Filings & Court Documents
We are sharing our court filings to allow our contributors and all interested parties to understand what was put before the court. It appears to us that the decisions of the court do not necessarily reflect what was presented. Glaring omissions of relevant argument need to be exposed. We believe that in order to determine whether the court has made a just and correct decision, we must make the court filings available for public assessment.
Document 1 - Kaluzny vs. Grimsby Transcript
Almost a decade ago, the Kaluzny's tried to present their land patent in court to find out how his "granted rights for the sole and only use of his property forever" were no longer being respected. Although the court did not answer the question, the Judge did offer the position that if Tony really wanted an answer, he would have to attend Superior Court and present a Constitutional Challenge, putting the AG's of both the province and the dominion on notice. That is exactly why we have proceeded down the path we have taken!
Document 2 - Upper Canada Notice of Application
This Notice of Application for Leave to Appeal was filed shortly after our Superior Court of Appeals decision was published. This is a procedural document notifying all parties of our intention.
Document 3 - Upper Canada Argument Revised v10A
This is our argument. Please read it carefully and note that we referenced many current provincial statutes, sections of our Constitution and Imperial law that holds that "the Crown is bound by its grants", but this was not addressed by the court in its decision.
Document 4 - File No.40865 Niagara Response
In response to our filing for leave to appeal, the Region of Niagara filed this letter with the court....they feel an original alienation of land, patented and sealed with a term of "forever" is no more significant than any usual conveyance of land! What does that say about the Honour of the Crown?
Document 5 - Upper Canada vs. Niagara Applicants Reply
We clearly disagree with the Region of Niagara on each point they've made in their response.
Frequently asked questions
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Is all land in Canada patented?
Is the land reserved for First Nations and described as Indian Reserve land patented?
Is Crown land patented?
If the Charter had addressed Property rights, would our patents be invalid?
In the beginning, our challenge was to understand the establishment of real property rights. That has been accomplished. We have learned that the rights to land and its incidents were established through patented grants of land. We have learned that the rights so granted via sealed Letters Patent ran with the land, regardless of who owned all or any portion of the original grant. And we learned that obligations of land granted in fee simple were also established through these Letters Patent as issued with the original alienation from the Crown. So, we came to understand that there were limitations to our granted rights. The rights granted could only be given up to others by the owner of the land. Once given up, they may never be returned to the owner, but that was to be an informed choice made by the landowner. However, knowing our rights brought on new challenges. How can the rights of the landowner be ignored in our courts? How can any level of government ignore the prerogative of the Sovereign? Our municipal governments, our provincial governments, our federal government and our courts have sworn oaths to uphold the Constitution and defend the honour of the Sovereign, but are they really doing that? The difficulty for the governing bodies and the courts is that they have strayed so far from the intent of the patented land grants that they may not see an easy road back. They must decide whether they will abide by the Constitution and uphold the laws that support our rights of ownership. We are presenting the facts. So far, those facts are not being acknowledged. That is our challenge!
Facts & Frustrations
Facts and Frustrations The facts that have gotten us to this point. 1. We have studied extensively land granting, statute, case law, and Constitutional experts. 2. We have sought out, worked with and retained excellent members of the legal community. 3. We have spent tens upon tens of thousands of dollars preparing a case to put before the courts. 4. And we have followed the instruction of the court in asking a Constitutional question. The frustrations have been clear and simple. The courts have not addressed the issues raised and the Attorney’s General for both the province and the dominion, although put on notice, have failed to become involved. Our questions remain unanswered! These are just a few of the questions that must be addressed. Is anyone defending the Honour of our Sovereign? Why are we having to prove the existence, validity and intent of our Letters Patent? Are Imperial matters of record, aka Imperial Letters Patent, granting land and expressing the will of the Sovereign to be upheld as intended? Are the many provincial statutes that support our position to be respected? Our frustration is that no one will answer our questions.
Contribute to support our cause. We believe we are at a critical point in determining how landowner rights will be respected in the future. We will share our research, court documents and knowledge with all who desire to learn. We only ask that if your situation permits, you support our initiative financially so that we can finish what we have started.
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