Record & Affidavit of Rt Hon Major Keyvan Nourhaghighi

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MOTION before the Federal Court related to all documents of
Bill of Costs as award of the Federal Court of Canada to the Right Honorable Major Keyvan Nourhaghighi who won a case against three Crown lawyer
File T-1020-07

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Record & Affidavit of Rt Hon Major Keyvan Nourhaghighi

  1. 1. File No. T-1020-07 FEDERAL COURT BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF CANADA Responding Party (Applicant) -and- KEYVAN NOURHAGHIGHI Moving Party (Respondent) MOTION RECORD Dated February 5, 2008 Moving Party His Own Attorney: Major Keyvan Nourhaghighi 608-456 College Street, Toronto, ON, M6G 4A3 Responding Party: The Assessment Officer Federal Court, 180 Queen Street West, Toronto, ON Responding Party: Amy Porteous, Deputy Attorney General of Canada 3400-130 King Street West, Toronto, ON AND TO THE REGISTRAR, Federal Court, Toronto Office
  2. 2. TABLE OF CONTENT No. Description Date Page 1. Notice of Motion February 1, 2008 1 2. Affidavit of Major Keyvan Nourhaghighi February 5, 2008 2 Exhibit “A” contains the following documents: A-1 indicates on January 16, 2008, while I had $16,415.64 in account, 4 but available Balance CAD is $0.00 A-2 indicates on January 18, 2008, while I had $16,415.64 in account; 4 the Scotiabank did not paid “Scotiabank’s Cheque 176” A-3 indicates on January 18, 2008, the Forged Total Deposit of $42,354.30 4 The Forgery in Total Deposit committed by the following fraud “ABM deposit & correction” and crime of not paying Cheque 176 in Exhibit A-2 A-4 indicates $6400 funds transferred from MBNA Canada Master Card was 4 unlawfully withdrew A-5 Forgery of Signature by the Crown’s agent for withdrawing funds from 5 Master Card, to cause mental anguish and stress on “February 2008” A-6 Black Letter of Extreme Fitness demanding money upon forged contract; 6 A-7 Style of Cause in T-1535-00 shows SIRC heard the party’s wrongdoings 7 In 2005 As Exhibit # 1 in SIRC HEARING v. CSIS & Crown A-8 Forged Emails in name of British Officials to suspended 8 “U.K. Act 1982 to involve RCMP & CSIS A-9 False Notices by Ebay Canada after the Crown’s trespass 8 3. Major Nourhaghighi’ Submissions February 5, 2008 9 File No. T-1020-07 FEDERAL COURT BETWEEN:
  3. 3. HER MAJESTY THE QUEEN IN RIGHT OF CANADA Responding Party (Applicant) -and- KEYVAN NOURHAGHIGHI Moving Party (Respondent) AFFIDAVIT OF MAJOR KEYVAN NOURHAGHIGHI I, Major Keyvan Nourhaghighi, the resident of 608-456 College Street, Toronto, Ontario, SWEAR THAT: 1. I am pro se as such have a personal knowledge of facts deposed to. 2. On November 6, 2007, Honourable Mr. Justice O’ Keefe dismissed the application and ordered costs to be assessed as against the Crown. On December 3, 2007, I personally served and filed Bill of Costs and my Affidavit with the Toronto Office who is accused of discriminatory practices against me before the Canadian Human Rights Commission re T-1535-00. Therefore the Assessment Officer’s discrimination ended that yet did not issue the Notice of Appointment for Assessment contrary to the O’Keefe Order and the Federal Courts Rules. I provided this affidavit as support of my motion requiring the Assessment Officer to comply with the said Order and the Rules; also for the environmental issue I did not disclose the said documents that I filed. 3. In my affidavit dated December 3, 2007, at paragraphs 8, 9 and 10, I informed the Court that Michael SWITZER, clerk of Toronto Office, upon discriminatory practices on June 11, 2007 against me obstructed the process of my Motion to Strike the Notice of Application to support the Crown. Exhibit “C” to the said affidavit shows sample of ample forgery committed by in the style of cause of orders and transcript by the Courts. Further, lawyers on the record obtained the Consent of Attorney General William C. McDowell on January 26, 2006, but the Application was filed on June 5, 2007. The said Consent misled Eleven Judges of the Ontario Superior Court of Justice in file SM31-06. I honestly believe that lawyers of the department of Justice, Toronto, who conspired with CSIS and the banks (“parties”) are acting in such away to interfere with orderly assessment process, by not allowing the Notice of Appointment for Assessment be issued contrary to Rule 406 of the Federal Courts Rules. I am seeking an Order to obligate the Assessment Officer to perform his duty honestly and with impartiality, with no further delay. 2 4. Since November 6, 2007, that O’Keefe J dismissed the application, the said parties retaliated against me by countless wrongs that raised a very heavy potential liability, repeating
  4. 4. a similar pattern of wrongs that pleaded in my actions and applications against them, such as files T-668-95, T-1535-00, T-678-03, and T-762-04 inter alia they by forgery signed me as a member of Extreme Fitness, issued forged membership and upon fraudulent contract have tried to defraud me and harassed me by a fraudulent claim which is serious torts and crime under the Criminal Code of Canada; and by intercepting my banking communications manipulation all my accounts and have created numerous forged transactions to be able to involve CSIS and banks to investigate under “irregular activities” [a term used by the Manager Renee Omlas of Bank of Nova Scotia] where the similar forged transactions ended to a sharp slap at their faces by two Judgments against Bank of Nova Scotia and CIBC in 1994 and 1995 in the Ontario Courts; five days expensive hearings by SIRC against CSIS. They even forged emails in the name of British Officials, involving the Foreign Minister and British Consulate General in Toronto in a scandal. EXHIBIT “A” contains documents as samples of Ninety Days continuous harassments and nuisances by the Crown through telephone and Internet interception: A-1 indicates on January 16, 2008, while I had $16,415.64 in my account, but available Balance CAD is $0.00 A-2 indicates on January 18, 2008, while I had $16,415.64 in my account; the Scotiabank did not paid “Scotiabank’s Cheque 176” A-3 indicates on January 18, 2008, the Forged Total Deposit of $42,354.30 The Forgery in Total Deposit committed by the following fraud “ABM deposit & correction” and crime of not paying Cheque 176 in Exhibit A-2 A-4 indicates $6400 funds transferred from my MBNA Canada Master Card was unlawfully withdrew from my bank account, and by breach of contract of account was closed with MBNA Canada. The note of “ABM Deposit” is fraudulent and the correct Code must read “Third party Credit” or “Wire Transfer” or “Transfer Credit A-5 Forgery of my signature by the Crown’s agent for withdrawing funds from my Master Card, to cause mental anguish and stress on “February 2008” that the Crown had plan to set a date for hearing of application T-1020-07. Toronto Police refused to lay forger and fraud charges, due to improper influence of the Crown; A-6 Black Letter of Extreme Fitness demanding money upon forged contract; A-7 Style of Cause in T-1535-00 shows SIRC heard the party’s wrongdoings in 2005 A-8 Forged Emails in name of British Officials to suspended “U.K. Act 1982 to involve CSIS A-9 False Notices by Ebay Canada after the Crown’s trespass in December 29, 2007. SWORN before me at the ) City of Toronto, Ontario ) MAJOR KEYVAN NOURHAGHIGHI On this February 5, 2008 ) File No. T-1020-07 FEDERAL COURT BETWEEN:
  5. 5. HER MAJESTY THE QUEEN IN RIGHT OF CANADA Responding Party (Applicant) -and- KEYVAN NOURHAGHIGHI Moving Party (Respondent) MOVING PARTY’S SUBMISSIONS 1. On November 6, 2007, the Court awarded costs to the Respondent, herein the Moving Party Major Keyvan Nourhaghighi (“Major”) and ordered to be assessed. On December 3, 2007, Major served and filed the Bill of Costs and his affidavit. However, the Assessment Officer’s discriminations ended that yet the Notice of Appointment for Assessment not be issued contrary to Justice O’Keefe’s Order and Rule 406 of the Federal Courts Rules. COURT INDEX & DOCKET Document #13 & 15: Order of Justice O’Keefe Document #14: REQUESTING A COSTS ASSESSMENT AN AFFIDAVIT IS ATTACHED TO THE BILL OF COSTS MOTION RECORD Major Keyvan Nourhaghighi Affidavit dated February 5, 2008 2. Major has filed an affidavit indicating that he honestly believes that that the Crown has retaliated against him by trespassing his banks’ accounts based on Major’s nationality and religion and targeted him with malice by creating ample forged records to attack to his credibility and acted in such away to interfere with orderly assessment process. MOTION RECORD Major Keyvan Nourhaghighi Affidavit dated February 5, 2008 Exhibits A1 to A-9 THE RULE OF LAW 3. Section 15 of the Canadian Charter of Rights and Freedom (“Charter”) instructed that: “Every individual is equal before and under the law and has the right of equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability. ANDREWS v. LAW SOCEITY Of B.C. [1989] 1S.C.R. 143 (S.C.C.) 2 However, the discriminatory practice of the Assessment Officer has deprived Major’s rights, where assessed and allowed the costs for other self counsel litigants, but not for him. Stevens v. Canada (Attorney General) 2007 FC 847 Date: August 22, 2007 Assessment Officer Charles E. Stinson: The bill of costs of the Stevens Applicant, presented at $6,175.19, is assessed and allowed
  6. 6. at the $188.15 claimed for disbursements. The bill of costs of the McCallum Applicant, presented at $7,394.02, is assessed and allowed at the $409.14 claimed for disbursements. L'Hirondelle v. Canada 2001 FCT 1323 Date: November 30, 2001 JUSTICE HUGESSEN: The plaintiff shall pay to the Crown the costs of this motion which are hereby assessed and fixed in the amount of $2,000 forthwith and in any event of the cause. 4. Further, the liabilities of the Solicitors Roger Flaim, Amy Porteous, Karen Lovell were covered up where their professional misconduct in misleading Even Judges never considered. MOTION RECORD Major Keyvan Nourhaghighi Affidavit dated February 5, 2008 Maison des Pâtes Pasta Bella Inc. v. Olivieri Foods Ltd. Date: February 12, 1999 JUSTICE MULDOON J: [6] It is useful to note at the outset that costs awarded on a solicitor and client scale, as opposed to a party and party scale, are intended to provide complete indemnity to the successful party; In Apotex Inc. v. Egis Pharmaceuticals et al. (1991), 4 O.R. (3d) 321 (Ont. Ct. Gen. Div.), Henry J. succinctly articulated the principle behind the solicitor and client scale at page 325, in an effort to clarify the quot;woolly thinkingquot; characterizing this area of the law: The general principle that guides the court in fixing costs as between parties on the solicitor and client scale, as provided in my order, is that the solicitor and client scale is intended to be complete indemnification for all costs (fees and disbursements) reasonably incurred in the course of prosecuting or defending the action or proceeding, but is not, in the absence of a special order, to include the costs of extra services judged not to be reasonably necessary. Thus, the unsuccessful party must pay the costs which the successful party would have to pay his or her lawyer, with the caveat that the costs awarded must be those reasonably incurred. ORDER REQUESTED 5. Major is seeking an Order that obligates the Assessment Officer to perform his duty with honestly and impartiality with no further delay issues the Notice of Appointment for Assessment. Major asking $2500.00 costs to be paid forthwith to him in any event of the cause pursuant to Rules 400(1)(2)(3)(c)(d)(i) (j)(k-i,ii)(6)(c), 401, and 404 of the Federal Courts Rules. ALL OF WHICH RESPECTFULLY SUBMITTED FEBRUARY 5, 2008 MAJOR KEYVAN NOURHAGHIGHI DRAFTS 1990, I am assisting the judiciary by actions and applications that the Crown is the main cause of felonies. However the judiciary never has convicted and condemned the Crown. As the result, many other nations and international organizations have convicted and condemned “Canada” for felonies as serious as spying and torture, like China, Iran and Human Rights agencies; yet the new types of felonies indicating that the Crown’s lawlessness and barbaric aggressions inter alia
  7. 7. a) Sudden nuisances and unlawful charges in my President Choose chequing account who is a partner with Canadian Imperial Bank of Commerce; re T-1535-00 b) Sudden nuisances and unlawful charges in my President Choose Master Card c) Sudden nuisances and unlawful charges in my Ebay Canada in my account and emails; d) Sudden nuisances and forged emails in the name of “British Official” encouraging me to act against the Canadian Judiciary that “British Parliament suspend U.K Act 1985! e) Sudden nuisances by MBNA Canada and unlawful withdraw of $6400 from my account; f) Sudden continuous mistakes and unlawful charges in my account and Internet banking; with Bank of Nova Scotia in such that while I had cash in my accounts, my cheques were not paid, my account was ceased to “Zero” amount make it impossible possible for me to have access to my funds as little as $20 contrary to the Bank Act; 2. The environmental issue is one the main public concerns for Canadian. However the Justice System in Canada has shown no regard whatsoever to consider this global interest. “Filing Ample Records” is one of the most visible environmental violations where all lawyers are fully aware that Judges have very limited time to review the records and hear their submissions. I am witnessing that the parties attending at the Courts by several very heavy boxes of records that could cause permanent physical injuries for the registries’ staffs and even Judges for lifting continuously these heavy records. Therefore, I did not attach unnecessary documents to this affidavit where those documents are on the court file and docket. I also tried to reduced the number of pages to make my Motion Record as light as possible with minimum waste of papers. 3. I have evidence to prove beyond a reasonable doubt that the “Filing Ample Records” by lawyers have been fraudulently designed for two main purpose: a: To Mislead & Obstruct the Justice by filing huge records, that either not related to the issue, or there is no jurisdiction to look at them. For example, in 1995 & 1996 the staff of the Federal Court in Toronto, abused office by asking me to file five to six copies of each documents. Then they unlawfully forwarded the extra copies to the defendants in my actions at Ontario Court, in particular to their lawyer “Borden & Elliot” who have fraudulently disclosed as part of “Ontario Courts’ Records” and obtained Wilkins Order with fraud under a section similar to s.40 of the Federal Court Act. b: To defraud the clients and the Government. In this type of fraud the lawyers defrauding the clients with huge legal costs for “Filing Ample Records”, in which either it was not necessary to a contest proceeding or commence it, or in any event their action were extremely unwarranted. For example, in my application for leave 04-CV-273627CM before Ontario Superior Court of Justice, the lawyers for the respondents, Deacon, Sears, Fedson & Montizambert have filed over thirteen thousand pages of records and Cross-Examinations of Affidavits to contest an application for leave which costs over $100,000 for parties. However for a similar process that I filed with the Federal Court in file number T-768-03 before Tremblay-Lamer J or in the Supreme Court of Canada, other lawyers filed no reply; as the burden was upon me in leave process. Further, the most recent example of the “Crown’s Lawyers Frauds “ against the Government, the taxpayer, and judiciary resources is the present file, T-1020-07. Over fourteen thousand pages of the papers and extoner cartridges were in this application have no legal basis whatsoever. RIGHT TO LEAVE THE GAME Is one the Iranian Scientology principles.
  8. 8. Introduction to Scientology The word Scientology literally means quot;the study of truth.quot; It comes from the Latin word quot;scioquot; meaning quot;knowing in the fullest sense of the wordquot; and the Greek word quot;logosquot; meaning quot;study of.quot; Scientology is the study and handling of the spirit in relationship to itself, others and all of life. The religion comprises a body of knowledge extending from certain fundamental truths. Prime among these: Man is an immortal, spiritual being. His experience extends well beyond a single lifetime. His capabilities are unlimited, even if not presently realized — and those capabilities can be realized. He is able to not only solve his own problems, accomplish his goals and gain lasting happiness, but also achieve new, higher states of awareness and ability. In Scientology no one is asked to accept anything as belief or on faith. That which is true for you is what you have observed to be true. An individual discovers for himself that Scientology works by personally applying its principles and observing or experiencing results. Through Scientology, people all over the world are achieving the long

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