14.J20:14 20:5(; 12.9~) J.I~ 14.120:16 20:58 13.02 :.15 11.220:18 21:00 13.09 1.1~ 14.720:?0 21:02 13.16 1.15 14.320:21 21:04 13.22 1.16 14.420:/.3 21:06 13.29 1.16 14.520:25 21:08 13.36 1.16 14.~·:?O:?·i 21:10 13.42 1.i"} L4.u20:29 21:12 13.49 !.~7 J4.i?0:31 21:14 13.')6 1.18 L4.720:32 21:1G 13.62 1.1814.820:34 21:18 13.69 1.18 liJ.9

Hours ofTWILIGHT ENDSUNSET

18:4318:4518:4718:4918:5118:5218:5418:5618:5819:0019:0119:0319:0519:0719:0819:1019:1219:1419:1519:1719:1919:2119:2219:2419:2 619:2819:2919:3119:3319:3519:3619:3819:4019:4119:4319:iJ'J19:4119:4819:~019:')219:5319: 5:-))9:5719: :-)9

.5:27 6:08~):24 6:06S:2? 6:03':l:I~ 6:01~):l() S:~9:;:1<1 5:'.)65:11 ~:c;45:09 5:51:):06 5:495:03 5:47:;:01 5:444:58 5:42

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13:0913:0913:0913:1]913: 0813:U813:0813:G7

LOCALNOON13:1913:1913:1913:1913:1813:1813:1813: 1813: 1713: 1713: 1713:1713:1613:1613:1613:1613:1513:1513:1513:1413:1413: 1413:1413:1313:1313:1313: 1213: 1 ?13: 1213:1113:1113:11U: 11:13:1013:iCJ]3: 1 (j

6:426:406:386:366: 336::L6:296:?E6:246: /./.6:206: 1·'

Civil RISE7:22 7:567:20 7:547:17 7:517:15 7:497:13 7:477:11 7:457:09 7:427:0·' ·':407:04 7:387:02 7:367:00 7:336:57 7:316:55 7:296:53 7:276:51 7:246:48 7:226:46 7:206:44 7:176:41 7:156:39 7:136:37 7:106:34 7:086:32 7:066:30 7:036:27 7:016:2~, 6:596:22 6:566:20 6:546:18 6:.526:15 6:496:13 6:476:11 6:45

~O~J Th Ap r g~ ::J I V r Ap r 1C;')2 Sa Ap~ 11

8

~)

6-rI

<1~:4 Fr Ap r\:~: Sa Ap.r<;,6Su Apr9"1 Mo Apr':.1!.~ Tu Apr99 II/eApr

9: Tu Mar 31(;? We Apr 1'13 ':'11 Ap r /

Jay# Date Nautical~9 Fr Feb 28 6:4360 Sa feb 29 6:4161 Su Ma~ 1 6:3862 Mo Mar 2 6:3663 Tu Mar .3 6:3464 We Mar 4 6:3265 Th Mar 5 6:3066 Fr Mar 6 6:2767 Sa Ma~ 7 6:2568 Su Ma~ 8 6:2369 Mo Mar 9 6:2170 Tu Ma~ 10 6:1871 We Mar 11 6:167~ Th Mar 12 6:1473 Fr Ma~ 13 6:1174 Sa Mar 14 6:0975 Su Ma~ 15 6:0776 Mo Mar 16 6:0477 Tu Mar 17 6:0278 We Ma~ 18 5:5979 Th Mar 19 5:5780 F~ Mar 20 5:5481 Sa Mar 21 5:5282 Su Mar 22 5:4983 Mo Mar 23 5:4784 Tu Mar 24 5:44e~ We Mar 25 5:4286 T~ Mar 26 5:3987 VI Ma~ 27 5:3788 Sa Ma~ 28 5:3489 su Mar 29 5:3290 Me Mar 30 5:29

TWILIGHT START_...----------- SUN

STANDARD ':'IMES OF SUNRISE, LOCAL NOON, SUNSET, & TWILIGHT FOR 1992SASKATOON SK

10.011.17 II.?.l0.07 1.16 11.210.14 J. 16 1!.310.20 1.16 11.410.2"1 1.15 11.410.33 1.h II.~10.40 1.15 11.0.110.46 1.1~ 11.610.531.141J."110.60 l.H 11.710.66 1.14 11.810."13 1.14 11.')

1'l:3619:3819:3919:4119:4.319:4419:4619: 4 B19:5019:5119:5319:55

18:5618:5819:0019:0219:0319:0519:0719:0919:1019:1219:1419:16

Page 2 of7

18:2118:2318:2518:2718:2918:3118:3218:34)8:3618:3818:4018:42

13:2113:2113:/.013: 2013:2013: 2013: 2013:2013:2013:2013: )913: 19

8:218:198:178:158: 138:118:098:068:048:028:007:58

7:467:447:427:407:387:367:347:327:307:287:267:24

7:067:047:037:016:596:576:556:536:516: 496:476:4~

'17Su Feb 1648 Mo Feb 17~S Tu Feb 18~)(; vie Feb 1951 Th Feb 20':i? fr Feb 21~)3 Sa Feb 2254 Su Feb 23~S Mo Feb 24~,6r» Feb 2557 We Feb 26~B Th Feb 27

Sunrise Tables

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1414141414Ii.(l'1:4

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16,341.'::4I 6. 3 15 1.:) ~)16,411.e;'iJ6.4~ 1.':)('.I (; . <17 1. ~';16.~)()1.5716.53 1.~)8H-:.o)(', 1.5'.~16.S':1 1.~9

Date NauticalApr 26 4:19Apr: 27 4:16

Tu Apr 28 4:13We Apr 29 4:11Th Apr 30 4:08Fr May 1 4:06

123 Sa May 2 4:03124 Su May 3 4:01

May 4 3:58Hay 5 3:55May 6 3:53l'1ay 7 3: 50May 8 3: 48May 9 3: 45May 10 3: 43May 11 3: 40May 12 3:38May 13 3:35May 14 3: 33May 15 3:30May 16 3:28May 17 3:26May 18 3:23May 19 3:21May 20 3:19May 21 3: 16Mny 22 3:14May 23 3:12

$u May 24 3:10l4~ Mo May 25 3:08L47 Tu M~y ~6 3:06

1 ·, CoI • L'

17, (.I" r

I 6 . 31 1. ~>:->23:087.3: 1023:12~):s: '1 4:2 3: 1(2~i: I::,23: 2823: 2?/'3:24

L2:1122: j (;

n:0822:09

22 : (;~

/.1:5922:017.2:(j~22:84??: f;i

21:52 22:~7 16.11 l.Fl ,'1.(:;21:~3 22:59 16.1~ I.Se 17,[21:55 23:01 16 ..191.5(; 17.·}21::>0 23:03 16,23 1.~1 n.!?1:5B 23:06 16.2'1},52 17.~

14.89 1.30 16,214.951.30 16.3lS.G1 1.31 :;'6,315.071.32 16.415.13 1.33 16,:)15,19 1.33 16.515.25 1.3416.6)5.30 1.35 )6.715.36 1.36 16.715,41 1.37 16.815.n 1.38 1is. 815.52 1.38 ~6.915.581.39 :i7.015.63 1.4C n..J15.68 1.4117,1] 5 . 73 1.42 I '1 . ~~15,781.43 17,2)5.83 1.44 n.315.881.4417,)15.931,4') 11.415,97 1.46 17,1}j 6.02 1.47 1',1.:;16,06 j.4S :"7,5

22:0122:0322: 0622:0822:1022: 1322:1522:1822:2022:2322:2522:2822:3C22:3222:3522:3722:4022:4222:4522:4722: 4922:52?2 : 54

21:1021:1221: 1421:162 J : 1821:2021:2121:2321:2521:2721:2921: :3121:3321:3421:3621: 3821: 4 Q21: 4221:4321: 4521:4721:4821: 50

TWILIGHT END Hours 8f------------ IlluminationCivil Nautical Day Sky Tot.a 121:02 21:52 14,65 1.27 15.g21:04 21:54 14,71 1.27 16.021:06 21:56 14.11 1.28 16.121:08 21:59 14.83 1.29 16.1

SUNSET

20:2420:2620:2820:2920:3120:3320:3420:3620:3820:3920:4120:4320:4420:4620:4820:4920:5120:5220:5420:~S20:5720;5821:0021:0121:0321:0421:0621:0;21:0821:1021 :1121:1221: Uz I : 1 S21: 167.'J: 1721:182 j : I 921: 2021:7. I2 i: 22? I :/'J

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LOCA]'NOON13:0413:0413:0413:0413:0413: 0413:0~13: 03]3:0313:0313: 0313:0313:0313:0313:0313: 0313;0313:0313: 0313:0313:0313:0313:0313:0.313:0313: 0313: 0:113: 03U:(,U13: 0'313: 04I :1 : ~J41 :3: C413: e413:041.3:04I .~: ()(,13: OS13:\)~)1:3 : :..1 513:(;~j1'~:,)S

SUNRISE5: 455: 435:415:395:375:365:345:325:305:285:265:245:235:215:195:185:165:145:135:115:105:085:075:065:045:035:02~:Ol4:594:584:574:564:~~4: 544: '):14:S21: rll4:.5L4:504: 4 94:494:4e

3:00 4:{)8;>:58 4:072:56 4:0f;2:~4 4:0S7.:52 4:042:!J1 4:03?:49 4:022:10 4:')17. : 116 4: ~lQ

Civil5:075:055:035:014:594:574:544:524:504:484:464:444:424:404:384:364:344:334:314:294:274:264:244:224:214:194: 174 : 1fi4:154:134 : 12I): 114:09

:~!:.: Fr Ma'y' :~9I ':> I ::;d Ma y 3:)IS;:: Su M"y :~II~.~ Mo JlIn 11::4 Ttl ,Lm 2;.::)r.; We .Jur: :3: ~\~, Th JUt: '1: S'; Ft ,Jue ~J

~4E We Mdi 27 3:04:4~ Th ~ay 28 3:02

14 S

1'}3 rr144 Sc'.l

I4? Th

139 Me140 Tui s i vIe

137 Sa.13B Su

134 We~3,) Tn

130 Sa131 Su132 Mon~ ru

129 Fr

~27 vJe~28 Th

125 Mo126 Tu

lJ9'12C121122

;)i:lY#',17Su118 Mo

TWILIGHT START

ST,llJ>JCPdW 'i'IMESOF SUNRlSE, LOCAL NOON, SUNSET, & TWILTGll'l'FOR 19nSASKATOON SK

14.46 1.2~) r s .:14,52 1.2& IS,a14.59 1.2fi J~.c

1.24 E>.(:,1.7.4 15.6

I~.?1'.) . 2LS.31~).415, ·1IS. ~,

1.201.211.2 J1.22J • ?21.23

1.?0 ::'S,113,8813.9514,0.114.0814. J 414,2114.2714.3414,10

13.751.1914.913.82 1.19 15.0

Page 3 of 7

21:2021:2321: 2~21:2721:2921:312.1:'33? 1 : 3621: ss21:4C21: 4221: 4S2 I : 4-'21: 49

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20:5720:5921:01

20:3620: 3820: 407.0:422():4420:45

20:0020:0220:0420:(0)20:0720:0920:117.0: 1220:1420:1620:1720:1920:2120:23

13:0'/13: 0713:0713:0613: 0613:0613:0613: 0613:0513: 0513:0513:0513:0513;04

6:156: 136: 116:096:066:046:026:005:585:565:545:515:495:47

5:405:3'75:3')~:335:305:285:265:235:215:195: 165:145: 125:10

4:5fi4:534:~0'1 : <184:1S4:424:404:374:354:324:291.1:274:244:21

1L:"3 Su Ap r I7.~04 Mo Apr 13::i~:r« Ap r 14~:.J L Tl'1c Ap r ~ ~j ,..' Tl: Apr : 6108 F[ AFt 17,'\C, Sa Ap r 18: : j su Ap r 19~ J 1 )'010 Ap r 20112 Tu Apr 21113 We Apr 22114 Th Apr 23lIS Fr Apr 7.4116 Sa Apr 25

Sunrise Tables

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'J : 01~j 4 : ~ ~; ') : 27 1 .3 : 13 ? '): 'i :2 1 : 1 (} 7:> : .l~) 1S . '.;:2 I. 3;0, 1r . t,1 : " I 4 : tj 7 ~) : ;! P, J j : I 1 2 ~J: (; ::: j : '3'7 2 ~ : 1 \ I ') . 4;. I.'~ " I ;., , .,

:! " :r .Jul :l

is:» 1.42 17.l:~.l-7 1.41 li.11 S . ~/. 1.4 G L '; . i,1~.S7 1.3c; i·i.;.)

17 . f,I ; . ~';1'7. :.,J'!. 'Il'i.1JI !, .317 .:~17 . ~:

16. I 1.1 1. <1 9H.J51.4816.:111.4715.% 1.4(,l~.S/. 1.'1'.;1:j.~l7 1.44i s .»> 1.·n15,77 1.43

16.26 1.52 !'I.e16.22 i .»: 17.7IE. H1 1.SO 17.716.141.4917.6

23: 12:n: 1023:087.3:0623: 0,123:01:a:S97.7.:y/22:,)522: ~~'22:5'.)22: 4822:4522: 4'~22: 4li22:38

.. ----- t Llumi na ri onNautical Day Sky Total23:40 16.7S 1.64 18.423:40 16.75 1.64 18.123:39 16.~4 1.63 18.423:39 16.73 1.63 18.423:38 16.72 1.63 18.323:37 16.7] 1.63 IB.323:37 16.69 1.62 18.323:36 16.68 1.62 18.323:35 16.66 J.61 18.323:34 16.64 1.61 18.323:32 16.62 1.60 18.223:31 16.60 1.60 18.223:30 16.58 1.59 18.223:2B lE.S5 1.59 re . I7.3:27 lE.52 1.~8 18.123:2r.: 1.6,~O 1.5718.123:24 16.47 I.S7 18.023:22 16.43 1.56 1B.C7.3:20 16.10 1.55 18.023:18 16.37 1.54 11.923:16 16.33 1.~4 17.923:14 16.30 1.53 17.B

Hours of

Civil22:2022:2022: 2022:2022:2022:2022:1922:1922: 1822:1822:17?2:1722:1622:1522:1422:1322:1222:1122:1022:0922:0822:0722:0522: 04?/.:U322:0122:0(J21:58z I :Yi21:5521; 5321 :~)22.l:~O21: 'll.i2 ~ : 4"? i : <1 S21:4~~7. I : 41

TWILIGHT ENDSUNSET

21:31?l:3121:3121:3121:3121:3121:3121:3021:3021:307.1: 2921:2921:2821:2821:2721:2621:2521:25;>1:2421:2321:2221: 2121:7.021:1921:187.1:1721:1~~21: 1<121: 1:57.1:l:21: 1021 : 0"<21;1.J721:06;.>l : :)·121: ;n7. I :20: 'l

LOCALNOON13:0913: 0913:0913: 0913:1013:1013:1013:1013: 1013:1113:11J 3: 1113:1113: 1113:1213: 1213: 1213: 1213: 1213:1213:1213: 1213:1313:1313:1313:1313: 13::3: 13i 3: 1'313:1313: I :~13:13n:l.i13: ~:313:.d: 3: '] 313:1313: 13

4:4J 5::?'~~4:42 5:244:113 ):2S

SUNCi v i l RI SE3:57 4:463:57 4:473:58 4:4"3:58 4:473:59 4:484:00 4:494:00 4:494:01 4:504:02 4:504:03 4:514:04 4:524:05 4:534:06 4:.')44:07 4:554:08 4:564:09 4:574:10 4:584:12 4:594: 13 5: 004:14 5:014:16 5:024:17 5:034:19 5:044:20 5:064:22 5:074:23 5:084:25 ~):(}94:2'" 5:114:213 '):124:30 5:144:31 ~):~~)4 : 3:3 ~: I (;4:35 5:184:30 ~:194:3g 5:2:

Gay# Jale Nautical[75 Tu Jun 23 2:38!76 We Jun 24 2:38177 Th Jun 25 2:39178 Fr Jun 26 2:40179 Sa Jun 27 2:41180 Su Jun 28 2:42181 MD Jun 29 2:43182 Tu Jun 30 2:44183 We Ju1 1 2:45184 Th Ju1 2 2:47185 fr Jul 3 2:48186 Sa Ju1 4 2:50187 Su Jul 5 2:51188 MD Jul 6 2:53189 Tu Jul 7 2:55190 We Ju1 8 2:57lql Th Ju1 9 2:59192 Fr JulIO 3:01193 Sa Jul 11 3:031~4 Su Ju1 12 3:0519'J Mo Jul 13 3:07~9& Tu Jul 14 3:09197 We Jul 15 3:11198 'J'hJul 16 3: 13199 Fr Jul 17 3:16200 Sa Ju1 18 3:18;01 Su Ju1 19 3:20202 Mo J~J 70 3:22? (;~ 'I'u .J~11 2 ~ 3:? ~2~4 We JuJ 22 3:27?(i~; ':'h Jul 23 1:302\}C Fr ,jll.) 7.4 3:32~O~ Sa Jul 25 3:34;':JI) SU Ju":'26 3:37:2 :'J Cj M" Ju1 2.7 3 : 39:"11.: Tu .Ju1 2B .~:4·:211 w~ dul?9 3:44217. Th .Ju1 30 3:4f:

nnLIGHT START

STANDARD TIMES OF SUNRISE, LOCAL NOON, SUNSET, & TWILIGHT FOR 1992SASKZ>.TOON SK

16.61 1.60 18.210.63 1.61 18.216.6~ 1.61 18.316.67 1.61 !B.316.6B 1.62 18. 316.70 1. 62 18.:3I 6. 71 1.61 18. '316.72 1.63 10.416.73 1.63 18.416.74 1.63 18.416.7~) J. 64 1B . t,I6 .75 1.64 18 .~16.76 1.6418.416.76 1.6418.416. '/6 1.64 18. 416.76 1.64 18.4

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22: 1222: 1322: 1422: 1:'>22: 1622: J &22:1722: 1822:1822: 1922:1922: 2022:2022:2022:2022:20

2 I:2421:2~21: 262 J : 2621:2721: 2821:2821:2921:29/.1:3021: 3021:1021:317.1:3121:1121:31

13:USI'3 : (J (,13: Or.L:l:1l61.3: 06~3:0613:0713: 071'3:U713; en13:0fl13:0813: 0813:08]3:08B:09

4;484:474:474: 4 (;4:464:464: 454: 'l~)4:4:'4 ;'1~)4:45~ : 4 ~4:454:4.')4:464:46

4:003::;93:583: ~)83:573:573:573:563:S63:563:563:.')63:563:563:573:57

1 (,~, VJe .Jun 1. 0I (':d Th .iun 1':"16'1 Fr ,Tur. 12:c~ Sa Jun 13166 su .Jun 14167 Mo ,Tun I~,168 'I'u .Tun 16169 We Jun 171.7(J Th .Jun J B~71 Fr dun ~9.:.72 Sc) Jun 201F3 Su ,Tun 21J74 MD Jun 22

0,8

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------------ IlluminationCivil Nau t i cal Day Sky Total20:56 21:43 14.34 1.24 1S.620:54 21:41 14.78 1.23 15.520:52 21:38 14.21 1.23 1~.420:49 21:35 14.15 1.22 15.420:47 21:33 14.09 1.21 15.320:4S 21:30 14.02 1.21 15.220:42 21:27 13.96 1.20 15.220:40 21:25 ]3.90 1.20 15.120:38 21:22 13.83 1.19 15.020:35 21:19 11.17 1.19 15.020:33 21:17 13.70 1.19 14.920:31 21:14 13.64 1.18 14.820:28 21:11 13.571.1614.720:26 21:09 13.51 1.17 14.720:23 21:06 13.44 1.17 14.620:21 21:04 13.36 1.17 14.520:19 21:01 13.31 1.16 14.520:16 20:58 13.24 1.16 14.420:14 20:56 13.1B 1.16 14.320:11 20:53 13.11 1.15 14.320:09 20:51 13.8~ 1.15 14.220:0c .7.0:4B 12.98 1.1~ J4. I20:04 20:4S 12.91 1.14 11.120:02 20:/j3 12.851.1414.(;19:59 70:40 12.78 1.14 13.S19:57 20:38 12.7: J.14 13.919:54 7.0:3~ Il.65 1.13 13.819:52 2C:33 12.58 1.13 1~ 7

19:50 20:30 12.~1 1.13 13.619:47 ~O:~8 12.45 1.13 l~.G

Hours ofTWILIGHT ENDSUNSET

20: 1920:1'120:1520:1320: 1120:0920:0620:0420:0220:0019:57J9:5519:5319:5119:4819:4619:4419:4119:3919:3719:3419:32lc):3019:2719:2519:2119:2019:1819: If.; 9: 1319:1119:0:119:0(,19:011 (j : O?1B : ~)9J 8: S i'

~2:~)~:~1~~:~)912:5':,1?:~812: 0.: f'

LOCALNOON13: 1013: 0913:0913: 0913: 0913:0813:0813: 0813:0813:071'3: 0713:0713:0613:06]3:0613: os13;0513:0513:04J3:0413:0413:0313:0313: 0313:0),13: 0213:0?13:U113: 0111:(H}!3:00:3:00

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6: 486:51)6:51

6:47

SUNRISE5:596:016:026:046:066:076:096: 106:126:146:1:)6:176:196:206:226:246:256:276:286:306:326:336:356:376:38c: 406: 42c:43&: 45

5:36 6:lf ..5:37 6: 185:3':< 6:195:11 6:?1~\: 4 3 6: 2.~'; : 4~: 6 : ;~4

5: ~;96:016:0.7.6:046:0c6:076:0::16: 116: 136:14

5:575:55

Civil5:225:245:255:275:295:315:335:345:365:385:405:415:435:455:47:':495:505:525:54

2f s 4 S'.J Sep ::>8':6:'; Mo sep 21?6C T ..l Sep 22::'67 ~'ii: ~,;ep ::;3:<~~? T:"l S~p i~:.:.f. (~ l" = ~'.;(::p 2 S:.:7 (i ~~.\ SRP ;; f,

Day# Date Nautical233 Th Aug 20 4:35234 Fr Aug 21 4:37235 Sa Aug 22 4:39236 Su Aug 23 4;41~37 Mo Aug 24 4:43238 Tu Aug ~5 4;45239 We Aug 26 4:47240 Th Aug 27 4:49241 Fr Aug 28 4:527.42 Sa Aug 29 4:5424~ Su Aug 30 4:56244 Me Aug 31 4:58245 Tu Sep 1 5:00?46 We Sep 2 5:022~7 Th Sep 3 5:04~4B Fr Sep 4 5:06249 Sa Sep 5 5:08250 Su Sep 6 5:10?Sl Me Sep 7 5:11252 Tu Sep 8 5;137.53We Sep 9 5:15254 Th Sep 10 5:177.55 Fr Sep 11 5:192S6 Sa Sep 12 5:21257 Su Sep 13 5:7.32Se Mo Sep 14 5:257.5~ T~ Sep IS 5:7.'1~E3 w~ Sep It 5:28:;'f. I 1'1: Sep 17 5:30;L2 Fr Ser lR 5:3;263 Sa Sep;9 5:3~

TWJLIGHT STAR':'

9876

'34S

ST.l:>JoJDARDTIMES OF SUNRISE, LOCAL NOON, SUNSE'l', s TWILIGHT FOR 1992SASKATOON SK

15.<11 1.37 16.815.35 1.36 16.715.30 1.35 16.615.24 1.34 1(;.(~

J~.IS 1.33 16.~)15.13 1.33 It:.5lS.C'I 1.32 16.415.01 1.31 J6.314.95 1.30 16 ....14.89 1.30 16.214.83 1.29 16.114.'1'1 1.2816.114.71 1.l8 16.~)14.65 1.27 J~:.g14.59 1.26 15.914.531.26 1=-.8.\4.4" 1.25 1').714.40 1.24 15.6

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ID.52 1.14 11.710.46 1.15 11.610.39 1.15 11.510.33 1.15 11.~)10.26 1.15 ]1.410.20 1.16 11.410.14 ].]6 11.310.07 1.16 11.210.01 1.17 11.1.9.95 1.17 11.19.88 1.17 11.19.82 ].]8 1l.(J9.76 1.18 10.99.70 1.18 10.~!9.63 1.19 10.89.57 1.19 10.89.51 1.20 10.79.15 1.20 10.79.39 1.~0 i o .r.9.33 1.2! IQ.~)9.27 1.21 10.C.;f:I.2? I.n 10,4g.16 1.22 10.49.10 1.23 10.3g.o~) 1.23 1().~0.99 1.23 Hi.:::8.~4 1.?4 Ie.::

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Nautica2.19:2119:1819:1619:1519:1319:1119:0919:0719:0519:0319:0119:0018:5818:5618:5418:5318:5118:5018:4818:4618:4518:4418:4218:4118:3918:3818:3718:3618:3,1IFl::B18:32J 8 : ~ 118:3018:l'f:1a: 2 f)

Civil18:4118:3918:3718:3518:3318:3118:2918:2718:2518:2418:2218:20]8:1818:1616:1418: 1318: 1118:0918:0818:0618:0518:0318:0118:0017:5917:5717:5617::'417:5317:521'1:5117: 4911:4817:4'I17:4(',

TWILIGHT ENDSUNSET

18:0718:0518:0318:01l7:5917:5717:5517:5217:5017:4817:4717:4517:4317: 4117:3917:3'{17:3517: 3317:3217:3017:2817:2617:25J 't : 2 317:2217:7.C17: ] 917:17.17: 1617: 1,117:13]7:12J7: 1017: :)C;J '/ : :j i:!

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LOCALNOON12:5212:5212:5112:5112:5112:5112:5112:5112:5112:5112:5012:5012:5012:'1012:5012:5012:5012:5012:5012: ~O12:50lL: 5012:')012: 5()12:5112:~:~1?:5;1L : ~,~.12 : ~: :l:?:5i12:S~!I' : ~,/.12:S2

8:308: :3:8:n8:358 : 3~;

8 : ~~8

SUNRISE7:367:377:397:417:437:457:467:487:507:527:547:557:57"1:598:018:038:048:068:088:] 08:128:1313:158:118:]98:218:228:248:26

Civil7:017:037:057:067:087:107:127:137:157: 177:187:207:227:237:257:277:297:307:327:347:357:3'17:397:4G'l:427:447:4J7:4'17:49'{ : ~I;7:527: ~d7: 5~)7 : ~f,7 : ~18

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H<.7

6:396:406:426:446:456:476: 486:506:5?6:536:::'5

Nautical6:226:246:256:276;296:306:326:346:356:37

518 F:: :.;~v 13jl~~ Sd ~!(;V l~:;2 (; S <1 Ncv 1~:j/:! 1'>10 t~GV 1(;·~'l ,., T·...l Ncv 1732 ~ ~'ie l~QV ] 8~::!1 T:, Kc v 1o~ /. '. :,.~. J< ::} V ;: I;

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j17 T~l Nov 12

3 I4 [\>1v }; 0 V g3E T:.1 Nov 1(:.1 l t) ~'ie :..;c v 11

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Daylf Date291 Sa Oct 17292 Su Oct 18293 Me Oct 19~~94 Tu Oct 20295 ~ve Oct 212% Th Oct 22297 Fr Oct 23298 Sa Oct 24299 Su Oct 253(;0 Mo Oct 263C1 Tu Oct 27302 We Oct 28:-3Q3 'l'h Oct 2931.)4 Fr: Oct 3030:;' Sa Oct 31306 Su Nov 1307 MD Nov 2308 Tu Nov 3309 We Nov 4s i o Th Nov 5

TWILIGHT START

STAND}\RD TIMES OF SUNRISE, LOCAL NOON, SUNSET, « TWILIGHT FOR 1997-SASKATOON SK

11.85 I.l~~ LLO11.781.12 12.91 j • '7 I 1.12 12.B11.6'.)I.I.? 17.e11.513 1.1212.7i i .»: 1.::'2 ::'2.6l 1. ,1'.; 1. i 1. i>. (',1].38 1.12 12,~,11.31 1.]2 12.411.2:) 1.12 l?411.181.13 12.3JI.I7. 1.1312.211.0:) 1.11 I?.~']0.98 1.13 12.110 . 9.? 1. I 3 12. ~j

10.8'.)1.1317..:)10.79 1.13 1l.910.72 1.14 11.910.65 1.14 11.810.:)g 1.14 II.'!

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20:0520:03?O:OI19:5819:5(;1.9:5319:5119:4919:4719:4419:4219:4019:3819:3519:3319:3119:2919:2719:2519:23

19:2619:2419:2119:19]9:1719:1419:1219:1U19:0719:0519:0319:0118:5918:5618:5418:5218:5018:4818:4618:43

18:5218:5Q18:4818: 4518:4318:4118:3818:3618:3418:3118:2918:27]8:2518:2218:2018:1818:1518:1418:1118:09

1?:5712: :1712:571?:S612:5612:5612: r) '.)

12:5512:~~12:5512:541?:5412: ~412:5312:~312: :-)312:5312:5212:5212:5?

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6:286:296:316:336:346:366:386:396:416:436:456: 466: 486:506:516:536:556:566:587:00

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;'.78 S1.1 Ocl 4279 Mo Oct 'j28:)Tu Oct (;:;81 We Cet 7282 Th Ocl 8283 Fe C:ct, 97.84 Sa OcL lU:,'8S Su Oct 11286 Mo Oct 12787 Tu Oct ]3288 We Oct 14289 Th Oct l~290 Fr: Oct 16

?!.~ Til274 We:;~'}S

Sep 27Sep 28Sep 7.9Scp 30

'I'h Oct 1Fr Oct: ;;>SCI Oct 3

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Annual Total Hours Daylight Illumination -4490.7Annual Total )lour.s Twilight Illumination - 473.~Annual 'I'o t.a I Hou r s Natural 111 unu nat ion --='196~. ~'l

Hours ofIlluminationDay Sky Total

7.76 1.36 9.17.75 1.37 9.17.74 1.37 9''1.731.37 9.17.731.37 9.17.72 1.37 9.17.72 1.37 9.17.72 1.37 9.17.72 1.37 9.17.72 1.37 9.17.73 1.37 9.]7.741.37 9.17.751.37 9.17.76 1.36 9.17.771.36 9.17.781.36 9.17.80 1.36 9.7.7.S7. 1.36 9.2

Nautical18:1918: 1918:2018:2018:2018:2118:2118:2218:2218:23)8:2318:2418: 2518: 2:>18:2618:27]8:2818:29

Civil17:3517:3517:3617: 3617:3617:3717:3717:3817:3817:3917:3917:4017:4117:4217:4217:4317:4417:45

TWILIGHT ENDSUNSET

16:5416:5516:5516:5516:5516:5616:5616:5716:5716:5816:5816:5917:0017:0117:0217:0217:0317:04

LOCALNOON13:0213:0213:0313:0313:0313:0413:0413:0513:0513:0613:0613:0713: 0713: 0813:0813: 0913:0913: 10

SUNRISE9:099:099:109:119:129:129:139:139: 149: 149:159:159:159:159:159:159:169:15

Civil8:288:288:298:308:3113:318:328:328:338:338:348:348:348:348:358:358:358:35

Day# Date Nautical349 Me Dec 14 7:44350 Tu Dec 15 7:45351 We Dec 16 7:45352 Th Dec 17 7:46353 Fr Dec 18 7:47354 Sa Dec 19 7:47355 Su Dec 20 7:48356 Me Dec 21 7:48357 Tu Dec 22 7:49358 We Dec 23 7:493~9 Th Dec 24 7:503EO Fr Dec 25 7:50361 Sa Dec 26 7:50362 Su Dec 27 7:51363 Mo Dec 28 7:51364 Tu Dec 29 7:51365 We Dec 30 7:51366 Th Dec 31 7:51

TWILIGHT START

STANDARD TIMES OF SUNRISE, LOCAL NOON, SUNSr':T, (. TWILIGHT FOR] 992SASKATOON SK

8.43 1.298.39 1.298.34 1.308.~O 1.308.26 1.318.22 1.318.18 1.318. 14 1.328.11 1.328.07 1.338.04 1.338.01 1.337.98 1.34'1.95 1.317.92 1.347.90 1.357.87 ).357.85 1.357.83 1.367.81 1.36'1."79 1.367.781.36

18:2618:2518:2518:2.41 B : ~~318:2318:2218:22.18:2:18:z.18:2018:2018: 7.018:1918:1918: 1918:1918:1918:1918:1918:1918:19

17: 4417: 4317:4217: 4217:4117:4017:3917:3917:3817:3817:371'1: 3717:3617:3617: 3617:3517:3517:3517:3517:3517:3517:35

17:0617:0517:0417:03n:0217:01l'7:0016:5916:5916:5816:5716: :>716:5616:5616:55J6:5516:5516:5516:5416:5116:5416:54

12:5312:5312:5317.:~412::)412:5412:5512:5'::12:5512:5612:5612:5712:5712:5712:5812:::)812:5912:~913:0013:0013:0113:01

8:548:558:568:588:599:009:019:029:049:059:069:079:08

8:408:418:438:458:468:488:498:51

8:018:038:048:058:078:088:108:118:128: 148:158:168:178:198:208:2113:228:238:248:258:268:27

7:197:207:227:237:247:267:277:287;307:317:327:337:347:357:367:377:387:397:407:417:427:43

327 Su Nov 22328 Mo Nov 23329 Tu Nov 24B8 We Nov 25331 Th Nov 26332 Fr Nov 27:133Sa Nov 28334 Su Nov 29.BS Mo Nov 30.Ut-,'I'u Dec 1337 We Dec 2:n8 Th Dec 3339 Fr Dec 4340 Sa Dec 5341 Su Dec 6342 Mo Dec 7343 'I'u Dec 83114 We Dec 9.~4~ Th Dec 103'16 Fr D~c II3~7 Sa Dec 12348 Su Dec 13

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The plaintiffs date of birth is December 13, 1956. At the time that both accidentsoccurred he had been employed in real estate sales for a period in excess of ten years. Hisemployer was ReMax Realty and he was employed as an independent realtor which

meant that he paid a certain flat rate to ReMax for his expenses and any commissions heearned belonged entirely to himself.

The plaintiff has been involved in two motor vehicle accidents which occurredJuly 24, 1992 and November 16, 1992. As a matter of oversight, no request for trial wasserved in respect of the first accident. However, it is the preference of the defendantsDietz and Autotran that the question of damages arising from the July 1992 accident bedealt with in the context of the within Pre-Trial Conference. Liability is in dispute withrespect to the November 1992 accident but is admitted with respect to the July 1992accident.

I FACTS

PRE-TRIAL BRIEFON BEHALF OF THE DEFENDANTS, DONALD DIETZ AND

AUTOTRAN MANUFACTURING LTD.

DEFENDANTS

DONALD DIETZ, ST. PAUL'S HOSPITAL (GREY NUNS)OF SASKATOON, DR. DWIGHT LOBACK and AUTOTRANMANUFACTURING LID.

- and -PLAINTIFF

PHILLIP GREENWOOD,

BETWEEN:

Q.B. No. 507 of A.D. 1993IN THE COURT OF QUEEN'S BENCHJUDICIAL CENTRE OF SASKATOON

- I

Attached at Schedule 2 is correspondence from Saskatchewan Highways andTransportation dated May 1, 1995 which endeavors (0 provide accurate dimensions for

the highway at the scene of the accident. When requesting the dimensions the accidentlocation was specified as being 4.25 miles south of Macrorie, Saskatchewan. As thecorrespondence indicates the highway is a secondary highway, without shoulders, with anasphalt surface totalling 7.4 metres, or 24 feet 3.4 inches. In addition, there is a subgradearea adjacent to the asphalt on both sides of the highway which consists of hard packedgravel and the entire width of the roadway, including the subgrade width, is 8.8 metres or

28 feet 10.4 inches.

In the November 1992 accident the plaintiff was southbound along Highway #45,south of Macrorie, Saskatchewan. A copy of the Highway Traffic Board report isattached at Schedule 1. The defendant was northbound on the highway towing an

Autotran 4200 swather. The swather was towed lengthwise and at an angle from a.hitchoffset to the right on the rear bumper of the Autotran truck. The hitch in question isadjustable and on the morning in question it had been adjusted to tow to the right of thetruck such that the swather would extend off the highway and to the right of the highwayapproximately three feet while being towed. (Discovery questions 158 to 162, DonaldDietz) The width of the swather while being towed varied between II feet 6 inches and

12 feet 6 inches.

In the first accident, the plaintiff was travelling on the Idylwyld freeway in

Saskatoon in the middle lane when a vehicle in the left lane suddenly changed lanes andside-swiped the plaintiff forcing him into the right lane and up against the guard rail. Hesaw his family physician a couple of days following the accident by which time he had

begun to experience headaches. The headaches continued to be troublesome for severalweeks following the first accident and at times required time off work. The headacheswere a daily occurrence at first and he was working essentially part time as a realtor for

one and one-half months following the first accident. Thereafter he resumed full timeemployment and the headaches had completely resolved without active treatment by thetime the November 1992 accident occurred.

Prior to the accidents the plaintiff had no significant contributory health history.He had been troubled by back pain approximately five years prior to the accidents but theproblem had been resolved with chiropractic treatment and had not recurred prior to theaccidents.

2

The time of the accident is difficult to pinpoint. It was initially thought that thetiming could be pinpointed by obtaining the record of a cellular phone call placed by thedefendant immediately following the accident. The Highway Traffic Board reportpinpoints the time as 8: 10 a.rn.; the plaintiff has no direct evidence to provide as to thetime of the accident but states that it was not yet daylight enough that he could begin

hunting.

Donald Dietz advised Highway #45 is a narrow old secondary Saskatchewan roadand that there was no margin for error given the width of the implement he was towing.(Dietz discovery Q. 112-114)

When the plaintiff vehicle met the defendant vehicle the plaintiff vehicle struckthe swather just behind the cab of the defendant's truck. The plaintiff maintains that heremained entirely within his own lane of travel while the defendant maintains that the

plaintiff was proceeding towards the centre line as he approached the defendant and thatat the point of impact the plaintiffs vehicle had actually crossed the centre line.

Following the accident the defendant, Dietz, got out of his vehicle and was able toexamine tracks in the moisture on the roadway which confirmed that the plaintiff had infact crossed the centre line, or as Mr. Dietz put it, "The tracks were more to our side then

they were to his side on the line". (Q. 73-78 Donald Dietz examination)

When the oncoming plaintiff vehicle met the defendant vehicle the defendant,Donald Dietz, observed the plaintiff to be slumped over, leaning to the right. The

defendant, Donald Dietz, also testified that at the time of the accident it was sufficiently

daylight to recognize the vehicles of people he knew who were out hunting. He observedthat it was light enough to prepare to hunt although he did not know whether hunting hadactually begun prior to the accident. (Donald Dietz Examination for Discovery Q. 99-101)

Attached at Schedule 3 is the statement of Kent Ruuth, a passenger in thedefendant's vehicle. The statement, which is not sworn, and is dated May 7. 1993,

indicates that at the time of the impact the right wheels of the defendant truck were to theright and in the gravel area adjacent to the asphalt. The statement is also useful in that itindicates that the passenger was able to discern the color of the clothing worn by the

occupants of an oncoming vehicle, which presumably has a bearing on the lightingconditions at the time of the accident.

3

He remained in hospital for a period of approximately five days. The pins hadbeen removed from the hand by approximately one month post accident and at that time,

while the hand was not painful he had little use of it.

He immediately experienced a severe pain in his left arm. As it turned out, theleft arm was not broken but simply bruised but his left hand was broken and surgery wasrequired to reduce the fracture with the use of three surgical screws. In addition the

plaintiff had numerous facial cuts.

As a result of the impact between the plaintiffs vehicle and the swather beingtowed by the defendant, the swather cut into the passenger compartment, a distance ofapproximately one foot. Mr. Greenwood's vehicle was spun and came to rest partially inthe ditch. Mr. Greenwood was taken by ambulance initially to Outlook and then to St.

Paul's Hospital in Saskatoon.

The defendant's evidence is to the effect that the truck was equipped with a

flashing light at all times and that red flags were attached to each comer of the implementbeing towed.

The plaintiff has also indicated, at his Examination for Discovery. that at theaccident location the road is straight. He indicated that there was a slight hill betweenhimself arid the defendant's vehicle. He saw the amber light flashing on the defendant'struck and saw it disappear for a second or so before it reappeared as the defendant'svehicle emerged at the crest of the hill. He estimated the point at which the flashing light

disappeared as being at least one-half a mile away. although he wasn't paying attention tothe flashing light but was rather looking at the highway and at the headlights of the truckand then at the right hand shoulder. (Greenwood discovery Q. 70-73)

At the time of the accident the plaintiffs evidence is that it was still quite dark,

that the sun was starting to come up at the horizon, but was not over the horizon. Theplaintiff states that the headlights on the defendant's vehicle were bright enough that hehad to look at the right hand shoulder of the road due to the glare. (Q. 74 discovery of

Phillip Greenwood) He also expressed the view that anyone hunting at the time of theaccident would have had to wait approximately 40 minutes until the start of legal huntingtime. However, his point at reference for making this determination is not clear.

4

At the Examination for Discovery of the plaintiff by the solicitor for thedefendant, Loback, the plaintiff indicated that it was his plan to discontinue work in thereal estate field and to obtain his commercial pilot's license as well as his mountain guidecertification to act as a helicopter ski guide. It is not known whether he has followedthrough with these plans. It was also his intention to seek further medical attention withrespect to the right eye by having laser surgery with the Gibel Eye Centre. The plaintiff

felt, at the time of the Examination for Discovery, that it was possible that this laser eyesurgery could do away with some of the "ghosting" or "halo" effect associated with night

The plainti ff returned to work as a realtor on January 1t 1993. His ability to returnto work at this point is largely due to the fact that his occupation is not physicallydemanding, and due to the fact that the primary injury was to his left and not to his

dominant hand.

A report of Dr. J. H. Underhill, dated January 19, 1995, is attached at Schedule 4.The report indicates that the laceration is well healed but the resulting scar from this typeof injury, which is unavoidable, will certainly cause symptoms such as halos around

lights at night or when tired. Dr. Underhill indicates that the scar is likely to remain forthe rest of Mr. Greenwood's life and will cause mild to moderate difficulty while drivingat night. It is also expected to cause some difficulty with contact lens fitting.

Another problem which the plaintiff encountered was not discovered until theweek following his discharge from hospital. He went to see an optometrist for thepurpose of obtaining replacement contact lenses and the optometrist observed that the

plaintiff had a cut in the right cornea. He referred the plaintiff to Royal University

Hospital and the corneal tear was treated conservatively. The plaintiff was advised thatordinarily such a tear or cut would be stitched but because it was already healing nothingcould be done but treat it conservatively and monitor the progress.

The plaintiff took physiotherapy and gradually regained more and more functionof the hand. By Christmas of 1992 he still had very little function. Now, the hand isalmost fully functional with the exception that he cannot close his fist very tightly and he

feels he has lost some rapid dexterity. The hand is also more sensitive to cold than it wasbefore, and he has difficulty lifting heavy objects with the left hand without experiencingan aching in the hand. It should be noted that the plaintiff is right handed.

5

4 ..

It is respectfully submitted that while. the defendant, Donald Dietz, was convictedof pulling an overwidth load before sunrise, this conviction has little to do with thedetermination of liability. The attending R.C.M.P. officer who investigated the accident

determined that the defendant, Donald Dietz, was not in any way responsible for the

1. Liabilit\' in Respect of the November 1992 Accident

1. Liability in respect of the November 1992 accident

2. Non pecuniary damages3. Pecuniary damages4. Prejudgment interest

5. Miscellaneous

II ISSUES

At the time of his Examination for Discovery by the solicitor for the defendant,Dietz in April of 1995, the plaintiff indicated that the limitations he experienced related to

the eye were difficulties with night driving and night vision which resulted in a "halo"

effect in the event that he was driving while tired. He indicated in the examination by thesolicitor for the defendant, Loback, that night driving in the city was not a substantial

problem but that night driving on the highway was a more substantial problem. Heindicated that he would not, for instance, attempt to drive from 6:00 a.m. until 2:00 a.m.as he would undoubtedly become fatigued by the early morning hours and would begin toexperience the "halo" effects. However, he did indicate that he was capable of night .

driving provided fatigue was not a factor. He also indicated that having more than two or

three alcoholic beverages prior to night driving could also produce the "halo" effect. Hestated, however, that it was his habit not to consume more than 15 alcoholic drinks overthe course of a year. Mr. Greenwood also indicated that his visual acuity was perhapssomewhat less in the right eye than it had been prior to the accident. However, heindicated Dr. Underhill could not say whether or not this was related to the injury orunrelated.

driving. It would also have the additional benefit of increasing his visual acuity. It is notknown whether this surgery was completed or what its effects have been.

6

The defendants, Dietz and Autotran, do not claim that the eye injury occurredfrom any cause other than the motor vehicle accident of November 1992. The injury hasresulted in permanent but mild impairments related to the vision in the right eye and,provided the plaintiff can establish liability, it is appropriate that he be compensated bythe defendants, Dietz and Autotran. Insufficient information is available concerning thepotential acts or omissions of the remaining defendants and concerning the effect of those

2. Non~Peclinjary Damages

In the circumstances, the defendant takes the position that the plaintiff is 100%liable for the accident.

The defendant and the attending police officer had the opportunity to examine the

tracks made by the plaintiffs vehicle in the moisture present on the roadway .. Theplaintiff did not have an opportunity to make such an inspection due to his injuries. It isfurther submitted that the plaintiff cannot provide any clear evidence as to his positioningon the highway at the time in question because he was directing his attention to the right

hand shoulder of the highway and not to his position in relation to the centre line.

It is submitted that in order for the defendant's breach of statute to be relevant tothe question of liability, the act constituting the statutory breach must be the cause of the

accident. This principle has been enunciated in Belair v. Thiessen et al (1984) 29 Sask.R. 224 as well as in a number of other Saskatchewan cases, both in the context of motor

vehicle liability and in other contexts. In Belair the plaintiff alleged that the defendanthad been in breach of S 144 of the Vehicles Act, having to do with the obligation of a

passing motorist not to return to his or her lane of travel and drive in front of the motoristhe or she had passed until it was safe to do so. The Court held that where the plaintiffhad moved to the shoulder of the highway to allow the defendant to pass in safety, the

defendant was entitled to assume that the plaintitTwould remain there until he was safelypast. The accident occurred not due to a breach of statute on the part of the defendant,

but because the plaintiff miscalculated the distance between his trailer wheel and the edgeof the pavement, which miscalculation resulted in the rolling of the trailer. The plaintiffsaction was dismissed.

accident. This determination is clearly stated on the Highway Traffic Board reportattached at Schedule 1.

7

The plaintiff suffered an injury to his eye while a patron of the defendant'sbeverage room. An individual stuck a lighted cigarette in the plaintiffs eye. It was

recommended that the plaintiff undergo surgery but he had, to date of trial, refused to do

Ouellet v, Uranium City Hotel Ltd. (1980) 5 Sask. R. 421

Mr. Justice MacLeod awarded the plaintiff $15,000.00 which, adjusted forinflation, amounts to $37,500.00 in 1992 dollars.

The plaintiff purchased a pair of safety glasses which malfunctioned. When a nailstruck the glasses they shattered injuring the plaintiffs eye. The plaintiff required

surgery, was hospitalized for 13 days and had 12 stitches in the eyeball. As a result of theinjury there is a corneal scar across the centre of the pupil extending the whole width ofthe cornea. The plaintiffs vision is permanently reduced and he has ongoing discomfort.

The date of this loss is not recorded in the judgment. However, the loss occurred

somewhere between 1975 and 1979. Ihave assumed, for the purpose of calculating theinflationary increase, that the loss occurred in 1977.

Ivan v.AOeO Ltd. (1980) 1 Sask, R. 198

Cases involving injuries to the eye include:

The initial soft tissue injury was an extremely minor one.

The defendants, Dietz and Autotran, quantify the plaintiff's entitlement to nonpecuniary damages at $40,000.00.

It is submitted that the plaintiff experienced a mild soft tissue injury in the July1992 accident which had cleared within four months of the accident occurring. In theNovember 1992 accident he then experienced a fracture to his left, non dominant hand

which required surgery and resulted in approximately six weeks off work. In addition,the p lainti ff has experienced the di fficulties related to the tear in his right cornea.

acts or omissions. The defendants, Dietz and Autotran, take no position in respect oftheir responsibility at this time.

8

The plaintiff suffered lacerations to the face and forearm and severed tendons and

ulnar nerve in the left wrist as a result of an accident May 20, 1985. No surgery was

required but the plaintiff was hospitalized for six days and her arm was placed in a castfor four weeks. Physiotherapy was required. She had a continuing loss of feeling inseveral fingers and difficulty grasping small objects or lifting heavy objects. The delicatecoordinated balance of the musculature was disrupted and she was unlikely to regain fullfunction of the hand in the future. Non pecuniary damages of $18,000.00 was awardedwhich included some for facial lacerations. Adjusted to 1992 dollars this amounts to$24,000.00.

Moosbllrger v. Borvk (1990) 85 Sask. R. 178

Saskatchewan cases involving fractures to the hand could not be located however,

cases involving wrist fractures are somewhat helpful.

The plaintiff was injured in an incident which occurred June 30, 1976. The injury

occurred as a result of a pair of sunglasses smashing when struck with a baseball. Theplaintiff had larger pieces of glass removed from his eye as well as a number of smallersplinters. The cornea was lacerated. Both eyes were covered and he was hospitalized for

10 days. The injury was very painful. He suffered residual problems which included aloss of his vision to the left side. He could see images out of the comer of the left eye butthey were not clear, and to avoid this phenomena the plaintiff had to tuck his chin in and

look straight ahead at an object rather than look at it peripherally. The visual acuity wasreduced as a result of the accident. Damages were assessed at $12,000.00 which,

adjusted for inflation to 1992 dollars, amounts to $30,000.00.

Leitz v. Saskatoon Drug and Stationery Co.Ltd (1980) 4 Sask. R. 35

Damages were assessed at $3,000.00 for this 1975 injury. When adjusted forinflation to 1992 dollars this amounts to $7,500.00.

so. The injury was initially painful and resulted in impaired vision such that he must tumhis head in order to see to the right. When hunting, he must site through his left,uninjured eye.

9

The plaintiff has claimed pre-judgment interest. According to the Court ofAppeal, when a judgment (as opposed to a settlement) is involved, pre-judgment interesti.§ payable on non-pecuniary damages: Bunce v . Flick et el, (1992) 93 Sask. R. 53.However, it is not clear whether pre-judgment interest is to be awarded on the full amountof the non-pecuniary damages from the dale of the accident, or only on that portion of thepain and suffering which occurs between the date of the accident and the date ofjudgment. This issue was argued before McLellan, J. in Ochitwa v . Ochitwa (1991) 88Sask. R. 132. However, the issue was resolved by the parties after the hearing and before

4. Prejudgment Interes..!

Quantification of such a loss remains extremely difficult given that it is theplaintiffs plan to be self employed in these endeavors. Without a specific business plan itis difficult to assess whether the plan is a realistic one or an attainable one. It is alsoextremely difficult to assess the degree to which the plaintiffs performance in his chosenoccupation may be affected given the plaintiffs suggestion that laser surgery mayalleviate some, if not all of his ongoing complaints.

The plaintiff has produced no income tax records to substantiate any past income

loss. It is submitted that without further detail, a lost earning capacity award is notjustified. The plaintiff asserts that he might experience some reduction in earningcapacity in the event that he obtains his commercial pilot's licence and cannot fly at night,

or in the event that his vision does not meet commercial pilot standards; however, to datethe defendants have received no information concerning the plaintiffs occupationalchanges, if any, or as to any impediments to obtaining a commercial pilot's licence.

3. Pecuniary Damages

The plaintiff was injured in an accident January 21, 1978. He suffered a colles

fracture of the left wrist. The wrist was immobilized while the swelling subsided andthen he required a cast. It took approximately six months for the wrist to return to near

normal condition. The wrist remained painful with heavy work and there were ongoinglosses of range of motion in the wrist. Non-pecuniary damages were assessed at$3,500.00 which, adjusted for inflation, amounts to $8,000.00 in 1992 dollars.

Hannah v. Sask. Wheat Pool (1983) 24 Sask, R. 252

10

LAWYER IN CHARGE: Jennifer A. BaileyTELEPHONE: 683-2113

This Brief of Law was delivered by K.A. Lerner, Barrister and Solicitor, 623 - 2ndAvenue N., Saskatoon, Saskatchewan, S7K OH3, and the address for service is in care ofthe said solicitor.

.")

.....

ALL OF WHICH IS RESPECTFULLY SUBMITTED this 2 7 day ofj.:: ."", , A.D., 1998.

No weekly indemnity benefits have been paid to the plaintiff by SaskatchewanGovernment Insurance on either the July 24, 1992 or November 16, 1992 accidents.

5. Miscellaneous

For the purpose of the Pre-Trial Conference, it is submitted that pre-judgmentinterest should not be an issue since the judgment state has not been reached.

any Fiat was written on the point. The issue was also argued in Knoblauch v, Biwer andSopatyk, (1993) 104 Sask. R. 31. Noble, J. allowed pre-judgment interest on the fullamount of the non-pecuniary damages, from the date of the accident. The issue was

argued again, in December, 1992, before Gunn, 1. in Hepworth v. Zerbin, Q.B. 3648 of1988, J.C. Regina; and the result was the same as in Knoblauch. However, the awarding

of pre-judgment interest is subject to an overriding discretion on the part of the trial

judge. In Lowe v. Marshall, (1990) 83 Sask. R. 173, Macl.eod, J. awarded pre-judgmentinterest only on past loss of income, although the plaintiff specifically asked for pre­

judgment interest on non-pecuniary damages.

II

•I trust this is the information required. If I can be of any further assistance, pleasecall.

The centre-line is striped with yellow lines in accordance with Department policy and islocated on the centre of the asphalt mat.

Location Northbound lane Southbound lane Subgrade Width8.0 km north of 3.8 metres 3.8 metres 8.8 metresAccident siteAccident Site 3.7 3.7 8.88.0 km south-east of 3.7 3.7 8.4Accident Site

Actual measurements taken are as follows:

This highway is classed as a secondary highway with a TMS(thin membrane surface).These types of highways are not designed with shoulders. The subgrade width designwould have been 8.5 metres with a 7.3 metre asphalt surface. This in effect leavesapproximately 0.6 metres outside the edge of the surfaced driving lanes.

This is in reply to your letter dated April 7, 1995, requesting information on widths ofHighway 45.

Re: MVA File S717895-O AUTOT

Dear Ms. Bailey:

Ms. Jennifer BailleySGI623 2nd Avenue North,Saskatoon, Saskatchewan.S7K OH3

File: CS 45-3

(306) 933-5228Fax '(306)933-7988May 1,1995

3130 8th Street East,Saskatoon, SaskatchewanS7K2H6

SaskatchewanSaskatchewanHighways andTransportation

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