You are on page 1of 3

QBG. 1306 of A.D.

of 2005
(C.A. No. 1605 of AD 2008)

IN THE COURT OF APPEAL FOR SASKATCHEWAN
ON APPEAL FROM THE COURT OF QUEENS BENCH
JUDICIAL CENTER OF REGINA
BETWEEN:
ARLENE LOWERY
PLAINTIFF
(Appellant)
- and on behalf of -
CHARLENE DOBSON, JONATHAN DOBSON,
KAYLA DOBSON & LANCE LECAINE
INFANT CHILDREN PLAINTIFFS
(Appellants)
- and -
ATTORNEY GENERAL, SASKATCHEWAN GOVERNMENT
ATTORNEY GENERAL, GOVERNMENT OF CANADA
JOYCE LAPRISE
DR. E. IVANOCHKO
DR. L. RUTHNUM, DR. C. NORMAN, DR. S. LEIBEL
CHIEF OF POLICE, CAL JOHNSON, CORPORAL D. FERGUSON
DEFENDANTS
(Respondents)
NOTICE OF MOTION TO QUASH DECISION OF JUSTICE G. CHICOINE
AND REQUESTS THAT THIS COURT, IN CONJUNCTION WITH THE COURT OF
APPEAL PROVIDE IMMEDIATE RELIEF FOR THE PLAINTIFF AND FOR THE 4
INFANT CHILDREN AS PLAINTIFFS AS DETAILED HEREIN. THE PLAINTIFF
REQUESTS THIS IN ACCORDANCE WITH THE COURT OF QUEENS BENCH
RULE 5 for Irregularities and Non-Compliance under Procedural defect and
consequences, Rule 5 (1) (2) (a) (b) (e) and further for matters pertaining to actions and
illegalities which have fatally compromised this lawsuit proceeding in addition to
Lawsuit QBG. 1005 of A.D. 2002
Address for Service
Arlene Lowery
1808 Smith Street, # 203
Regina, SK. S4P 2N4
TEL: 306-205-4160
FAX: 306-205-4161


INTRODUCTION:
I, Arlene Lowery, do make this application on her behalf and the 4 infant children
named, to have this matter go directly for judgment under Rule 5 (1) (2) (a) (b) (e).
I hereby request that the decision of Justice Chicoine be quashed, and do further make
this request for the non-compliance, irregularities and illegalities which certain of the
defendants and this Court have committed, that has fatally compromised the integrity
of this lawsuit and lawsuit QBG. 1005 of A.D. 2002, of which both Arlene Lowery
and her husband Chuck Lowery are parties to (plaintiffs).
RATIONALE FOR THIS REQUEST: [See Affidavit for Particulars]
1) THE ATTORNEY GENERAL FOR THE SASKATCHEWAN
GOVERNMENT for:
a. Breach of a Court Order to Seal portions of this
file which relate to the plaintiffs.
b. submitting evidence for this lawsuit which was
tampered with.
c. obtaining evidence under false pretenses through
an audio-visual tape recording and using it later as
evidence.
d. destroying evidence and/or not securing it.
e. Breach of a No Contact Court Order and an
Order by the Court for No Variance of that
Order until an independent psychological
assessment was completed and filed with the Court.
2.) DEFENDANTSAND FOR THIS COURT FOR
TAMPERING WITH AND DISCARDING FILE
DOCUMENTS AND NOT RETAINING ANY
DOCUMENTATION OF CERTAIN CHAMBER
MEETINGS, EXCLUDING THE PLAINTIFF FROM
TELECONFERENCES WITH THIS JUDGE,
WITHHOLDING INFORMATION ENTITLED TO,
AUDIOTAPING WITHOUT PERMISSION DURING A
HEARING, DESTROYING AND ALTERING
DOCUMENTS, COMPROMISING ANOTHER
LAWSUIT QBG. 1005 OF A.D. 2002 IN APPOINTING
THE SAME JUDGE WITHOUT CONSOLIDATING
THE 2 LITIGATIONS AND FOR PROTECTING THE
CRIMINAL ACTIONS OF MS. JOYCE LAPRISE
INORDER TO PROTECT THE ACTIONS OF BOTH
ATTORNEY GENERALS OF THE GOVERNMENT
OF CANADA AND THE SASKATCHEWAN
GOVERNMENT DONE INTENTIONALLY AND
WITH THE INTENTION OF OBSTRUCTING
JUSTICE FOR THE PLAINTIFFS; AND FINALLY
FOR THE COURT OF APPEAL FOR HAVING
FATALLY COMPROMISING THE APPEAL IN THEIR RELEASING THIS FILE
FROM THE COURT OF APPEALTO MR. WATSON, Q.C. DEFENDANT FOR DR. E.
IVANOCHKO.
II Irregularities and Non-Compliance
Procedural defect
5(1) Unless the court otherwise orders, any procedural defect, including a failure to
comply with these rules, shall be treated as an irregularity and shall not nullify a
proceeding, any step taken in the proceeding, or any document, or order made therein.
Consequences
(2) Where there has been a failure to comply with these rules, the court may, at any
time and on such terms and conditions as it thinks just,
(a) set aside a proceeding, either wholly or in part;
(b) set aside any step taken in a proceeding, or a document, or order made therein;
(e) make such other order as may seem just.
R. 5.