"Why the defense brought a summary judgement against me, my response with my affidavit including evidences already presented!"
This blog contains my response from the Summary Judgement with my affidavit that was presented in my case. I will provided as much evidence as possible including link to my blog that was presented from the beginning of my case, judges decision at the beginning that allowed me to go for discovery and pre trial, and why the defense change tactic after my second appearance that lead to the Summary Judgement.
It is my belief that these doctors robbed me of any chance to have any real intimate relationship. I am afraid to passionately kiss anyone because of the strong chemical taste in my mouth. It burns, because of cuts, bruises, numbness, which leaves blisters in my mouth and peels. I fear that it can be transmitted to another human been through my saliva. It even burns the inside of my nose when the aura gets powerful, it becomes itchy, sensitive, which numbs my whole face and causes swelling.
I would not be able to forgive myself knowing that it can be possible. I was told this poison would leave my system in 3 months. Ten years later it's still present in my system and in my case even recent tests I took still shows an elevated amount of toxins in my system. which are provided in this blog. I have more tests done, which were not presented because I thought 2 positive results for elevated amount of Botulism toxin and high level of toxins should of been enough to move my case to trial.
Maybe there is a way since forensic has come such a long way that nothing stay hidden for long anymore. My theory about my saliva that it can be transferable has not been proven yet. I am hoping to find a professional in toxicology to help me figure that out. All I can do is articulate what is happening to me. This is one of the major impacts that this Botulism toxin has caused. Imagine not being able to be intimate because of fear of infecting another loving person. This has been my life for the last ten years. It force me to live like a monk out of fear.
They (doctors) where in a position to diagnose me properly but refused to do so and instead they have attempted to cover up their mistakes and changed my diagnosis, which in turn has changed my life in a way i could of never imagined. Dr. Greenspoon and Dr. Chudnow could of ordered a antidote from the CDC to minimize my symptoms, and instead discarded me without a second thought, claiming the poison would be out of my system in 3 months. I thought doctors where trained to detect or at least notice the sign of poisoning? Not from my experience, I can scream it out loud, takes multiple tests that shows I am telling the truth. Since when do you have to be a expert to be able to say "yes you have been poison". This is a heavy cost to pay for trusting incompetent, dishonest doctors with no sets of morals or ethics. And they wanted to be rewarded for their bad behavior and try to shut me up!
In my first and second court appearances, I was able to demonstrate and prove that I possessed enough evidence. The judge stated to the defense that there was sufficient evidence, and granted cross examinations and pre-trial.
First appearance link to judge endorsement,
"Defense wanted to dismiss my case in it's entirety, Judge gave me 7 weeks!"I am my own counsel!"
http://liselatulippe.blogspot.com/2015/03/defense-wanted-to-dismiss-my-case-in.html
Second appearance link to judge endorsements I was granted the go ahead for cross examination and pre trial,
"Defense lost their motion on rules 48.14(7) judge grant my case the go ahead!" I am my own counsel"
http://liselatulippe.blogspot.ca/2015/05/defense-lost-their-motion-on-rules.html
Evidence presented in those case can be found in these links, with photos, 2 different sheets with same date different diagnoses x2 . evidence not in my previous blogs will be included in this one.
How they (doctors) flaunt the rule
"Rules and regulation from Botox medication guide that was totally ignored by my former pain management doctors!"
http://liselatulippe.blogspot.ca/2016/05/rules-and-regulation-from-botox.html
Doctors stated that i did not inform proper authority when my reactions started,
"Response from Health Canada, Vigilance program! Amount of Botox allowed at the time of my injection and what I was giving!"
http://liselatulippe.blogspot.com/2014/05/information-that-went-missing-or-not.html
Photos I took during my reactions,
"Devastating effect of Botox injection! Update: photos added of before I started severely reacting to Botulism toxin and after! Went from 122 pound to 80 pounds!"
http://liselatulippe.blogspot.com/2014/05/living-with-botulism-toxin-new-document.html
How they tampered with my files.
"How doctors manipulated and try to change my DNA (diagnoses) by tampering with my files!“
http://liselatulippe.blogspot.com/2015/03/proof-of-my-medical-files-being.html
On my second appearance the lawyer for the defense Dr. Greenspoon claimed he only did one Botox treatment on me in a letter dated April 1, 2010. I was able to provide receipts from two different pharmacies that show Dr. Greenspoon was my sole provider for Botox injection from June 22, 2004 to November 2005. His name was removed from my medication sheets and the first Botox treatment was done without a sheet from the clinic records. Dr Chudnow's name appeared in 2005 where his name should be in my files and were listed on the wrong dates. I was also capable of demonstrating that I had made numerous attempts to access and retrieve my files and was frustrated at every turn by these doctors, evidence included. It took the pain clinic 18 months and numerous requests before my records were release and I was advised on April 1, 2010 that the clinic was closing on the 30 April 2010 and needed to get my files. When I receive that letter on the 3 April, 2010 I call the clinic and told them I would be sending someone to pick up my files and pay the costs, Dr. Shams ended up with my files after explicitly telling them (clinic) that he was no longer my doctor and that I would make arrangements to have my files picked up.
I was able to demonstrate that Dr. Shams took it upon himself to interfere without my consent and illegally access my files months after I left his care by using an old form that I sign in January 2010 that was provide in the binder I submitted to the court I was also able to provide a note from Dr Jacobson that shows that he was my physician in March and April of 2010, my files where requested and received by Dr Shams on the 15 April 2010. He called me delusional (documents attached). I also provided a tape recorder of the calls I was receiving from Dr Shams in April 2010 which is harassment. (She did not listen to them) His office call my home 22 times in the month of April alone. If Dr. Shams did no wrong by accessing my files then why did he need legal advice while in possession of my files A letter provided from the CMPA dated April 26, 2004. instructing Dr Shams to respond to the clinic claiming "he did not review my files" with a cover letter upon returning my files on the 27 April, 2010. On that same day the clinic confirm receiving my medicals files also provided. I wanted to cross examine him on that fact. There is so much more to be reveal but the defense did their best to over "parley" me with their expertise in law and civil procedure
I would assume that the Defense lawyer panicked and asked me for indulgence for more time in preparing their response to my claim after the second appearance then advised me they where going a different route. Many months later "Voila" They brought a summary judgement against me. That tells me they were and still are afraid of a trial. Lately they've expected me to sign an agreement to waive my rights and not go for an Appeal. I responded with my own "Waiver Fee" granted by the court due to my financial state.
Right now I have no way of getting an appeal in since the person that was helping me with preparing my paper and accompanied me to court and appointments can no longer assist me due to health problems and assisting her mom with her case. Without a lawyer and no help to travel due to my condition I can only present what I have accomplished up to now. The defense told me they would give me some time to go to the right court of appeal since I was misguide to enter my claim in the Divisional Court instead of the Court of Appeal. Attach
Something is very wrong with our justice system and needs to be fix. In my case I should of been able to make a complaint to the police, instead the law is set up that the victims has the burden of "Proof" OK fair enough and even with concrete proof you still need an expert talk about almost asking the impossible. Especially knowing doctors rarely go against one another. This needs to change, it is too big of a burden to have to defend myseft in my condition. They want to fix the system fix the problem that was created by narrow minded individuals. It is a sick system when strong evidences still does not bring a resolution or a solution which I can demonstrate with my case.
This is a deliberate act on the doctors parts and gross negligence, they knew and stood by and did nothing even when they where a antidote they could of used and accessed through the CDC but chose not to. Instead they kicked me out of the clinic. I was a liability at that point and still am. All this was mentioned on every occasion and much more, There is so much more evidence and discrepancy in my files that warrants an explanation. Ex: Why are none of my symptoms or severe reactions that started in August 2008 was not documented anywhere in my files at the clinic, There are so many unanswered questions. Furthermore the judge was well aware that I was on a disability pension, she still slapped a $25,000.00 order for me to pay to my abusers. Due to my low income on January 23 2018 I was granted a "Waivers Fee" by the court register,clerk or sheriff for the Supreme Court, Divisional Court and the Court of Appeal to protect myself and my family. It's like none of my evidence was even considered as part in her decision and order.
Latulippe v. Greenspoon, 2017onsc6579 - Hughes Amys LLP
https://www.google.ca/url?sa=t&rct=j&q=&esrc=s&source=web&cd=24&cad=rja&uact=8&ved=0ahUKEwjIi7Ph59fZAhURSK0KHX2IALQ4FBAWCDgwAw&url=http%3A%2F%2Fwww.hughesamys.com%2Fdocs%2Fdefault-source%2Fblawg-documents%2Flatulippe-v-greenspoon-2017onsc6579.pdf%3Fsfvrsn%3D0&usg=AOvVaw3mMUH98Ps-GnI996nuBw__
There are always three side to every story, their side, my side and then there the facts that are memorializes
Factum of the respondent
Affidavit and Cost,
Evidences presented from the beginning of my proceeding to the Summary Judgement,
Have a great day 🙂
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