The plaintiff is awaiting Justice D.B. Nixon's decisions on her application to amend her statement of claims against the defendants, lawyers Megan McMahon and Taryn Burnett and their law firm Gowlings, and their application for striking. Justice Nixon declined to recuse himself as case management judge. These applications were eventually heard on February 21, and are described in this earlier blog post.
As reported throughout this blog, the plaintiff's case against lawyers Megan McMahon, Taryn Burnett, and their law firm Gowlings concerns their extreme malicious and predatory acts toward the self-represented plaintiff in the underlying medical malpractice case.
In that underlying case, the plaintiff sought justice and continues to do so for injuries she suffered at the hands of Dr. Peter Whidden, which caused her to undergo multiple corrective surgeries. McMahon and Burnett went outside their capacity as opposing defence lawyers to repeatedly and maliciously personally attack the self-represented plaintiff and intentionally inflict emotional, physical and financial harm upon her.
The allegations against McMahon and Burnett also include their deceiving the court with a $150,000 fraudulently prepared bill of costs, which claimed costs for hearing dates that do not exist, among many other costs fabrications, constituting fraud upon the court and the plaintiff. McMahon and Burnett also face more recent allegations of conspiracy to defame, in addition to unlawfully obtaining the plaintiff's credit report in 2013, which later came to light in 2015, in blatant violation of privacy and as a means of assessing the plaintiff's financial assets as part of McMahon and Burnett's fraudulent scheme.
Some of the more recent allegations against the lawyers, and further particulars of the existing claims against them, are contained in the affidavit of the plaintiff sworn and filed with the court on February 21, 2017. This affidavit was brought before Justice D.B. Nixon at the February 21, 2017 hearing. The plaintiff was unable to file it earlier by the February 3 filing period due to circumstances indicated in this earlier post.
Click here to read the affidavit of the plaintiff sworn and filed February 21, 2017 with further proposed statement of claim amendments (some personal information has been redacted).
In the interests of fairness to the plaintiff and the public's need to have confidence in the administration of justice, the plaintiff filed a Notice of Appeal for Justice Nixon's refusal to recuse himself on the primary conflict of interest ground that his personal lawyer Perry Mack appears before him as lawyer for the defendants McMahon, Burnett and Gowlings in this case.
Click here to read the Notice of Appeal filed March 9, 2017.
In the matter of Gowlings' privacy breach in obtaining the plaintiff's credit report without her consent, earlier reported in this post and this post, the plaintiff is preparing her multi-part formal complaint against Gowlings for submission to the Office of the Information and Privacy Commissioner (OIPC). In February 2017, Gowlings eventually produced some credit and financial personal information to the plaintiff, further to the December 12, 2016 decision of the Privacy Commissioner requiring Gowlings to respond to the plaintiff's access request for this information.
