On Tuesday, June 14, 2016 10:17 PM, John Kuntz <kuntz_jd@yahoo.ca> wrote:
Hello Joe Adam,
Editor, Canadian Legal and Judicial Blogs
Keep up the good work - you have an enormous task ahead of you and I would be glad to provide any assistance based my experience of three decades of involvement in the search for justice in the corrupt courts of Canada.
The new Justin Trudeau government just launched a new Department of Innovation to exploit Canadian inventiveness as a major part of the new government plans to expand the economy of Canada. This plan is doomed to failure because the government has not recognized that Canada's corrupt legal system makes this country a hostile environment for innovation and an unsafe place for patent development and manufacture of new products.
I am the seminal inventor of artificial disc replacement which was invented in British Columbia in 1979 and was filed for US patent protection in 1980 and was granted the seminal patent US4349921 on September 21,1982 for 52 claims. This was the patent that laid down the foundations for a new global medical manufacturing industry by major companies in Europe and North America which was expected to be worth 12 Billion USD annually by 2015. I was condemned, ridiculed, sued for $300 million, suspended, defrocked, erased from the medical registrar, banned from medical practice in Canada, and globally blacklisted from working in my profession throughout the English speaking world. However my ideas thrived in exile even though my home was arsoned, my remaining assets seized, and my livelihood and source of income extinguished so that I could never defend my patents as they were being infringed around the globe, first in the USSR, then Germany and France, and finally in the USA. Infringed portfolios of my patents by small companies were being purchased by major companies for an average price of $325 - 375 million USD and I was able to locate over $20 Billion paid by the majors for these infringed patent portfolios by over a hundred companies around the globe involved in the manufacture of artificial discs for the spine using the 52 claims granted in US patent 4,349,921.
The above statement is easily verified at freepatentsonline.com. In their search engine, simply type in US4349921 and it should open my US patent granted September 21, 1982 when my address was 899 Lahakas Blvd, Kitimat, British Columbia. The patent contains a link to "Primary CLASS: 623/17.16". Click on that link and it lists 1389 other US patents listed chronologically that cite Kuntz patent US 4349921. There are 28 pages of other patents listed chronologically. If you go to the end of that list which is page 28, number 1388 is the Kuntz patent because the first seminal patents filed are at the bottom of the list (on page 28), whereas the latest patents filed in 2016 are at the top of the list (page 1). The only other patent below the Kuntz patent (patent number 1389) is an unrelated patent made of a soft rubbery elastomer which has no relationship to the design and 52 Claims granted for the substantially rigid Kuntz patent made of metals and acrylic and high density polyethylene. This is the seminal patent that started this new global direction in spine surgery which has since been endorsed, copied, manufactured and exported around the world to benefit every other country but Canada where it was invented. As the inventor I am still being banished for this medical innovation in spine surgery that Canada is now importing from other countries infringing my patents while my own country is still refusing to acknowledge that it was invented in Canada. That is why the plan for for a new Canadian Department of Innovation should be considered void ab initio until this country deals with the real problem of judicial racketeering which makes Canada a hostile environment for investment in new ideas and patent development.
This case involves the largest theft of intellectual property that has ever occurred in Canada and it was all facilitated by crooked lawyers and judges acting in criminal contempt of Court to deny me the basic 1982 Canadian Charter of Rights and Freedom S.7 Charter right to cross-examine and expose the scientific fraud of my accusers. My invention became the subject of the largest medical malpractice lawsuit and insurance fraud ever concocted against a single doctor in North America. I became the subject of a WCB-funded $300 million Rita Linnea Harriet Wilson Class Action alleging injury to 1900 patients (that did not exist) who were allegedly subjected to experimental surgery described as disc replacement using methyl methacrylate acrylic (which was not experimental in Canada or the rest of the world in the disc spaces of humans since 1955). MMA had been used at the Montreal Neurological Institute for at least 20 years in the spine and was declared safe and advantageous for this same usage in Canada when I first used it a quarter of a century later on June 29, 1979 which was long after it was globally accepted as safe by informed spinal surgeons around the world and elsewhere in Canada.
The case concocted against me was touted in the Press as the largest medical malpractice case in history and I was suspended without a hearing in 1986 and erased from the medical register in 1988 (before the 1990 Class Action trial) by the quasi-judicial licensing body, the College of Physicians and Surgeons of B.C. The College Council was in conflict because it was being blackmailed by another quasi-judicial body which was the Workers Compensation Board of British Columbia which was engaged in anti-competitive economic activity against myself for doing successful pro bono spine surgery for the disenfranchised and abandoned Injured Worker Napoli and was the only expert witness for Napoli in the landmark Napoli v. WCB case which the subject of the legal landmark Bouck judgment of February 9, 1981 which was appealed and upheld July 7, 1981 at the BCCA. This was the case that opened tens of thousands of closed WCB files to cross-examination to Injured Workers and their lawyers for the first time in history during appeals of their previously rejected WCB claims involving theft of their legitimate insured benefits while disability went untreated. The WCB records indicate the crooked WCB consultants conspired to have me suspended which was an act of criminal obstruction of justice to defame Napoli's only expert witness at a time when I was the busiest spine surgeon in B.C. and practising where I was most needed - in Kitimat in the remote underserviced Northwest quarter of B.C. where I flew helicopter and delivered outreach clinics to remote parts of the province where I was the only orthopaedic or neurosurgeons for 15 years in one quarter of the province.
The WCB placed the College licensing body in conflict of interest because the WCB had secretly served the College as a covert co-defendant by filing a secret second undisclosed Writ in the same Class Action case which now added the College and Hospitals where I worked as covert co-defendants in a case that was never disclosed to myself because my lawyers retained by CMPA were the same lawyers acting unsuccessfuly for the WCB in the appeal of the Napoli v. WCB case where the outcome adverse to WCB interests and CMPA interests (CMPA insured the crooked WCB consultants) threatened to bankrupt both the WCB and the CMPA. In short, the WCB blackmailed the College Council which failed to disclose their conflict and sat in judgment and erased their own co-defendant Kuntz to silence the witness against themselves in a case they had helped the WCB concoct against me for "experimental surgery" because they had a $300 million interest in the outcome of their own judgment. The two Class Action cases were then secretly dismissed in a closed court from which I was excluded from participation even though I was the only publicly identified defendant ever named. The two Class Actions were was quietly dismissed in my favor but the BCSC Justice Lance Finch - who was in conflict as a former CMPA lawyer doing favors for his former benefactors - sat in economic conflict of interest. Justice Finch was doing favors for friends and left NO WRITTEN REASONS FOR JUDGMENT when he secretly dismissed the largest medical malpractice case in history. He was protecting the identity of the secret College and Hospitals named as co-defendants with myself in the second undisclosed Class Action. He was also involved in judicial racketeering to assist the CMPA to sustain the false myth that they concocted implying that they faced a $300 million liability which was an insurance fraud CMPA was perpetuating on government to justify retaining taxpayer subsidies paid by government to doctors for the increase in CMPA premiums based upon the false myth that they faced a $300 million unfunded liabilty for the 1900 cases that were secretly dismissed by Justice Finch on July 16, 1990. The judge failed to publish Written Reasons for Judgment to assist his former CMPA benefactors to retain the taxpayer subsudies taken in fraud. Justice Finch and his cohorts then laundered the Courthouse files of all traces of the record indicating that the Class Action case against me that he had dismissed had ever even existed even though the charges defaming me had been headline news in newspapers across North America before the secret trial.
I was denied the Charter right to attend my own trial and the case was secretly dismissed by Justice Finch leaving no paper trail so I could never be vindicated and so that the Public could never learn the identity of the secret co-defendant which was the College of Physicians and Surgeons that had concocted the case in collusion with the WCB, MSP and CMPA against me before the College Council then erased me to discredit the witness against themselves in advance of the Class Action trial. They were all working in collusion with crooked lawyers and judges to aid and abet the theft of intellectual property by the doctors involved and the ongoing insurance fraud by the CMPA against the taxpayers of Canada which they utilized to expand the CMPA unfunded liability fund for the defense of a case which had already been secretly extinguished in the closed courtroom of the former Guild Yule CMPA lawyer Mr. Justice Lance Finch who was rewarded for his crime with a promotion as Chief Justice of B.C..
That is why Canada should dissolve its new Department of Innovation because Canada will remain as a hostile environment for development of new ideas until such time that it has investigated and laid charges and convicted the doctors, lawyers and judges involved in criminal obstruction of justice. There is no room in Canada for inventors and innovators until this country purges the judiciary which is the first step in creating a new environment where it is safe to invent and innovate and expand the Canadian economy without being punished by people in authority who enjoy and abuse a presumption of regularity while quashing innovation and competition and stealing intellectual property for the personal enrichment of themselves and their friends.
The federal government is funding the Universities but the Universities are at war with the private sector and stealing intellectual property from the private sector. The theft of my intellectual property involved a cartel of Orthopaedic Professors from the University of Toronto and the University of British Columbia who profited economically from abuse of their University Chairs by assisting the WCB to direct anti-competitive economic activity against a member of the private sector while one of these Professors infringed my intellectual property USA patent 4349921.
All of the lawyers and judges involved were in conflict and when exposed, refused to step down which was a violation of S.28 (1) of the federal Supreme Court Act which governs the behavior of judges. I complained to the Canadian Judicial Council but functioned as an early warning system for aberrant judges who then stalked their critic from the bench in retaliation. Three of the judges I sought to impeach - Justice Esson, Justice McEachern and Justice Beverley McLachlin all stalked me from the bench and refused to recuse themselves by sitting in judgment of their accuser after their own prior involvement in the lower courts in judging the same cause or matter before their appointments to the higher court. This constituted criminal abuse of authority in violation of S.28 (1) of the federal Supreme Court Act which precluded their further involvement to cause harm to their critic for having complained about them to the Canadian Judicial Council.
I was denied Canadian Charter of Rights and Freedoms S.7 right to cross-examine and expose the conflicts and scientific fraud of my accusers, and denied the S.11 (d) Charter right to be considered innocent before a fair hearing by an independent and impartial tribunal which ought to have precluded participation of the Council of the College and judges who had prior involvement, refused to recuse themselves, and sat in conflict of interest. The judges behaved as gossip-mongers and accomplices of my accusers and abused their judgments as platforms to disseminate false, untested, derogatory, defamatory portions of a false, untested, judicially sealed College Investigation Report that was already protected and banned from circulation by a BCSC seal and distribution ban which was contested by the College and upheld by a judge of the B.C. Court of Appeal. The law-breaking doctors, lawyers and judges all acted in Criminal contempt of Court and the judges knowingly abused their judgments to circulate pages of that sealed Report which they knew was a false untested judicially sealed document replete with compound hearsay which these tainted judges then distributed onto the shelves of every Law Library in Canada. In short, I was being subjected to compound criminal defamation by judges that were sitting in conflict all the way up the Chief Justice of the Supreme Court of Canada. They were violating the Charter, the judicial seal and distribution ban, and were even violating S.28(1) of the Federal Supreme Court Act which ought to have prevented them from sitting in judgment in the higher court after prior involvement in judging the same cause or matter in the lower Court.
The corruption of the Canadian Courts and the enormity of this Canadian Judicial Crime against Innovation renders the new Department of Innovation void ab initio until such a time that it launches and completes an independent investigation of these judicial crimes of obstruction of justice where lawyers and judges knowingly violated the laws of Canada and the Charter by aiding and abetting theft of intellectual property while facilitating the largest medical malpractice insurance fraud in Canadian history engineered by the CMPA [Canadian Medical Protective Association] and WCB in collusion with the College and BCMA. It involved billions of dollars taken in fraud in the form of government taxpayer subsidies to expand CMPA unfunded liability reserves for a case that was extinguished and the funds were then used to enrich lawyers blackmailing doctors and driving the exodus of surgical specialists from Canada to escape judicial blackmail which is the real cause of the long surgical waiting lists in Canada.
Unresolved judicial racketeering precludes the development of intellectual property in Canada. The resolution requires an international investigation using the powers of Canada and the USA under the auspices of the Racketeer Influenced and Corrupt Organizations Act described as the RICO Laws. The reason this investigation should be international is because the U. of Toronto Professor abused my Canadian copyrighted 292 page book "The Organ of Stress" which reported successful five year follow-ups of up to four level cervical disc replacements and abused that copyrighted work to aid and abet the anti-competitive economic activity of his Vancouver U.B.C. confreres who used my scientific work to condemn, ridicule, and remove me as the seminal Canadian inventor of disc replacement and holder of the seminal US Patent 4349921 while their Toronto affiliate incorporated Health and Research Services in Etobicoke Ontario to infringe my patents. U. of T. Professor of Orthopaedics Dr. John Kostuik then infringed my patents and took the stolen intellectual property across the border for development at the most prestigious medical research institution in North American which was at the Johns Hopkins University in Maryland. Dr. Kostuik exploited my Canadian innovation and invention for his own personal enrichment while hiding the source of his ideas. Not suprisingly he became notorious himself for being the most sued doctor in Maryland.
This was a crime against Canada because by removing myself as the inventor and positioning himself on the world stage as an innovator of disc replacement, none of the economic benefits accrued to Canada where the disc was invented. Not one single job was ever developed in Canada which was intended to be the headquarters for the company I incorporated in 1983 in British Columbia as Kuntz Neuropaedics Research and Development Limited. The defamatory report used by the biased WCB-directed College Investigators to suspend me without a hearing actually ridiculed and condemned my plans to develop an industry to manufacture the disc in British Columbia. Accordingly, Canada received no economic benefits whatsoever from Canadian Innovation which was echoed, endorsed and copied in teaching hospitals around the globe and it is a charade to present this country as a haven for innovation before the government purges the judicial system of law-breaking judges who disrespect the rule of law.
If the Canadian government still wishes to pursue this charade that innovation is the economic solution for Canada's future development, then its first priority must be an investigation of the corruption in the Canadian Justice Department that precludes Canada as a safe haven for development of new intellectual property. This must be an international investigation involving the USA RICO LAWS because the stolen Kuntz intellectual property was taken across the border for the personal enrichment of the doctor that was involved in anti-competitive economic activity and the removal of competition from the seminal inventor in Canada. The investigation must be international in scope because it also involves the USSR, Germany and France where the Kuntz disc was also patented. All of these countries facilitated in the theft and infringement of Canadian intellectual property which was the consequence of judicial racketeering in Canada. If the Canadian government is unwilling to do this and purge the justice system of all the crooked doctors, lawyers and judges involved in criminal obstruction of justice, then it would be best to dissolve the new Department of Innovation and accept Canada's future as a nation of hewers of wood and drawers of water.
Google Scholar is an international source of global scholarly work and if one types "Kuntz" into the Google Scholar Search engine, the second name on the list is my own because I was independently verified as the inventor of the artificial disc replacement. What is noteworthy is that it has also been cited in 1020 other scholarly works around the globe. Each of these references are listed and what is interesting is list of companies who have acquired the rights include many of the major medical device companies in North America and Europe. This should give some insight as to the importance of this Canadian innovation to the world economy and more importantly about the enormous loss of economic opportunity to Canada which allowed its unaccountable judges to abuse the courts to banish the inventor but failed to realize that there is nothing more powerful than an idea whose time has come.
The following is a list of the global patent portfolio granted to J.D. Kuntz of Kitimat which was meant to be the intellectual property foundation for a medical device manufacturing industry providing employment and economic opportunities for Canada. All of these goals were thwarted by crooked doctors, lawyer and judges who violated the laws of Canada and must be made accountable for their abuse of power and intellectual crimes against humanity before the new Department of Innovation can justify its own existence.
- USA patent #4,349,921 September 21, 1982
-Canadian #1,146,301 May 17th, 1983
-European Common #0,042,271 granted 04.09.84
Designated contracting states listed as
CH, DE FR GB IT LI SE
-USSR #1127522 A, 1 abrycta 1984r.
-Brazil No.PI 8103700, granted April 29, 1986
-Mexico No. 187762 1985-86
-Japanese patent application
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