20. On October 26, 2016, I attended the Transcript Management Service, Court of Queen's Bench, Calgary, and requested the transcripts of October 26, 2016 hearings in Susan Mulholland v. Anne Rensonnet, Biomea v. Anne Rensonnet et al., and Jan Uttl v. Cory Clifton, Kara Clifton and Anne Rensonnet actions. I requested 2 day service and paid the sufficient deposit to obtain the 2 day service. The Request for Transcripts is attached as Exhibit A
21. On October 27, 2016, I received an email from the TMS informing me that they “need a Court Order from Justice Horner giving you permission to have this transcript.” The email from the TMS is attached as Exhibit B
22. On October 28, 2016, I wrote to Honourable Justice Horner requesting the access to the transcripts. The letter is attached as Exhibit C
23. On October 31, 2016, Ms. Christopher, Case Management Counsel, acknowledged the receipt of my October 28, 2016, letter and informed me that “the Honourable Justice K.M. Horner is considering the letter, and will provide her direction shortly”. Her letter is attached as Exhibit D
24. On November 24, 2016, during the Biomea v. Rensonnet Ventures Inc. et al. hearing, Honourable005 Justice Horner acknowledged my previous letters to her but informed me that any direct communication to her from me would go directly to the shredder, without her ever reading it. She made that statement even though that during one of the previous hearings she chastised me for not writing to her directly when Ms. Christopher was not responding to my letters.
25. On December 5, 2016, I faxed a letter, attached as Exhibit E , to Ms. Christopher reminding her that “despite several rounds of correspondence and several reminders, I have not been able to obtain transcripts of the hearings before Honourable Justice Horner on October 26, 2016, in Mulholland v. Rensonnet, Uttl v. Clifton et al., and I asked again for the release of the transcript without any further delay.
26. On December 12, 2016, I faxed a letter to Catherine Christopher, attached as Exhibit F , reminding her that I received no answer to my December 5, 2016, letter, and that given that Honourable Justice Horner stated that anything send directly to her will be shredded, I asked her to bring the issue of the transcript to Honourable Justice Horner's attention. I requested again the release of the transcripts without any further delay.
27. Later on December 12, 2016, Ms. Christopher acknowledged that I requested the transcripts but did not in any way reply or address my request. Her letter is attached as Exhibit G . On December 14, 2016, I responded to Ms. Christopher December 12, 2016, letter, requesting the transcripts yet again. The letter is attached as Exhibit H .
29. On December 15, 2016, I responded to Mr. Boddy's new understanding (or misunderstanding) of what Justice Horner ordered on October 26, 2016 in Uttl v. Cory Clifton, Kara Clifton, and Anne Rensonnet Action and faxed my response to Ms. Christopher. I raised the issue of access to the transcripts again. This letter is attached as Exhibit I .
30. On December 19, 2016, Ms. Christopher acknowledged the letters requesting transcripts including my December 5, and December 12 letter. In her letter, attached as Exhibit J , Ms. Christopher stated “As the transcript is required for appeal purposes, the Honourable Justice K. M. Horner has directed that it be prepared and made available.”. However, she did not include any order for TMS to do so.
31. However, Ms. Christopher, apparently acting on her own, decided not to release transcripts of the Biomea v. Rensonnet et al., and Uttl v. Clifton et al. Actions, claiming on page 2, first paragraph, that “there is no reason for you to require the transcript from the November 24, 2016 application in this action”.
The following documents were filed with the Court:
Affidavit of Jan Uttl
Memorandum of Argument accompanied by Authorities
The Court of Appeal sent a letter, dated January 3, 2017, postmarked January 4, 2017, and received January 13, 2017:
Letter from Court of Appeal
The obvious course of action is now to correct the writer of the letter, as I am a party to the lawsuit under appeal, and also to seek direction from Judge of the Court of Appeal. It is incongruous to file Notice of Appeal just to be able to make an application to get the transcript from the lower Court, so one can decide whether to appeal or not.
The email sent to all Alberta Members of Legislative Assembly worked. While most members did not bother to reply, some did. More importantly, Minister of Justice got involved, suddenly I got all the transcripts I was missing, and I am getting every single transcript I order, on time, without any problems at all! Kudos to Minister of Justice!