MUST READ!

RHD-related issues ONLY please (NOT for general political ads!)
Domspun
Posts: 10
Joined: Thu May 20, 2010 5:07 am
Member's Photo Album: http://www.delica.ca/Photos/
Vehicle: Celicas

Re: MUST READ!

Post by Domspun »

I received the legal advice, very promising! I will work on the translation over the weekend. It's pretty long.
crushers
Posts: 236
Joined: Wed Mar 14, 2007 8:39 am
Member's Photo Album: http://www.delica.ca/Photos/
Vehicle: Subaru Sambar SC
Location: Owen Sound Ontario

Re: MUST READ!

Post by crushers »

8-) :-D 8-)
Domspun wrote:I received the legal advice, very promising! I will work on the translation over the weekend. It's pretty long.
http://www.luxuryimports.ca JDM imports
http://www.crushersrule.com restorations and trip reports
http://www.luxuryimports.ca/faq/importinfo.php import your own Cruiser
http://www.ivoac.ca separating the rumours from the truth. join today
Domspun
Posts: 10
Joined: Thu May 20, 2010 5:07 am
Member's Photo Album: http://www.delica.ca/Photos/
Vehicle: Celicas

Re: MUST READ!

Post by Domspun »

Since everybody who tried to translate the legal advice failed, I did a short version. I will have to hire a professional translator if I want the documents translated in a reasonable delay. If anybody know a professional translator, send me a e-mail!

So here it is:


I.: This advice is concerning the use of Article 633.1 of the HSC for banning RHD cars and how it can be nullified.

II.: Governing law.

- A ministerial order have to be based on a law because a minister have no predefined legislative power.

- Ultra Vires doctrine
The minister exceeded the jurisdiction by overseeing the governing law. (hope I got that right!). The text in the box, is an example(precedent) of a case where this doctrine has been used. It was a clear case of power abuse from the municipality.

- Control of legality by judicial courts

Right of action in nullity by Articles 2,33,46 of the Code of Civil procedure. Link: http://www2.publicationsduquebec.gouv.q ... C25_A.html

Ministerial orders are not immune from judicial control. The text in the box is a case of the St/Mary's Indian Band against the Canada and it says that ministerial oders, if are exceeding their jurisdiction, are declared ultra vires.

- Jurisdiction forum: Superior Court

The Superior Court of Quebec have the power to proceed with an action in nullity.

Lot's of examples for delay, party's interest and burden of proof.

III. Application to our case

- In our dispute, we will need to prove that the security factor is not there and demonstrate that the decision of the ministerial order is motivated by other means.

- Minister of transport power discretion (!? is that right?)

Since the article 633.1 does not have any terms to qualify the risk factor, how can a decision be made on the 30% number from the study. Is 30% normal between two types of vehicles or is it exceptional. (From the statistics I got, 30% is nothing!)

- Dispute of the risk analysis

We will need an actuary to demonstrate the flaws of the study and make a countervaluation.

IV. Summary of conclusions

- We will need to show that the minister exceeded the jurisdiction by banning vehicles that are not a real risk "that endangers the safety of persons and property".

Original in french:



Image

Image

Image

Image

Image

Image

Image

Image

Image

Image
User avatar
delicat
Posts: 2331
Joined: Thu Jul 26, 2007 6:26 pm
Member's Photo Album: http://www.delica.ca/Photos/
Vehicle: '92 Exeed '93 Safari '94 Pajero
Location: New Westminster, BC
Location: New Westminster, BC

Re: MUST READ!

Post by delicat »

Thanks!

That's actually pretty a pretty good way to approach this case. Don't think anyone would have anything to say aside from "good job!"

And it's very nice that everybody's time and contributions are well used, thanks again for keeping us posted!

Cheers!
David
'93 Nissan Patrol
'94 Mitsubishi Pajero
Image

"If it ain't broken, modify it!"
Domspun
Posts: 10
Joined: Thu May 20, 2010 5:07 am
Member's Photo Album: http://www.delica.ca/Photos/
Vehicle: Celicas

Re: MUST READ!

Post by Domspun »

Next thing is a complete report from an actuary for discrediting the SAAQ study!

I am still searching for a translator. I could pay for one, but I think it is better to spend on the actuary and lawyer before paying for a translator.

If anybody know somebody who works as a translator and is willing to help, contact me.

Thanks everyone!
RichD
Posts: 948
Joined: Mon Apr 19, 2010 6:05 pm

Re: MUST READ!

Post by RichD »

Domspun wrote:If anybody know somebody who works as a translator and is willing to help, contact me.
I know some, in Montreal. They all charge for their service.

Sorry, my workload is at max until October.
Richard Dagenais
User avatar
delicat
Posts: 2331
Joined: Thu Jul 26, 2007 6:26 pm
Member's Photo Album: http://www.delica.ca/Photos/
Vehicle: '92 Exeed '93 Safari '94 Pajero
Location: New Westminster, BC
Location: New Westminster, BC

Re: MUST READ!

Post by delicat »

Hey guys,

This thread isn't dead! Last night at the meeting "Lucky Dad" donated two of his OEM L300 oil filters that quickly got snapped off by another member for $40.

I'm sending Lucky Dad's contribution to Domspun via paypal....

Thanks again!!!
Mr D.
'93 Nissan Patrol
'94 Mitsubishi Pajero
Image

"If it ain't broken, modify it!"
User avatar
solanoid
Posts: 217
Joined: Thu Nov 11, 2010 10:02 am
Member's Photo Album: http://www.delica.ca/Photos/
Vehicle: 95 deli SE- aka Rolls Rice
Location: oil city
Location: Edmonton

Re: MUST READ!

Post by solanoid »

Hi,

A question... In the fillipines (Im told) they will convert rhd to lhd, if worst came to worst would this be an alternative to avoid the law man? what would something like that cost? :shock:

Aaron
User avatar
FalcoColumbarius
Site Admin
Posts: 5983
Joined: Tue Jan 22, 2008 1:55 pm
Member's Photo Album: http://www.delica.ca/Photos/index.php?cat=11103
Vehicle: Delica; Chamonix GLX ('92 P25W)
Location: North Van, BC, eh?

Re: MUST READ!

Post by FalcoColumbarius »

solanoid wrote:Hi,

A question... In the fillipines (Im told) they will convert rhd to lhd, if worst came to worst would this be an alternative to avoid the law man? what would something like that cost? :shock:

Aaron
Would that not be like offering your butt to the lord of the land to hopefully persuade him not to exercise "jus primae noctis" with your new bride?

Falco.
Sent from my smart pad, using a pen.

Seek Beauty... Image Good Ship Miss Lil' Bitchi

...... Vision without action is a daydream. Action without vision is a nightmare. ~ Japanese Proverb
RichD
Posts: 948
Joined: Mon Apr 19, 2010 6:05 pm

Re: MUST READ!

Post by RichD »

Conversion would make for a great political statement, but it would not address the ban, which is related to the age and origin.
Richard Dagenais
User avatar
MardyDelica
Posts: 2190
Joined: Sun Jan 14, 2007 3:32 pm
Member's Photo Album: http://www.delica.ca/Photos/
Vehicle: DL#30843 /92 Delica Super Exceed
Location: Richmond B.C.
Contact:

Re: MUST READ!

Post by MardyDelica »

you dont want to import Rhd to lhd vechiel from the phils as i see it mostly no heating
only cold ac lang
i see all this when i visit phil last month
cheers;
ImageImageImage
User avatar
mararmeisto
Posts: 3276
Joined: Wed Sep 19, 2007 10:00 am
Vehicle: 2018 Ram EcoDiesel
Location: Dartmouth, NS

Re: MUST READ!

Post by mararmeisto »

solanoid wrote:Hi,

A question... In the fillipines (Im told) they will convert rhd to lhd, if worst came to worst would this be an alternative to avoid the law man? what would something like that cost? :shock:

Aaron
Look at this instead: http://www.delica.ca/forum/1994-hyundai ... -8083.html

And since your profile indicates you are in the Edmonton area, I wouldn't be worried about it - don't stoke CADA's fire by piling wood beside the pit.
JPL
I still miss my '94 Pajero!
Post Reply

Return to “RHD Political and Legal Matters”