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Username: Ethamn
I am representing myself
What Case are you Appealing?: [2025] DCR 30
Link to the Original Case: Lawsuit: Adjourned - Ethamn v Faldorix [2025] DCR 30
Basis for Appeal: Though the District Court was correct in ruling in favour of the plaintiff, His Honor made serious and profound errors of law in his decision. I am a licensed attorney and this is a self-represented case.
1. Counsel for the defendant made the inexplicable argument that a self-represented plaintiff must call himself as a witness in order to adduce evidence to prove humiliation damage (defense closing at para 6). This argument was incorrectly accepted by the District Court (at III, para 5). Rather, I submit that the correct test does not include a self represented litigant calling himself as a witness, but whether, on the balance of probabilities, a reasonable person would be humiliated.
2. His Honor held that the defendant in pursuing the plaintiff off-game and posting his severed head publicly in the DC Discord Server is not actionable because the "head is the defendant's personal property" (III, at para 5). We submit that the relevant question is not whether a head is personal property, but whether, on the balance of probabilities, the action of displaying it caused humiliation.
3. His Honour dismissed the consequential damages of loss of enjoyment on the basis that "the plaintiff has not outlined any action in which they were prevented to participate in" (III, at para 6). As defense counsel correctly pointed out, the correct stanadard found in [2023] FCR 88 is whether the plaintiff "produced...evidence that there are any activities in Redmont that they can no longer enjoy in the same way as before these actions occurred." This bar was met tritely in the Statement of Claim.
Supporting Evidence: