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IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
SUBMISSION OF FOLLOW-UPS REGARDING QUESTION SHEET HANDWRITTEN ANSWERS
IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
CLOSING STATEMENT
Your Honor:
This case is one in which the Commonwealth illegally evicted the Plaintiff, omitted key information from the Plaintiff when the Plaintiff sought to contest his evictions, and then began to auction off his plots (and successfully auctioned one off). An Inspection Manager who had a conflict-of-interest corruptly sought to acquire plots which he illegally evicted. The “Department of Construction and Transportation did not do their due diligence in regards to the matter at hand,” nor “inform[] the plaintiff that [the DCT’s agents] had made a mistake before putting the plot to auction” (see: BananaNova v. Commonwealth of Redmont [2024] FCR 44), causing concrete damages to my client.
This case has been long, full of discovery submissions, and substantial witness questioning. This closing statement will discuss the issues raised and rules as the facts apply to them, and demonstrate that on balance of probabilities we have proven every claim and are entitled to relief in full.
In our complaint, we laid out eight claims for relief. Let us re-examine the key issues posed by each of them, what the law says about these issues, and how the facts apply.
The Plaintiff seeks a declaration from this court that the DCT’s eviction of the Plaintiff’s plots was unlawful, unconstitutional, and void ab initio. The Plaintiff asks this Court to explicitly rule that the eviction executed on July 30, 2025 violated the Evictions Policy and the Plaintiff’s rights, and therefore had no legal effect. Such a declaratory judgment will clarify the parties’ rights and ensure the record reflects that the Government’s actions were illegal.
The Plaintiff asks this Court to issue an order requiring the Commonwealth to return ownership of all wrongly-evicted plots to the Plaintiff immediately. Because the eviction was wrongful, the appropriate remedy is to restore the status quo ante by reinstating the Plaintiff as the rightful owner of each plot. The Plaintiff seeks a permanent injunction compelling the Defendant to reverse any transfer of ownership or auction process initiated for his properties. This Court’s equitable powers permit it to undo the effects of the illegal eviction – just as wrongfully dispossessed tenants or owners are entitled to recover possession of their property.
In this case, we have proven that the Commonwealth unlawfully seized plot r054 and sold it. Compensatory damages are sought equal to the fair market value of this plot; as P-011 establishes, this is at least $27,500.The Plaintiff asks for an award of compensatory damages in an amount to fully compensate the Plaintiff for all quantifiable losses suffered as a direct and proximate result of the Defendant’s actions. This includes the value of any property or items lost due to the eviction, any lost profits or income from the plots during the period of wrongful possession, and any other monetary losses the Plaintiff can prove.
The Plaintiff seeks consequential damages in full, supported by the voluminous evidence in case, and our analysis in our conclusion.The Plaintiff asks for an award of consequential damages for the non-economic injuries inflicted, specifically including Loss of Enjoyment and Humiliation suffered by the Plaintiff. As detailed in Claims for Relief 4 and 5, the Plaintiff endured a diminished ability to enjoy the Redmont community and personal mortification as a result of the Defendant’s conduct. The Legal Damages Act expressly recognizes these intangible harms as compensable. These damages, while not easily reduced to a number, are capped by law except in cases when punitive damages are sought (c.f. Legal Damages Act §7(2)(b)). As the Plaintiff seeks punitive damages in this case, and consequential damages are therefore not capped, the Plaintiff asks that the Court award $150,000 in humiliation damages and $150,000 in loss of enjoyment damages.
The Plaintiff believes that we have demonstrated each and every claim for relief on balance of probabilities. The outrageous nature of this case is evident from the analysis-in-case. It exacerbated by the Commonwealth's actions at trial, where the DCT Secretary-turned-special counsel (Docket Filing No. 9) engaged in repeated antics in Court that resulted in this Court summarily charging perjury (Docket Filing No. 138) and Contempt of Court (Docket Filing No. 185).The Defendant’s actions were not mere negligence but willful and egregious violations of law – evincing reckless disregard for the Plaintiff’s rights and for the rule of law. Punitive damages are warranted, per Legal Damages Act §5(1)(a), “to punish [a defendant] for their outrageous conduct and to deter them and others like them from similar conduct in the future.”
The Commonwealth’s conduct in this case has been egregious and outrageous. Here, the Commonwealth (acting through DCT officials) engaged in a gross abuse of power by illegally evicting plots, then persisted in dishonesty to cover it up even when contested, and showed deep contempt for the Plaintiff throughout the whole process. This kind of conduct strikes at the heart of public trust in government and must be strongly dissuaded.
How should the Commonwealth be dissuaded? Treble damages serve as a strong deterrent to future wrongful conduct and are called for in these heinous and outrageous actions by the Defendants; this Court has granted them in the past, such as in lucaaasserole v Naezaratheus et al. [2025] FCR 50. But, for some violations (such as abstract violations of rights), treble damages may be difficult to calculate, and further specification for a calculation of punitive damages is necessary. And, for damages that occurred as the result of criminal activities, the Federal Court has found it permissible for Plaintiffs to seek punitive damages equal to the amount of fines that would be collected in a criminal proceding (c.f. MegaMinerM v. Blazora Corporation [2025] FCR 27, Section III(2)(E), par. 6).
As such, the Plaintiff prays for Punitive Damages as follows:
- $280,000 in punitive damages for unreasonable seizure, in direct violation of the Plaintiff’s express constitutional rights against the same, equivalent to $35,000 for each of the 8 Plots unlawfully seized;
- $280,000 in punitive damages for violations of Constitutional Duty of Care, as laid out in the second Claim for Relief, equivalent to $35,000 for each of the 8 Plots unlawfully seized;
- $280,000 in punitive damages for violations of Statutory Duty of Care, as laid out in the third Claim for Relief, equivalent to $35,000 for each of the 8 Plots unlawfully seized;
- $300,000 in punitive damages for loss of enjoyment: treble damages resulting from the Commonwealth’s actions described in this Complaint and in this Case,;
- $300,000 in punitive damages for humiliation: treble damages resulting from the Commonwealth’s actions described in this Complaint and in this Case;
- $200,000 in punitive damages for Corruption, equivalent to the maximum monetary penalty for eight charges of Corruption (one for each plot illegally seized) as laid out under the Criminal Code Act;
- $80,000 in punitive damages for Fraud, equivalent to the maximum monetary penalty for eight charges of Fraud (one for each plot illegally seized) as laid out under the Criminal Code Act.
The Plaintiff prays for an award of legal fees equal to 30% of the total monetary relief obtained (or sought, if the Defendant prevails on some claims) in accordance with this provision.Given the complexity of this case and the egregious nature of the Defendant’s conduct, the Plaintiff’s counsel has and will have expended significant time and resources to vindicate the Plaintiff’s rights. Thirty percent of the recovery is a fair and statutorily-supported measure of legal fees, and should be ordered against the Defendant if it is found liable. This not only compensates the Plaintiff’s costs but also encourages capable advocacy in cases where citizens challenge governmental abuse.
Perjury
The plaintiff has admitted in their own testimony that:
1. The initial complaint in the Discord ticket concerned plot eviction timing, not the timezone of Dearev.
2. They did not raise any concerns regarding Dearev’s timezone in the initial ticket.
In their closing statement, the plaintiff claims that DCT officials ignored their urgent Discord ticket regarding this matter and implies the primary concern of this case (dearev's timezone) was mishandled. This directly contradicts their prior testimony and the several times it has been argued throughout this case.
The plaintiff cannot claim that the Department ignored a concern that, by their own admission, was not raised in the initial ticket. This misrepresentation is material to the case and constitutes perjury, as it knowingly misstates the facts to influence the outcome of the case.
Testimony:
1. The basis of the complaint when first opening the ticket was that my plots had been evicted before seven days had passed and I questioned the legality of this.
4. I did not raise any concern with dearev’s timezone in the initial ticket because I wasn’t sure his exact timezone, and that information isn’t mine to provide or know.
5. I am unsure when I initially raised the complain of Dearev’s timezone.
Instead of promptly correcting the error, DCT officials doubled down. They ignored the Plaintiff’s urgent Discord ticket and falsely insisted nothing was amiss. This compounded the breach – a reasonable department would have quickly reviewed the timeline and reversed the eviction.
IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
CLOSING STATEMENT
Your honour,
This case is primarily concerned with the extent of the Commonwealth’s vicarious liability for the actions of its agents where those agents are alleged to have acted contrary to law, departmental policy, or established legal norms.
Where the Commonwealth Agrees
Of the fifty-two facts advanced by the plaintiff, the Commonwealth affirms thirty-six. The Commonwealth accepts that the evictions were processed narrowly prior to what Department policy allows.
Where the Commonwealth is Neutral n
The Commonwealth cannot adequately represent Dearev in respect of allegations concerning his alleged individual conduct. Accordingly, the Commonwealth has submitted that matters relating specifically to Dearev’s personal actions should be severed from the proceedings against the Commonwealth, and that any such allegations be determined separately, with Dearev afforded appropriate individual representation where personal liability or wrongdoing is alleged.
Where the Commonwealth Disagrees
The Plaintiff alleges that the Commonwealth acted in bad faith and engaged in corrupt conduct, and further claims that the Commonwealth was afforded a sufficient opportunity to remedy the matter prior to the commencement of these proceedings.
The Commonwealth offers that the plaintiff has:
1. Deliberately mischaracterised the facts of this case;
2. Thrown every legal concept at the wall to see what sticks;
3. Objected to almost every single material submission or objection made by the Commonwealth; and
4. Refused proposed remedies in order to maintain maximum liability, increase loss, and pursue an outsized and unjustified monetary award.
5. Attempted to disadvantage the Defence by posting legal arguments minutes before concurrent deadlines, acting in bad faith through what is, perhaps, the longest trial this nation has ever seen.
RESPONDING TO PLAINTIFF"S CLAIMS
Claim 1: Alleged Violations of Constitutional Right Against Unreasonable Seizure
The Commonwealth acknowledges that the eviction of the Plaintiff’s plots occurred prior to the stated eviction date in the evicting officer's timezone. The evicting officer was not authorised under department policy or law to execute the evictions.
Once the DCT became aware of this breach of policy and law - which was first raised in this case - the Department moved immediately to correct it and nullify the eviction.
Vicarious liability arises only where a principal can be shown to have authorised, condoned, or failed to take reasonable steps to correct an agent’s unlawful conduct. Therefore, it requires showing that the act or omission:
1. Was carried out with the principal’s approval, express, implied, or otherwise;
2. Occurred within the scope of the agent’s lawful duties; or
3. Was not addressed or corrected despite the principal being aware of it.
In this scenario, the early eviction was carried out by an agent who was not authorised to act, and the Department took steps to correct and compensate for the error once it became known. With the exception of a single asset, any loss was temporary. There is no basis to hold the Commonwealth vicariously liable, as the Department did not authorise, condone, or fail to remedy the agent’s actions.
Claim 2: Alleged Violations of Constitutional Duty of Care & Claim 3: Alleged Violations of Statutory Duty of Care
The plaintiff has failed to demonstrate a systemic failure by the Department to uphold Constitutional duties of care and statutory duties of care - in fact, the evidence demonstrates the opposite. An agent of the DCT unlawfully evicted the plaintiff's property, which was reversed by the Department as soon as it was made aware of the time discrepancy. There is no basis to hold the Commonwealth vicariously liable, as the Department subsequently acted to uphold it's duty of care and remedy the matter upon becoming aware of it.
Perhaps the Plaintiff's argument would have had a leg to stand on if they had notified the Department of the alleged timing error before filing suit. By failing to do so, he denied the DCT the opportunity to correct the issue, before subsequently exaggerating claims of negligence and duty of care breaches. On the contrary, perhaps a duty to inform the department of the agents unlawful actions is necessitated before the court considers such a hyperbolic sum of damages?
Claim 4: Common Law Negligence
Negligence cannot arise on the Commonwealth's behalf when:
1. The eviction was carried out by an unauthorised agent acting outside departmental policy and the law.
2. This was a personal error by the agent (whatever their motivation), not a systemic failure or departmental decision.
3. The Commonwealth did not direct, condone, or fail to correct the agent’s actions.
4. All but one plot were restored to the plaintiff's ownership when the Commonwealth were made aware of the breach, making almost all loss minor and temporary.
5. For the remaining asset, the Department offered compensation exceeding five times its market value.
6. There is no evidence presented in this case that the Commonwealth itself acted unreasonably or negligently.
7. Assigning liability to the Commonwealth would wrongly conflate an individual’s unauthorised act with the conduct of the government. The acts of a rogue police officer, for example, are not generally indicative of a systemic issue and negligence on the Government's behalf. Is it reasonable that the Government be held accountable for hundreds of thousands of dollars where an administrative error or rogue agent causes minor, temporary loss which the Commonwealth moves promptly to remedy.
The Plaintiff has lied throughout this case, and even perjured themselves.
Instead of promptly correcting the error, DCT officials doubled down. They ignored the Plaintiff’s urgent Discord ticket and falsely insisted nothing was amiss. This compounded the breach – a reasonable department would have quickly reviewed the timeline and reversed the eviction.
1. The basis of the complaint when first opening the ticket was that my plots had been evicted before seven days had passed and I questioned the legality of this.
4. I did not raise any concern with dearev’s timezone in the initial ticket because I wasn’t sure his exact timezone, and that information isn’t mine to provide or know.
5. I am unsure when I initially raised the complain of Dearev’s timezone.
Instead of promptly correcting the error, DCT officials doubled down. They ignored the Plaintiff’s urgent Discord ticket and falsely insisted nothing was amiss. This compounded the breach – a reasonable department would have quickly reviewed the timeline and reversed the eviction.
1. The basis of the complaint when first opening the ticket was that my plots had been evicted before seven days had passed and I questioned the legality of this.
4. I did not raise any concern with dearev’s timezone in the initial ticket because I wasn’t sure his exact timezone, and that information isn’t mine to provide or know.
5. I am unsure when I initially raised the complain of Dearev’s timezone.
The material fact: whether the plots were evicted on July 31 (lawful) or July 30 (unlawful) in Dearev’s timezone. The misrepresentation: xEndeavour told the Plaintiff that “properties were evicted on 31 Jul” and thus the eviction was proper. This was false. We know from the evidence – and Dearev’s own admissions – that the plots were actually evicted on July 30 in the relevant timezone
(2) Deferral of Responsibility - a worker cannot be held legally accountable where there is a deficiency in training provided by the employer, where training would reasonably be required.
(2) A worker cannot be sued for their individual actions when they are in accordance with lawful organisational directions and policy.
(a) The employer assumes all legal liability where policy is followed or the policy is unlawful.
Objection
Perjury
The plaintiff has admitted in their own testimony that:
1. The initial complaint in the Discord ticket concerned plot eviction timing, not the timezone of Dearev.
2. They did not raise any concerns regarding Dearev’s timezone in the initial ticket.
In their closing statement, the plaintiff claims that DCT officials ignored their urgent Discord ticket regarding this matter and implies the primary concern of this case (dearev's timezone) was mishandled. This directly contradicts their prior testimony and the several times it has been argued throughout this case.
The plaintiff cannot claim that the Department ignored a concern that, by their own admission, was not raised in the initial ticket. This misrepresentation is material to the case and constitutes perjury, as it knowingly misstates the facts to influence the outcome of the case.
Testimony:
Closing Statement:
Your Honor,
These two are not in contradiction. "Ignore" here is used in the idiomatic sense of "to do nothing about or in response to" (such as "he ignored warning signs" or "even though he knew the law, he ignored it and shot her dead cold"), not in the literal sense of "to refuse to show that you hear or see" (e.g. "I can't believe she's ingoring my texts").
The ignoring of the Plaintiff's pleas for assistance are borne out by evidence-in-case, namely P-002, where the DCT essentially told the Plaintiff to go pound sand, repeatedly attempted to close the ticket, and failed to do due diligence as to whether or not the eviction took place 7 days after the report was made. In that sense, the Plaintiff's pleas for assistance were ignored - the DCT took no action to remedy the situation.
Separately: we are arguing improper predetermination here - in other words, we are trying to demonstrate that the DCT did falsely insist nothing was amiss and that this did breach the DCT's duty of care established by prior precedent (BananaNova v. Commonwealth of Redmont [2024] FCR 44) to "do their due diligence in regards to the matter at hand" and "inform[] the plaintiff that [a DCT agent] had made a mistake before putting the plot to auction". As previously noted by your honor after opposing counsel's prior objections on what essentially is the same substantial question, this is a coherent legal argument, not a false factual claim as movant incorrectly asserts.
Objection
Perjury
The plaintiff has admitted in their own testimony that:
1. The initial complaint in the Discord ticket concerned plot eviction timing, not the timezone of Dearev.
2. They did not raise any concerns regarding Dearev’s timezone in the initial ticket.
In their closing statement, the plaintiff claims that DCT officials ignored their urgent Discord ticket regarding this matter and implies the primary concern of this case (dearev's timezone) was mishandled. This directly contradicts their prior testimony and the several times it has been argued throughout this case.
The plaintiff cannot claim that the Department ignored a concern that, by their own admission, was not raised in the initial ticket. This misrepresentation is material to the case and constitutes perjury, as it knowingly misstates the facts to influence the outcome of the case.
Testimony:
Closing Statement:
Overruled, this is a factual disagreement that the Court already noted in its Predetermination Order. As to the Commonwealth's point, I'd agree. Plaintiff's use of "ignored" isn't colloquially appropriate and may cause confusion or judicial misapprehension.
That being said, the Court doesn't see a material harm. This is something so readily apparent in P-002 as to make Plaintiff's argument in Closing Statement simply in support of what is in evidence. If P-002 didnt exist, this would be a different story.