1. old, outdated, opposed to new or novel theories. Unaware of the literature regarding the use of acrylic. Wrong re "hard foreign substance" theory.
2. Kuntz was a former pupil who "left the fold". (A superb technical surgeon.) As a wayward or errant son, Kuntz is not only to be corrected, he is to be crushed, (this is Patterson's motivational pt. of view).
3. originally had no objections to K's procedures (1981 - Patterns of Practice Cttee review)...."
Justice Bruce Cohen who reviewed the sealed Report in May 1987 before then sitting in judgment of Coughlin v. Kuntz ; in 1997 when Mr. Ewachniuk attempted in an unopposed application to reopen the case before Cohen on grounds of scientific fraud and perjury by the key WCB witnesses, Mr. Cohen refused to correct the errors of his own prior judgment which continued to be used as a precedent for subsequent judgments against me for "experimental surgery";
Ujjal Dosanjh Q.C. who during his tenure as Attorney General did nothing to stop the illegal circulation of the sealed Report to obstruct justice;
Hugh Legg Q.C., who considered and summarized the then sealed Report in his erroneous judgment which relied upon the Lysyk judgment in Wilson v. MSC to deny me the section 7 Canadian Charter of Rights and Freedoms right to cross-examine my accusers, the authors of the defamatory untested July 31, 1986 Investigation Report who supported a scientific fraud and who continued to circulate their Report in violation of the seal and circulation ban;
Chief Justice Allan McEachern whom I criticized to the Canadian Judicial Council for appointing stacked benches using judges who had already judged adversely and who retaliated by ordering security of costs deposited with the Court before my appeal could be heard, then limited the two appeals to 21/2 hours, then refused to withdraw when requested by my counsel, then sat in judgment of his own critic and considered the sealed Report filed by Mr. Giles Q.C. and Mr. E. Dolden and did nothing about their contempt of court to undermine cases in the court below;
Justice Mary Southin who judged De Sousa v. Kuntz and then came with prior knowledge in violation of the ancient rule of impermissible partiality to sit in conflict on the five judge BCCA bench where she led the 3-2 majority decision in Kuntz v. College that overturned the existing Order of Justice Oppal for full disclosure of my College file before my appeal of the College erasure hearing and even worse, who extensively quoted four pages of the defamatory untested sealed report in her judgment causing my judicial defamation;
Justice Thomas Braidwood who participated on the BCCA bench of Esson Finch and Braidwood upholding the Hood judgment and quoting four pages of an untested sealed Report causing judicial defamation of my good name;
Arthur Harper Q.C. (Retired) of Harper Grey Easton and Company whose confreres were being sued in the companion case naming the CMPA and the Harper Grey Easton and Company CMPA-retained lawyers including the Bencher Harvey Grey Q.C., Mark Skorah and Barbara Norell whose husband Mr. Herman van Ommen was selected as the not-so-independent Law Society prosecutor of my lawyer Mr. A.Ted Ewachniuke/
"Not one claim is proved to have been wrongly paid. There is not one shred of evidence as to any single individual bill submitted by Dr. Kuntz establishing that there is no request from a referring doctor asking him to carry out an examination under item 5625. It is clear to me from the Act and Regulations that each submission of a bill to be paid is a separate individual claim. (Emphasis added)
In an action for money had and received I do not see how I can possibly speculate, even statistically, as to the amount of money that was probably advanced on a mistaken set of facts. In the result therefore, the action must be dismissed with costs."
"7. All paper copies of profiles and mini-profiles representing the period prior to the 1986/1987 fiscal year are to be destroyed by confidential shredding immediately. ..."
"THAT DESTRUCTION OF THE RECORDS OF THE PATTERNS OF PRACTICE COMMITTEE BE APPROVED AS SET OUT IN PARAGRAPHS 7, 8 AND 10 OF DR. BOLTON’S MEMORANDUM OF DECEMBER 9, 1993.
"As you may be aware, after representation form the Medical Services Commission, Dr. Bolton was placed on the steering Committee of the Patterns of Practice Committee. Unfortunately, he found it difficult to attend, but Dr. Finlayson since his appointment has attended on a regular basis. The Medical Services Commission has been in possession of the minutes and deliberations of the committee and all matters raised by the Commission have been dealt with...."
"Dr. Finlayson believes that the Plaintiff’s POPC file was later destroyed in the normal course by BCMA staff who were not aware that the Plaintiff’s POPC case file was not to be destroyed."
"...the insertion of the methyl methacrylate prosthetic disc which Dr. Kuntz used in human beings is experimental surgery".
"...the surgery, at this time, is still considered to be experimental and it is felt that, before this surgery is recommended for human use ....the procedure must remain on the experimental surgery list."
"Re: John David Kuntz v. The Workers’ Compensation Board of British Columbia et al Supreme Court Action No. C932720 - my clients, Medical Services Commission, Bolton and Henderson.
"...Please be advised that the Trial Co-ordinator has fixed a date of Hearing of my clients’ application for summary dismissal of your client’s action for March 21, 2001 at 10:00 a.m....Please be informed that upon the hearing of the application my clients will seek an Order that special costs be assessed against you personally in a lump sum to be fixed by the Court."
"These Respondents are asking for security for costs prior to the Applicant’s Leave to Appeal application being considered..." and further requesting: "That leave to appeal to this Honorable Court be dismissed with costs."