Supreme Court of Canada – Memorandum of Argument

Kueber v. Royal Victoria Regional Health Centre

APPLICANT’S MEMORANDUM OF ARGUMENT
PART I – OVERVIEW
STATEMENT OF FACTS AND MATTERS OF PUBLIC IMPORTANCE
1. The applicant, Ms. Kueber, is self-represented, the plaintiff and appellant in the
courts below where she faced 4 law firms in a complex medical negligence, with
evidence of lack of consent and fraud.
2. Ms. Kueber did put forth a coherent case in the courts below. There was a large
amount of evidence, and multiple facta, and briefs, were filed. There were also oral
submissions, yet, the Self-represented Applicant submits, she was not heard, her evidence, and arguments were given no consideration, in either courts.
3. In the Superior Court of Justice, H.K. O’Connell declared Ms. Kueber’s evidence,
the evidence of the responding and moving Plaintiff, was moot, almost year after the 5th
day of summary judgment finding the Defendants, all met their burdens as moving parties on their respective summary motions, and, the partial cross-motion…

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The Case – Very Briefly

Kueber v. Royal Victoria Regional Health Centre

I was injured and left severely disabled by the actions of some of the defendants, caused by their malpractice or negligence, lack of consent, and fraud.

There were 14 defendants who advanced 4 motions in Superior Court for full or partial summary judgment.  I’ve been trying to release some of the defendants, since 2014.

The groups of defendants are jointly and severally liable, with cross-claims.  I advanced a cross-motion but did not appeal that decision.  Fresh Statement of Claim

In Superior Court, long after commencement of my appeal, the defendants were awarded costs, $165,000 $135,000 and there was no Sanderson or Bullock order  Endorsement and cost submissions 

My Appeal was on 3 grounds, my Supplementary Appeal focused on the errors of law:

  1. The defendants failed to meet their individual Evidentiary Burdens on motion;
  2. Meaningful Review, the (further) reasons lacked any legal reasoning or consideration of the facta and briefs

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Don’t be surprised if you lose!

Kueber v. Royal Victoria Regional Health Centre

I am not a lawyer and nothing on this site should be construed as legal advice.

I warn you, and please take this to heart, despite the ruling from the Supreme Court of Canada, which you can find here: Pintea v. Johns, [2017] 1 SCR 470, 2017 SCC 23, which in 2017, confirmed the 2006 recommendations of the Canadian Judicial Council that you can find here:    Statement of Principles on Self-represented Litigants , despite that ruling in which essentially, the Supreme Court of Canada said, everyone, the whole gang of you need to start treating self-represented litigants, SRLs fairly, take heed and fair warning, no matter how good the advice is you’re given, no matter how many years you’ve studied the law, no matter how tall your mountains of evidence….. your legal arguments and your evidence, might not even be considered.

Not a lawyer, however, in my understanding the evidentiary…

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