Monday, October 11, 2004

The incompetent James Rugg.

I asked a friend to lend me $1000.00 to retain Mr Rugg to represent me in divorce proceedings. My medical condition prevented me from attending at Mr Rugg’s office. I was unable to walk that day. With no input from me, Mr Rugg prepared documents based on the false assumption that I have a mental illness. Mr Rugg told me that my medical condition was all in my head and that "there is no shame in admitting that you have a mental illness." I asked Mr Rugg if he was prepared to testify to his medical diagnosis in court. I asked Mr Rugg on two occasions to draw up a letter authorizing my doctors to disclose my medical records to him. Mr Rugg neglected to obtain any medical records.

Mr Rugg received documents that showed that my wife had withdrawn over $24,000.00 from our RRSP accounts. I spent over 2 hours reviewing the documents with Mr Rugg. It was agreed that Mr Rugg would obtain bank statements and CCRA income tax records of declared income. Mr Rugg called me 3 months later asking me for information regarding the $24,000.00. Mr Rugg claimed that he did not have any of this information. Mr Rugg did nothing for over 3 months. I talked to attorney Ben Mah and asked his advice. When I told him that I had Mr Rugg for an lawyer he said " O no, he is known for not doing the work". He went on to say that Audrey Brent is known for her unfair tactics and suggested it was not Mr Rugg who was responsible for my severely degenerated health but Audrey Brent.

Mr Rugg complained to me that he had never encountered a case where the opposing lawyer was refusing to disclose documents. Mr Rugg told me that he obtained advice from the law society mentor and was told by the mentor that Audrey Brent could not do this. Mr Rugg continued to complain to me saying that Audrey Brent had been disciplined by the law society in the past for using similar tactics and had been sanctioned by not being allowed to work on weekends. Mr Rugg told me that he had asked his colleagues about Audrey Brent’s tactics and they told him that they knew of this, and that she was disciplined, but she just continues. On more than one occasion I asked Mr Rugg to ask the court or the law society for their help. It was clear that Mr Rugg was unable to cope with the situation.

After Mr Rugg doing nothing for over 3 months he demonstrated to me how in anger he tossed aside a Joint Request for a pre-trial conference he received from Audrey Brent. Mr Rugg continued complaining that he could not prepare for a pre-trial without a disclosure of documents and discoveries. Mr Rugg then told me that he received a call from the registrar setting a date for a pre-trial conference against his objections as there had not been a disclosure of documents or discoveries conducted. Mr Rugg was blaming the registrar for setting the date for a pre-trial and continued to complain to me that he did not know how he was going to prepare a pre-trial brief without a disclosure of documents or discoveries being conducted.
I was upset that the $2,000.00 I borrowed to pay Mr Rugg’s fees was being spent on a pre-trial instead of being spent to obtain documents and discoveries. I told Mr Rugg that I did not believe him and that the registrar would not set a date against his wishes. Mr Rugg then claimed that it was normal procedure in the court for the registrar to set a date for pre-trial conference in this manner. I asked Mr Rugg to stop complaining to me that he was required to prepare a pre-trial brief directly from the filing of pleadings to a pre-trial conference as I could do nothing about it.

Mr Rugg told me that he had examined the court file and he found a certificate filed by Audrey Brent and that this was the reason the registrar set the date for the pre-trial. He told me that he had never heard of or had any knowledge of this certificate. I told Mr Rugg that the certificate is in the Rules of Court. He responded by laughing. I did not find Mr Rugg’s sick sense of humour funny. He did nothing for 3 months, tossed a joint request for a pre-trial conference, did nothing for a further 2 months and deliberately and knowingly lied to me. Mr Rugg blamed his incompetence on the court registrar and Audrey Brent. He is solely responsible for his own incompetence.

Mr Rugg received a document from Audrey Brent that authorized CCRA to send him income tax records of declared income and this document was sent to CCRA by Audrey Brent. After two months he had not received the CCRA tax records. I asked him to make some attempt at obtaining the CCRA tax records before the pre-trial. Mr Rugg refused, saying that the request had been sent to CCRA by Audrey Brent and he had to wait for a response from them. I told Mr Rugg that he could not be naive enough to believe that Audrey Brent had sent the request to CCRA or that it would take CCRA over two months to respond. Mr Rugg said "I cannot deal with this any longer" and hung up the phone on me. I contacted CCRA and was told it takes about 6 or 7 days to receive tax records from the time the request is received. I called and left a message with this information for Mr Rugg because he would not answer his phone. He called me back saying that he contacted CCRA and no request was received by them from Audrey Brent. He told me that Audrey Brent had lied to him and he was going to write a strongly worded letter to her. He received a letter in response that left no doubt that Audrey Brent never had any intention of disclosing the CCRA tax records required by the Rules to him. Mr Rugg was now blaming Audrey Brent and the employees of the Government of Canada for his naive incompetence.

My doctor wrote a letter for Mr Rugg saying "The pain and stress is increased due to the anxiety of the up-coming court proceedings. The court events before the treatments will seriously affect his health and must be delayed." I was waiting for Botox injections into my neck muscles as my head was severely tilted to the right because of muscle seizures. I took the letter to Mr Rugg. I was unable to sit in a chair and had to stand. Mr Rugg told me that there was no reason that I could not attend the pre-trial as I "only had a little numbness and your head is tilted." My head pain increased on hearing this and I bent over holding my head in pain so intense that I was close to passing out. I asked Mr Rugg "what part of seriously affect his health" do you not understand? Mr Rugg then lost control of himself and in a rage started cursing Audrey Brent calling her a f---- bitch for not disclosing the documents. This was the second time that Mr Rugg did that. When I arrived home I had a paralysis of the mouth on the right side. I was experiencing severe head and back pain and my lower back seized up leaving me in pain so intense that I was not only unable to walk, I was unable to move.

Audrey Brent played a $2,800.00 game of hide the documents with Mr Rugg for 10 months. Mr Rugg’s incompetence and his playing at being a doctor left me crippled and open to the scorn of the court. Audrey Brent and her tactics have forced me to live like an animal for over two years. She will continue to do this because disabled people do not have the money to proceed to trial or to hire a lawyer.

Mr Rugg continued to complain to me by saying that he was having trouble with the pre-trial brief and he did not know what to include in it. He filed the pre-trial brief without any input from me and did not let me read it before he filed it. I asked if he included information about the $24,000.00 removed from the RRSP funds. He knowingly lied to me when he told me that he did not include this information in the brief as he knew nothing about it. I asked him if he included information regarding tax documents disclosed that were cooked-up to hide the fact that my wife had defrauded revenue Canada out of thousands of dollars by declaring me as a dependant. Mr Rugg has filed a pre-trial brief that is void of the facts of the matter. He included in his brief medical information without my knowledge that is false, inaccurate and misleading. Mr Rugg is incompetent, this could be the result of a mental defect, he thinks he is a doctor.

I fired Mr Rugg. He is responsible along with Audrey Brent, Justice Hrabinsky and Justice Dovell for my being in a wheelchair.

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