Dwight Thompson - Fake Moor gets court beatdown

[Burnaby49]

I'll get on to the most recent stupidity in a moment but first some general comments. I've been saying for a while that freemanism is Canada is dead. And it is, as a movement. The days when Clifford and Menard could fill halls with lectures on freeman philosophy and generate recruits to the movement as a political idea are finished, discredited by total failure and criminal convictions. However freemanism still survives fitfully, in sporadic actions by individuals apparently unconnected to any group or organizational structure. But these are no longer attempts to forward a political or social agenda. They are unconnected specific actions by self-serving individuals acting solely for their own personal gains, generally in respect to a single problem they are facing. Additionally, like the plaintiffs in this case, they seem to have no significant freeman background. They have a problem with the police, criminal charges, their bank, their neighbors, and scour the internet for a solution that doesn't entail much expense. And, like the Thompsons, they hit a goldmine of gibberish documents that promise to solve their problems.

So Dwight Thompson becomes Dwight Thompson Bey and unleases a storm of Moorish nonsense on the court. In this case the issue, like that of the Volks;

viewtopic.php?f=48&t=10123

is in respect to a mortgage they can't, or won't, pay. I think the only reason they've employed freeman tactics is that nothing else has worked and the documents seem impressive to legal illiterates. But the Thompsons are either so ignorant of law or so lazy that they didn't even bother to try and modify the documents into a Canadian context. They left irrelevant American concepts like this to stand without modification;

I (Nicole Thompson Bey, Dwight Thompson Bey), demand Due Process as protected by the Fourt (4th) and fifth (5th) Amendments of the Constitution for the United States of America (Republic).

I particularly like this next one because I'm guessing that the Thompsons are neither American or blacks. They are white Canadian citizens. Yet they demand that the Federal Court of Canada;

. . . view this Petitioners / Plaintiffs (in my proper persons) as a Moorish American National (Natural Born Citizen of the Land) and not as a (brand) NEGRO, BLACKMAN (person) COLORED, AFRICAN-AMERICAN, or any other SLAVE TITLE . . .

In other words since they don't fit, nationally or racially, within the gibberish they've downloaded they demanded that the court pretend that they fit. Note that Coloured is spelt the American way, they were too lazy to even change to proper spelling in a Canadian context.

The Nanaimo Three at least seemed to be acting on principles, trying to prove that they could be legally designated peace officers. There was no obvious immediate financial gain to them even if they won. However the new cases I'm seeing are all about free money.

Anyhow, on to our Moorish American Nationals. This is the decision I'm quoting from;

http://canlii.ca/t/gx654

This is the issue at the hearing;

[1] A mortgage went into default. The mortgagee bank (ICICI Bank) enforced its remedies by way of power of sale. A judgment of the Ontario Superior Court of Justice was issued for possession of the mortgaged property and the balance owing on the mortgage debt. The mortgagors, the Plaintiffs, (whose names are Dwight Thompson and Nicole Thompson but who now use the names Dwight Thompson Bey and Nicole Thompson Bey) claim no original mortgage document was produced to support the enforcement of the mortgage. They take the position the enforcement of the mortgage was without due process.

[2] Thus, the Plaintiffs have commenced three actions in this Court: 1) Court File No. T-954-16, against the lawyers acting on the enforcement of the mortgage for ICICI Bank; 2) Court File No. T-1040-16, an action against the judge of the Ontario Superior Court of Justice who granted the judgment in favour of ICICI Bank; and, 3) Court File No. T-927-16, this action against Sriram H. Iyer, the President and CEO of ICICI Bank and Bryan Devries, the Vice-President of Mortgages for ICICI Bank.

[3] The first action was struck without leave to amend by order of the Court dated August 11, 2016. With respect to the second action, there is a pending Rule 369 motion to strike. The motion before the Court deals with the third action against the officers of ICICI Bank. The motion is for an order to strike the statement of claim (Claim) in its entirety without leave to amend and for an order declaring the Plaintiffs vexatious litigants to prevent them from commencing further actions in this Court without leave.

Doesn't look good for our counterfeit Moors;

[6] Turning to the issue of striking the Claim, it is difficult to know where to begin to describe the absurdity of the alleged claims and causes of action. Suffice it to say, the thrust of the claim is that ICICI Bank did not produce a signed mortgage with the Plaintiffs and sent demand letters to the Plaintiffs without proper postage as there was no physical postage stamp. This somehow or other resulted in “failing to honour due process which resulted in a breach of trust and honor [sic] against Sriram H. Iyer and Bryan Devries doing business as ICICI Bank Canada and its assigned agents” [Affidavit of the Plaintiffs, page 1]. A claim for $1,750,000 in compensatory damages and $750,000 in punitive damages against each of the Defendants and spouse was made. There is no explanation as to why “and spouse” is included. The Claim then prattles on about “proper” versus “natural born citizens”, an example of which is as follows:

I, (Nicole Thompson Bey, Dwight Thompson Bey), demand this Federal court view this Petitioners / Plaintiffs (in my Proper Person) as a Moorish American National (Natural Born Citizen of the Land) and not as a (brand) NEGRO, BLACKMAN (person), COLORED, AFRICAN-AMERICAN, or any other SLAVE TITLE or ‘nom de guerre’ imposed upon me for misrepresentation ‘Actions’ or other acts of ‘Misprision’ that a misdirected society may “believe” to be true.

I, (Nicole Thompson Bey, Dwight Thompson Bey), do not, under any condition or circumstance, by threat, duress, or coercion, waive any rights Inalienable or Secured by the Constitution or Treaty, and, hereby requests the Federal Court to fulfill their obligation to preserve the rights of this Petitioner (A Moorish American) and carry out their Judicial Duty in ‘Good Faith’ by ordering Defendants to be brought before the Law to answer for their criminal and unjust actions.

[7] The Claim then makes assertions about the “Moorish National Republic”; the enforcement of the “Divine Constitution and By-laws of the Moorish Science Temple of America”; and other such nonsense. None of this amounts in any way, shape or form to a recognizable cause of action in Canadian law. A complete copy of the Claim is attached as Schedule A so that readers of this decision can get the flavour of the absurdity of the claims with which OPCA litigants encumber the Courts.

[8] This type of litigation clogs the Courts and uses up judicial resources which typically would include a registrar issuing the claim; another registry officer entering the claim in the Court’s database; when a motion is brought to strike, registry staff must file the motion and enter it into the system; then registry staff must organize the motion for hearing; a courtroom must be set aside and Court staff assigned; the presiding judicial officer will review the motion materials; Court is convened; and, finally, a decision is rendered. These steps take time and money and do not include the time, effort and cost to litigants who are subjected to these types of nonsensical lawsuits to which they must respond.

[10] In all, there is no substance to this Claim. It is struck in its entirety without leave to amend and with full indemnity costs to the Defendants. The Plaintiffs filed a motion pursuant to Rule 369 for default judgment against the Defendants on the ground that no statement of defence had been filed. Obviously, no default judgment can be granted as the Claim upon which default judgment is sought is an abuse of the Court and is scandalous, frivolous and vexatious.

Full indemnity costs are the maximum cost tariff that can be levied against a party. But it wasn't all bad news. They were not declared vexatious litigants;

[13] However, it is to be noted that sub-section 40(2) requires that the Attorney General of Canada must consent to a request for a vexatious proceedings order and is entitled to be heard on the hearing. Unfortunately, the Defendants’ request for a vexatious proceedings Order must be denied as the pre-condition in sub-section 40(2) has not been met. But for that requirement, this would be a case where a vexatious proceedings order would be appropriate given that three proceedings have been commenced relating to the enforcement over a mortgage, matters which do not fall within the jurisdiction of this Court. Moreover, given the proliferation of proceedings by OPCA litigants such orders are another important way in which courts, in general, can prevent abuse of the judicial system.

However, to rub it in, the Court included, as part of the decision, the documents the Thompsons dredged up from the underbelly of American websites and filed as their rock-solid legal arguments. They're worth a read.

[7] The Claim then makes assertions about the “Moorish National Republic”; the enforcement of the “Divine Constitution and By-laws of the Moorish Science Temple of America”; and other such nonsense. None of this amounts in any way, shape or form to a recognizable cause of action in Canadian law. A complete copy of the Claim is attached as Schedule A so that readers of this decision can get the flavour of the absurdity of the claims with which OPCA litigants encumber the Courts.