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Freedom To Offend's avatar

Let me also say something about the reality of this process. I am not a lawyer. I am one individual facing four experienced labour lawyers — two from OPSEU and two from Humber. Two days before the hearing they submitted roughly 800 pages of material across five or six separate filings. That is the environment I am dealing with. I have never brought a DFR before. I have no legal training. Yet I have done my best to respond carefully and thoroughly. They asked for particulars — I provided them. My submissions are organized, detailed, and responsive to what was requested. But much of what I am dealing with involves pleading a negative: asserting that certain actions were not taken. By definition, you cannot “prove” a negative in the way they suggest; if the union claims it acted, then it is up to them to show evidence that it did. That is basic logic.

So yes, there is a massive imbalance here: one person without counsel facing multiple institutional lawyers who are filing hundreds of pages at the last minute while trying to derail the hearing. And into that situation you arrive anonymously, claiming to know what happened and accusing me of non-compliance. I have no idea who you are, and you have not even had the courage to attach your name to your comments. If you believe you understand this case so well, then identify yourself and explain your evidence. Otherwise it simply looks like an anonymous stranger jumping in, making confident claims about matters he clearly does not understand.

David Newman's avatar

This is so frightening. I hope it is dealt with appropriately as he moves forward. More people need to read and understand what this means.

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