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Dimitre Popov Legal Fund

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Statement by Dimitre Popov on his battle with the Federal Court for the constitutional rights of ordinary Canadians

Please note: The reading below is based on my personal experience and knowledge, and expresses my personal views. I have no intention to offend anybody, but I also have no intention to suppress my morals and concerns for the rights of Canadians just for fear of retaliation by individuals vested with enormous powers and authority while in public office and in a position of trust. 

I swear, if it were just “about me,” I would have never allowed myself to become involved in a proceeding without a lawyer in the Federal Court of Canada.  Instead, I would have tried to stay away from it – regardless of the pain and suffering caused to me by a financially powerful corporation or person, and regardless of my paper legal rights to any remedy if I were to argue on my own with the other party’s lawyer/s.        

However, in the last 2 years, I have been profoundly involved in a legal battle against an insurance company and one of its managers. 

The insurer allegedly (I have the evidence to prove it) showed on several occasions disregard for the legal rights of a young Canadian (“complainant”) who was seeking health benefits under an insurance policy with it.   

A lawyer who reviewed the documents said that there was sufficient evidence for a lawsuit against the insurer.  He, however, declined to take on the case because, I think, the possible compensation for this violation would not be enough to justify the lawyer’s efforts and time given that we approached him on contingency fee basis. 

One law firm asked for $32,939 to act as a legal representative for this young woman, the complainant.  I had discovered that a court may award in such cases compensation of up to $5,000 – something the law firm did not make known to me when we discussed their fees.  

Consequently, this young Canadian realized that she is unable to seek justice through the court of law for suffering caused by the insurer due to the fact that pursuing justice with a lawyer would cost her as much as 6 times the amount of the possible remedy. 

I contacted several organizations and lawyers known as strong advocates for access to the justice system and defenders of the rule of law.  It was clearly explained to them in writing that the case for which their help was sought was about the issue of access to the justice system and how this case would be in the interest of Canadians.  Two lawyers responded with “Sorry, I can’t help you.”  The rest showed utter ignorance and contempt by remaining silent after begging letters were sent to each of them 3 times.   

The suffering young Canadian had no chance to prevail as self-represented in a legal dispute with an insurer represented by a lawyer who is helped by his legal team.  She has no knowledge, training, experience, and time.  Not to mention that if she were to lose (in such an unjust battle), she would be, in all likelihood, responsible for the legal expenses paid by the insurer to its lawyer. 

Apparently, one of the main reasons why powerful companies and individuals engage in despicable practices with impunity is because of the knowledge and confidence that the sheer cost of combating them through the legal system protects them from all reprisals.   

The young Canadian agreed with me that it would be in the interest of Canadians if the insurer faces legal consequences for its, allegedly, ignorance of the law.  That is why she consented to the commencement of legal action against the insurer and one of its managers BUT only on the condition that I act as her representative at all times (of course for free).   

The case I filed was NOT about money at all.  It was about accountability and responsibility. It was about protecting Canadians. MOREOVER, in the statement of claim, we asked the court for remedies, “to be paid to this Honourable Court or United Way Centraide Canada or the Applicant” 

It was clear to me that my devotion to stand up for the rights and interests of ordinary Canadians in the Federal Court would cost me very much in terms of health and missed income opportunities – all impacting my family and parents (my dad passed away this year).   

My real legal problem in fact began when it became evident to me that I was facing another opposing party so strong and powerful that I would need a miracle to defeat it.  Its name is the Federal Court of Canada.   

It is obvious to me now that this court is unfriendly towards Canadians who seek justice without a lawyer which explains why Canadians without a lawyer are placed by this court in harsh legal conditions and an underdog position, contrary to due process.  All this discloses one of the reasons that prevents so many Canadians in need of a court decision from accessing our so-called “justice system.”    

Despite the court’s prejudicial mindset, I will continue with this lawsuit in an effort to persuade the Federal Court to uphold the rule of law and the right of Canadians guaranteed by the Canadian Charter of Rights and Freedoms.   

Currently before the Federal Court of Appeal is an appeal from an order of a judge from the Federal Court who ruled against us.  His reasons for the judgment seem inconsistent with the relevant laws.  The appeal will be decided by 3 judges from the court.   

For more information about this lawsuit, visit the organization of which I am a founder:   

I DO ASK Canadians, who can afford it, to provide FINANCIAL SUPPORT for this legal battle.  Since no one - except me but treated unfriendly by the court - represents the public interest in this proceeding, hiring a lawyer to intervene in the lawsuit as a true representative of the interests of the public is crucial.        

I am begging you to DONATE NOW !!!


Dimitre Popov
North York, ON

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