Sunday, February 19, 2012
Why Can't We All Just Get Along?
Sunday, January 08, 2012
Regrets, I've Had A Few
Saturday, December 17, 2011
It''s Like Christmas Early! - ALMOST
Finding A Way To Fight Back
Sunday, November 28, 2010
No Longer A Pain I’m Used To…
Finally, there is an end in sight to what I hope to be one of our final legal matters relating to our attack of a couple of years ago. The wheels of justice do indeed turn slowly at times. If anyone needs a refresher on circumstances and events relating to this, you can read my initial entry from August 2008 and then this one from October 2010.
Although, I am somewhat reluctant to call ourselves victors, we did receive word about two weeks ago that our employer had decided to settle this matter now rather than take the next step which would have been a proper hearing initially scheduled for June 2011. Thank goodness we didn’t have to wait another eight months to have our day and say in court, although we were fully prepared to go the distance if that’s what it ended up taking. Whew.
We had been hoping that they’d end up settling after what had happened during our initial meeting with the Judge from Small Claims, although we half expected them to dig in their heels even though they were so in the wrong in this case. Have to admit, though, that our initial mediation hearing almost ended up disastrously for us. Their Statement of Defense was riddled throughout with outright lies although they didn’t remotely seem to care – in the end the burden of proof would have ultimately been up to us and until this mediation they had been very cavalier about the whole thing arrogantly thinking we had nothing – they were so wrong.
We ended up being very lucky with the Judge we happened to draw for that initial mediation as the courts only allocated a half an hour of time to hear both of the sides. Our employer initially took the lead as the first words out of the Judge’s mouth to us were how frivolous our claim appeared to be with no apparent merit. Jim and I looked at each other in near panic and despair. WTF?
Thank heavens we had legal representation not to mention that Jim managed to quickly pick up on the fact that their lawyer had been presenting this matter as some sort of landlord tenant issue when in fact it was nothing of the sort. When it dawned on Jim what they were doing he instinctively blurted out his disgust and after we all recovered from our initial shock, you could actually see the Judge’s whole demeanour completely change. By the end of those thirty minutes, he had been completely won over to our side – mostly because we had a very legitimate and valid complaint against our employer. Whew!
Even after their legal representative was duly chastised by the Judge for his and the company’s appalling behaviour in light of the seriousness of our injuries while performing our normal job duties, he was incapable of making a counter offer to us that day. We had been prepared to settle for half of our original claim if we could wrap it up then and there. The Judge gave 30 days for their response to our offer and strongly suggested that the matter should really be settled then and there as if we proceeded to court, he felt they didn’t have a hope of winning even if we failed to come up with an ounce of proof of our claim. He said we’d win on the sympathy vote alone! Of course, they managed to wait the full thirty days before they responded to our offer.
We still haven’t received payment yet although we signed the paperwork 12 days ago – I guess they have 14 days to issue the cheque from that date. We never imagined we were going to get it any earlier than this anyway – certainly not based on their previous treatment! Still, it will be nice to have that bit of extra money as we enter the Christmas season that’s for sure, so regardless of when it arrives, I’ll certainly be happy!
peace, love and happiness…
P.S. I am now down to a daily dose of 22mg methadone. How cool is that? No ill effects either!
Monday, October 04, 2010
A Pain That I’m Used To Is Almost Done
Just over two years ago I posted A Pain That I'm Used To concerning an uncomfortable situation that had developed with my employer a couple of months after our attack and Jim's stabbing. After all of this time though, we are still dealing with its aftermath although I am hopeful that this will all come to an end fairly shortly. Now, unfortunately, having to go to Small Claims Court to reach some sort of settlement has to occur. This part of the whole ordeal is something I'd like nothing more to avoid, but no such luck. A number of months ago we finally retained a lawyer to help us out, she's been briefed with all details of our situation, all necessary papers have been filed with the court and all necessary statements of defense from our employer have also been filed. Nothing else left to do but show up for court bright and early Friday morning. GULP.
For the short version, we are basically suing our employer for approximately $7500 because they disposed into a large dumpster in front of our apartment building, about twenty or so of our personal possessions and furniture without notifying us in advance. When we attempted to confront them about this matter, we continually received their cold shoulder. They refused to offer us any sort of explanation or apology for their actions against us. We didn't pursue it at the time for a number of reasons. It was so soon after the attack that fear was the overriding emotion driving pretty much every aspect of our lives. We didn't realize that we could actually do something about it. We couldn't afford legal representation for this matter two years ago. And so on…Two years on, our situation has changed on all fronts so once we discovered that we could, indeed, pursue them to attempt to recover our costs for this debacle, we decided we'd be fools for not moving forward. Although we did have to give our lawyer a $2000 retainer, if we are successful then all costs will have to be paid for by our employer.
For the long version, the following is the text of the original entry from August 2008:
All of our forms were to have been filed and completed, etc. for a Workman's Compensation claim for what happened to Jim and any forms that we were responsible for have been submitted. When I last spoke to the head of Human Resources of the company about a week ago, she mentioned that the company would no longer be paying us but that WSIB would be taking over from now on. Now when I spoke to WSIB earlier today, they advised us that our claim had been rejected because our employer had not submitted a series of forms. Fit to be tied at the moment mostly because I wasn't able to actually speak to someone at WSIB but had to leave messages on two separate answering machines there. GRRRR. Of course when I called through to Toronto, I could only reach voice mail in the HR department. Oh how very, very typical.
I wouldn't be quite so insane about all of this if something awful hadn't happened here in London with my Regional Manager almost three weeks ago. Shortly after Jim's attack, we moved into our current apartment because no one in my family was feeling terribly secure living on the ground floor of the apt building. Now since Jim was still recovering from near life threatening injuries, he obviously was unable to move any of our furniture or stuff up here. Naturally, one of my daughters managed to break her arm barely a week after Jim's attack so she was also unable to offer much help or assistance. That left just me and Sara who barely weighs a 100 pounds on a good day! Naturally, it was tough carrying some of the heavier stuff for us so a few items were left behind in our old unit. I advised the office of this and apparently it wasn't much of an issue until the time came when they needed our old unit.
The weekend after I was notified that they were going to need our old unit, I moved everything except for one couch out of it. This left behind couch was a monster to move so I had to leave it. When I talked to my boss she said that was no problem that she would get some of the maintenance guys to help. I waited for a number of days and no one came to help. One day Sara's boyfriend was over and we managed to get it upstairs and into the hall of the fourth floor. Could not get it into our unit no matter what I tried. Finally the head of maintenance showed up to help me but no matter what he couldn't get it in either. This couch just also happened to be near brand new. We had had it only a month. Looked like we were going to have to trash it which was a darn shame. Because I had been waiting to get this couch inside before I moved a few more of our other articles in, I stashed some of our stuff in an empty unit which just happened to be located directly beside our current one. This is also standard practice if you happen to be a Building Manager of an apt building – you tend to take advantage of empty units and store stuff in them on a regular basis. This is done by near everyone and is not remotely unusual.
I had mentioned to the office about this furniture being there in the empty unit also but for some reason my Regional Manager decided to take it upon herself to have the contents of this unit emptied into the dumpster out front of our building. There was a lot of stuff of value there also. Why she didn't mention that she was going to do this so we had a chance to move it into our unit or get rid of it ourselves, is a mystery to us. Even after talking to her about it, she had nothing to say regarding her reasoning. I am so sick of everyone telling me that whenever I need help while Jim is recovering to just let them know and then when the actual time arrives, nothing at all. It is beyond insulting. What is really terrible about the whole thing is that when we went to check the dumpster not all of our stuff made it there. Any of our electronic equipment seemed to be missing. When we asked about this, we initially got a whole bunch of different answers until someone obviously started to feel a little bit guilty cause somehow some of this stuff was located – sitting in the paralegals office getting ready for her to take home!
Excuse me? How awful is this? You're stealing from someone not only that you work with, but also from someone who has already had a series of horrific stuff happen to them, someone who's interests that you in your position should be guarding. Insane. I wasn't going to get the police involved but on our last visit to the specialists we mentioned what had happened and one of the doctor's took it upon herself to call the police. I guess that she is a fairly good friend of the detective handling the attack. The police feel we have a fairly strong case for theft, etc. So far I have given a statement but I haven't had them approach anyone in the office yet regarding this although after today, I plan on giving the go ahead. I've also given everyone enough time to return all of our electronics and even though I've received assurance that we'll get them back, we still have not.
Following is a list of the items that we ended up losing – that I can remember so far because I know that there is more but probably won't know something is missing until I go to get it.
- antique sewing table w/antique Singer sewing machine
- walnut dresser w/five dresser drawers
- all components to construct our bed frame i.e. slats/foot board
- Sklar Pepplar arm chair
- creme coloured leather love seat
- creme coloured leather arm chair
- 20″ tv set
- 17″ flat screen computer monitor
- 17″ computer monitor
- dvd player
- large collection of various types of cables for use with computers
- digital camera w/case
- laptop computer w/leather case
- collection of electric helicopters plus their accessories
- all of our winter coats – four individuals for a total of eight coats
- six fabric laundry sacks of clothing primarily Jim's winter clothes
- all of Sara's bed linens including comforter, three double sized blankets, set of curtains, sheets, pillows
- two extra-large Rubbermaid storage containers w/hinged lids w/contents removed
- misc. hand held tools
- two basic desk chairs
Saturday, December 19, 2009
MAN ADMITS TO STABBING
By JANE SIMS, THE LONDON FREE PRESS
Last Updated: 10th December 2009, 11:07am
The noise coming from the sixth-floor apartment was too loud for the neighbours. That's all the superintendent wanted to tell the people inside the Wonderland Rd. apartment in London when he knocked on the door on May 12, 2008, at about 5 p.m.
COMMENTS:
- CAROL ANNE SPIVAK
- December 10th 2009, 3:12pm
- A PERSON AS VICIOUS AS HE IS DOES NOT BELONG AMOUNGST THE REST OF THE HUMAN RACE, HIS FRIENDS AS WELL. HOPE IT WON'T BE ANOTHER SLAP ON THE WRIST, HE NEEDS LOCKING UP FOR A VERY LONG TIME. I'M VERY ANXIOUS TO SEE WHAT THE PUNISHMENT WILL BE.
- Don
- December 10th 2009, 1:41pm
- I hope they give this piece of human trash a double digit pen bit. He damn near killed an innocent man for knocking on a door....? The community is a better place without him. A SEVERE punishment is the only way to go on this case. Him reforming himself should be concidered a distant 2nd priority
- Ouch
- December 10th 2009, 11:44am
- That hurts !
Thursday, October 15, 2009
I Fought The Law
Figures that the weather just took a turn for the worse. Yikes. The temp managed to reach a high of 4C today, although with the wind, I guess that it felt more like -1C. Tomorrow morning, they're forecasting the temp to be just above zero Celsius which is too cold for this time of the season that's for sure. Right now, this near freezing weather is causing me to have a near meltdown in my attempt to pick out an appropriate court - and now weather - outfit. I suppose that if this is the worst thing that I am currently battling then I am not really in as bad a shape as I might perceivce.
Additional mood updates as my evening progresses!!!
Tuesday, June 30, 2009
Stings Like A Bee
Someone recently commented about how I have somehow managed to keep this inside of me, or not to have posted about our attack and Jim's stabbing. Initially after the attack, I made a few brief posts and for those I think you can find them in the archives for May 2008 and perhaps even June 2008. I did save some footage that the local tv station broadcast the day of the attack as well as the few days immediately following it. Not for the faint of heart, but if anyone is interested in watching one of the news reports, simply click HERE to view. You'll need a simple media player to view this file.
Ultimately, three young men were arrested and charged with the attack on us as well as the stabbing of Jim. While all three of them participated fully in the attack, only one of them actually stabbed Jim. This was probably a good thing as the one fellow doing the stabbing managed to stab Jim a total of twenty four times. While a number of his wounds were defensive in nature, three of the stab wounds were extremely critical ones, and for whatever reason, should have been life ending rather than life threatening. To this very day, his doctors are still utterly amazed that Jim managed to walk away from this alive. He now has a near four inch scar on his neck where the knife ended up slashing through. By sheer luck or miracle, his main artery managed to be missed by the smallest amount, although the knife managed to damage nerves and tendons in this area. Jim still suffers the aftermath of this wound today as he has yet to regain feeling along that side of his body from the top of his head down through the upper part of this leg. He is by no means paralyzed on that side, but it is very apparent that some form of damage has been done, not to mention the loss of strength and co-ordination vs his other side. His lung was pierced which caused it to collapse at the site of the attack, plus his liver was also pierced b y the knife. Additional liver issues is exactly what a recovering addict wants/needs to deal with later in life as well! As a result of these two wounds, Jim now also has a major scar on his chest running from the end of his throat to his belly button due to the emergency surgery required to repair these wounds. Lucky me got to witness this entire attack.
To say that we have both been dealing with issues since this attack is definitely a bit of an understatement. Obviously, for Jim, his immediate concern was getting his health back which has required a lot of work on his part. He has had to go through some brutal physiotherapy sessions to get himself back to close to normal. He still has a long way to go but at least he's able to even do this, something the doctors weren't too sure of this time last year. Pretty soon he will be starting therapy to deal with PTSD - Post Traumatic Stress Disorder. I am currently in therapy myself getting help for the exact same thing. Initially, I had no idea how much this attack had affected me and my outlook on life and the rest of the world, but the longer that I am in treatment, the easier it is for me to see the damage. I have mixed feelings about everything IE the attack, our recoveries from it, the accused and what will ultimately happen to them. By this, I am referring to their ultimate criminal trial which has now been postponed twice. This is so very frustrating as we are now waiting once again to get subpoena to testify. Initially, the trial was to be held in January but that was canceled. We got another subpoena for the trial to begin May 7, 2009, but less than 24 hours before it was to start, we received a call stating that it was going to be adjourned until a later date and to disregard our most recent subpoena as we would be issued another once a new trial date had been set! Grrrr...Apparently one of the defendants decided he wanted/needed a new lawyer so now his new lawyer needs time to prepare.
I have mixed feelings about having to testify in court as in I'd really rather do anything else but this! I know that if this does actually proceed to a trial then I ultimately may have no choice. Obviously in the end, I will also do the right thing. I guess because for so many years, we lived in that gray area of drugs and dealers that for me, its kind of a knee jerk reaction to avoid the law and courts at all costs. Its like I'm being a rat of some sort if I testify against these three. I know that I am not, that this is an entirely different situation. These are people that you had never, ever seen before that day. These are people that don't run with the same crowd that we used to run with, nor will they ever. Yes, its now been three and a half years since I removed myself from that environment, but its still hard to shake off the stink. Also, ultimately, these three attacked and deeply affected me and mine, and by their actions, very much made it personal. I also know why they are dragging this out delaying their day in court, even though, to this very day, not one of them has been able to make bail and have sat in jail since about three hours after the attack. I understand that one of the accused is still only a landed immigrant to this country and that there is an extremely good chance that once he has served his sentence, that he will be deported back to his country of origin - the Sudan. I suspect that the other two - who happen to both be brothers - are counting on getting two for one credit when sentencing is finally handed down.
The thing is that, honestly, I don't really care what happens to these three now. Whether they are released five minutes after their trial ends, or whether they are sent away for another few years it doesn't really matter. Their damage is already done. No sentence or punishment will give us our old life back. Its gone, over, changed forever.