Elliot McDavid Proof of Claim Feb 1 2025 (info in description)

Date : January 21, 2025
ATB Financial
#2100 10020 100Str. NW
Edmonton, Alberta T5J 0N3
Attention: CEO Curtis Strange
Miller Thomson
#2700-10155-102Str.
Edmonton, Alberta T5J 4G8
Attention: Susy Trace (strace@millerthomson.com)
Reference Account
#21907199-33999205700

Notice Proof of Claim

i, Elliot-James-Edward, (Elliot) do herein communicate with you, CEO Curtis Strange, of ATB Financial (ATBF) and Stacy Trace of Miller Thomson, regarding the matter of;
Account #21907199-33999205700
This Notice of Proof of Claim is written by a man, in the language that i am accustomed to and is not to be taken as written in proper English. Any words that have an Asterix. (*refer to their legal meaning) and any of the legal maxims, are not to be taken as a *meeting of the minds, since i am not a lawyer and are written only to be more specific in this letter. i further state that i, Elliot, claim under Article 16, United Nations Charter of Human Rights, do so waive my right to be seen as a legal *person. For i, Elliot, the man, am not ELLIOT JAMES EDWARD MCDAVID as written on my birth certificate, SIN# (Social Insurance Number), and all other documents with variations thereof, since i was born. These entities are creations of the CROWN in which to conduct commerce, without my knowledge nor the capacity to contract, due to infancy at the time of negotiation. (Nemo ex alterius facto praegravari debet) No man ought to be burdened in consequence of another's act. i recind obligation as obligor due to infancy and *Fraud in the Factum. (Quando duo jura concurrunt in una persona, aeque est ac si essent in diversis) When two rights concur in one person, it is the same as if they were in two separate persons; (Disperata non decet jungi) unequal things ought not be joined.
Uniform Commercial Code: UCC 3-305 DEFENSES AND CLAIMS IN RECOUPMENT.
(a) Except as otherwise provided in this section, the right to enforce the obligation of a party to pay an instrument is subject to the following:
(1) a defense of the obligor based on (i) infancy of the obligor to the extent it is a defense to a simple contract (ii) duress, lack of legal capacity, or illegality of the transaction which, under other law, nullifies the obligation of the obligor, (iii) fraud that induced the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn of its character or essential terms, or (iv) discharge of the obligor in insolvensy proceedings;...(c)...An obligor is not obliged to pay the instrument if the person seeking enforcement of the instrument does not have rights of a holder-in-due-course and the obligor proves that the instrument is a lost or stolen instrument.
For your information and understanding, i am joint recipient and co-user of both the *person registered upon the Registration of Live Birth Record and SIN#, established for this *person, and all variations thereof. (Longa possessio parit jus possidendi, et tollit actionem vero domino) Long possession produces the right of possession, and takes away from the true owner his actions. For this *person is the property of the CROWN and i am joindered to it. Alberta Rules of Court, King's Bench; Rule 3.46(1)(a)(b) Third party becomes a party, and 3.49(1)(c)(i)(ii) liability. Furthermore, Rule 5.4(1)(2)(a)(b)(c)(3) appointment of the corporate representative.
(See: CUELENAERE LLP and BRADY QUIRING; Claim No. 305 [2019] Prov. Court of Saskatchewan (Civil Div.) Judicial Centre of Saskatoon. (A case involving joinder)
It is evident that there are more than two parties to the Agreements, loans, mortgages, and/or securities et al, as yet to be ascertained. Therefore, i, Elliot, the man, do so communicate in *good faith to resolve this matter to the satisfaction of all parties to whom this concerns. As in all contracts there must be *lawful consideration, *disclosure, *certanty of meaning, amongst other things.(*Glossa is being used to deceive)
This notice is subject, but not limited to the following questions and conditions, to be answered, in writing, and sent by registered mail to me at the above address.
1) Provide certified copies of the contract, document, agreement related to this matter. Do you or do you not have possession of the document? Yes or No? (Solvendo quisque pro alio, licet invito et ignorante, liberat eum) Anybody who pays on behalf of somebody else frees that person of the obligation, even without the person's knowledge or consent. Dig. 3.5.38
Anyone making a claim against another, ATBF, must be the holder-in-due-course of the contract to demand the performance/obligation, of another.
See: Clearfield Trust Co. v. United States 318 U.S. 363-371, 1942 (a Doctrine in commerce and accepted worldwide)
2) Are these contracts, agreements, documents written as legal documents? Yes or No?
3) What language are they written in? English? For as stated previously, i am not a lawyer therefore there can be no *meeting of the minds. (Scientia itrimque par pares contrahentes facit) Equal knowledge on both sides makes the contracting parties equal. (Capacity to contract)
4) Did ATBF give full disclosure on the Account in question as to:
- Who is the trustee? Provide the name of the trustee.
- Should i be taken as the trustee, then a copy of my billing for services, rendered since the onset of this Account, will be forthcoming. Fees not to exceed .5% as is customary for trusts in excess of two (2) Billion dollars.
- Where did ATBF send the SIN# requested at the time of negotiation? Show evidence as to where or who has this information under penalty of *perjury. Privacy regulations notwithstanding.
- Did ATFB become the fiduciary for the Account? Yes or No? Who is fiduciary for the account and consideration?
- Does ATBF conduct its corporation using G.A.A.P? ( General accepted Accounting Principles) i require a complete accounting of the transactions regarding this account from the date the signature was put on until the present day. The recordings of the assets shown as the Debits and Credits. (Si aliquid ex solemnibus deficiat, cum aequitas poscit subveniendum est) If anything is lacking from formal requirements, when equity requires, it will be supplied.
5) Did not my signature create the consideration? Yes or No? What consideration did ATBF provide to make the contract both lawful and legal? Provide proof of ATBF consideration. (L'obligation sans cause, ou sur une fausse cause, ou sur illicite, ne peut avoir aucum effet) An obligation without consideration, or on a false consideration, or on unlawful consideration, cannot have any effect.
6) Is the Account in fact a security? Yes or No?
7) Who is paying the tax on this security, if thus is so? Provide evidence that the CRA is being paid the tax required.
8) Can ATBF demonstrate with proof that they were put at risk by extending the 'said' credit? Yes or No? Provide proof. (Natura fide jussionis sit strictissimi juris et non durat vel extendatatur de re ad rem, de persona ad personam, de tempore ad tempus) The nature of a contract of surityship is strictissimi juris, and does not endure or should not be extended from thing to thing, from person to person, or from time to time.
9) What are the interests? Taxes? Provide proof as to what the interests are.
10) Who is ELLIOT JAMES EDWARD MCDAVID, so written? The living man or a corporate fiction? (Aequitas vult spoliatos, vel deceptos, vel lapsos ante omnia restitui) Equity wishes the plundered, the deceived, and the ruined, above all, to have restitution. For i, Elliot, the living man is being harmed by the operation of this *PERSON.
No man or woman has jurisdiction over another man or woman without their consent. Consent makes the contract and contracts make the law. The burden of proof falls upon the claimant, ATBF in this case. (Nihil tam naturale est quam eo genere quidque dissolvere quo colligatum est; ideo verborum obligatio verbis tollitur; nudi consensus obligatio contractario consensu dissolvitur) Nothing is so natural as to dissolve anything in the way in which it was bound together; therefore the obligation in words is taken by words; the obligation of mere consent is dissolved by the contrary consent.(Nemo locupletari potest cum alterius iatura) Nobody can be made rich at the expense of another. Is this not involuntary servitude?
In closing i reiterate and rebut any presumption or assumption that i, Elliot-James-Edward, be re-presented as one ELLIOT JAMES EDWARD MCDAVID, so written and any variation thereof due to *fraud in the factum. UCC 3-305 (a)(1)(iii) noted above, for i am a *stranger in the matter and seek a peaceful, honest, and truthful resolution to this matter having not been given full disclosure at the time of the signature put upon the account. It is apparent that *barratry may be afoot in this matter. See: Criminal Code of Canada; SECTION 380(1)(a); "Defrauds the public", everyone who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, any property, money or valuable security or any service...inter alia...can be prosecuted summarily or by indictment.

ATFB has fourteen (14) days from receipt of this; Notice Proof of Claim, to answer the aforementioned questions, in writing, sent by certified mail. All alleged outstanding amounts are to be balanced as per G.A.A.P. practises and disclosed in writing, showing a zero balance. A written letter to me, confirming that no report of a disparaging nature will be sent or given to any creditor or credit reporting agency.
No response will be taken as tacit admission that ATBF is no longer the holder-in-due-course of the contract, the instrument is a security, and that the taxes have not been paid to the CRA, all other questions and truths contained herein notwithstanding.
i remain with all my unalienable rights and exercised dominion.
By: ..................................................................
Elliot-James-Edward
All rights reserved without prejudice

Dated: February 1, 2025
Miller Thomson LLP
Commerce Place
10155-102 Street, Suite 2700
Edmonton, Alberta T5J 4G8
strace@millerthomson.com

CC.Judicial Centre of Edmonton Court File No. 2303 10871

File Number: 0072100.0473

Dear Susy Trace,
Thank you for your letter with the attached Service List. The documents sent via Titanfile Link are indeed large, some at over 75 pages.
You mentioned an offer to answer any questions or concerns regarding that communication, dated January 30, 2025. i accept that offer and do have both questions and concerns.
Specifically the Jan.23, 2025; Form 27 APPLICATION BY THE PLAINTIFF FOR ORDER CONFIRMING SALE AND VESTING TITLE and your letter with the Service List. These are the only documents that i've been able to peruse and try to comprehend their meanings.
My documents were sent on Jan. 25, 2025 and received on Jan.27, 2025 giving 21 days for a response. This date will be well past the court date of February 7, 2025 thus my Notice Proof of Claim will most likely go unanswered. Therefore, i apologise for having to reiterate some of that document. Your communications to me are lengthy and written in a language i'm unfamiliar with, whereas, my communications are not. There is no meeting of the minds.
i assume that the meanings are taken from a Black's Law Dictionary as that is the source for legal wording and their definitions. Therefore, to be certain of the terms contained in the documents and the Acts stated within the above noted documents please confirm the following meanings as they pertain to this matter:
Land; person; estate; interest; legal; equitable; instrument; shall; may be made; occupants; province; include(s)(ing)[ inclusio unius est exclusio alterius]; NOTICE; AND UPON; mortgage; defendant and "Organized Pseudolegal Commercial Arguments"
SERVICE LIST
1) Why are the names of the defendants(corporation entities) converted from Upper case on official legal court records[ corporations], to lower case as would be used in the standard context?[ wo(man)] Is this the use of glossa?
2) Why are name and counsel with entities therein put in boxes?
3) Why are the various names on this list? Specify any monetary or other reasoning for each entity or name.
4) Why is 2504787 Alberta Ltd. on this list? Is it not a conflict of interest that 2504787 Alberta Ltd. was also noted on page 4, 8(b) having put in an 'unconditional' offer of $350,000.00, without recording KMSC Law LLP? ( They having incorporated Mar. 28, 2023)
5) The County of Grande Prairie No.1; is incorporated and is therefore subject to a contract for property tax. Is that why they are noted?
6) His Majesty The King In Right Of Canada As Represented By The Minister Of National Revenue; c/o CRA Elizabeth Briere having been appointed Dec. 20, 2024 as the new Minister for CRA a corporporation. The King is the CEO for the CROWN, a corporation in right of Canada, Canada also a corporation. Supreme Court of Canada [1980] 1 S.C.R. 54 Dated 1979-12-21 "Further, although s.91(1) gave the Queen the power, with the advice and consent of the Senate and the House of Commons, to alter the "Constitution of Canada" except in certain expressly designated areas, it does not confer a power to ammend the B.N.A. Act [which ceased to exist in 1901 when Queen Victoria died having removed her 'heirs and successors' via the Statute Law Revision Act 1893 Sec. 2B] The word 'Canada' in s.91(1) does not refer to Canada as a geographical unit but refers to the juristic federal unit. Furthermore, Canada in the Interpretation Act for the Statutes of Canada: Definitions 35(1) In every enactment, Canada, for greater certainty, includes the internal waters of Canada and the territorial seas of Canada;(Canada) Internal Waters (a) in relation to Canada, means the internal waters of Canada as determined under the Oceans Act and includes the airspace above and the bed and subsoil below those waters, and (b) in relation to any other state, means the waters on the landward side of the baselines of the territorial sea of the other state. There is no land, terra firma mentioned anywhere for a corporation is an entity a creation, a fiction. Person, or any word or expression descriptive of a person, includes a corporation; (personne)
Where is the contract that i have with the King in Right of Canada/CRA to be so written? Provide the contract and proof that the CRA has a right to taxation.
7) Page 5, #19 Alberta Rules of Court;
1.1(2) [not noted therein] These rules also govern all persons who come to Court for resolution of a claim, whether the person is a self-represented litigant or is represented by a lawyer. i should not be prejudiced as being vexatious, belligerent, or any such negative terms for mistakes made in the past. i am but a man, verus, having suffered greatly in the past 4 years like so many other wo(men) finding themselves in court, without the knowledge of what is happening nor with full comprehension of the words used therein, notwithstanding that i am man and therefore stand firm in this truth, GOD as my creator and man a co-creator.
1.2(c); to encourage the parties to resolve the claim themselves, by agreement, with or without assisstance, as early in the process as practicable. i agree and have made every effort to do so.
1.3(2); A remedy may be granted by the court whether or not it is claimed or sought in an action. This is just if used with honesty, impartiality, and fairly.
1.4(1)(a); grant, refuse or dismiss an application or proceeding (ii) an abuse of process or (h) adjourn or stay all or any part of an action, application or proceeding, extend the time for doing anything in the proceeding, or stay the effect of a judgement or order (j) include any information in a judgement or order that the Court considers necessary. i submit that RULE 3.46 (1)(a)(b);(2)(a)(b);(3) Third party defendant becomes party, be enforced because i am joindered to the all caps corporation through my registation of Live Birth Record, Birth Certificate, and Social Insurance Number SIN et al thus the CROWN corporation is the owner of the name ELLIOT JAMES EDWARD MCDAVID et al, in order to conduct commerce. Unbeknownst to me as an infant at the time of negotiation and only recently discovering this revelation. (UCC 3-305 DEFENSES AND CLAIMS RECOUPMENT (a)(1)(i)infancy of the obligor to the extent it is a defense to a simple contract (ii) duress, lack of legal capacity...(iii) Fraud that induced the obligor to sign the instrument with neither knowledge nor reasonable opportunity to learn of its character or its essential terms (iv) discharge of the obligor in insolvency proceedings. ( (iii) Fraud in the Factum, fraud voids all)
6.11(f) Evidence at application hearings;...submit the evidence...written notice of that party's intention 5 days or more before the application is scheduled to be heard... ( For i have only just received the enormous amount of pages in the affidavits listed, being given the minimum amount of time in 6.11(f) )
Part 9 Division 5; Foreclosure Actions; Document of Facts enclosed.
The Statement of Facts herein enclosed, is to clarify the truth of the matter and will remain as Facts until the material evidence to the contrary is presented as valid. Thank you again, Susy, for making the offer to answer questions and address concerns. It's very much appreciated. A response is expected 48hrs after receiving.
By: .........................................................
All Rights Reserved and Without Prejudice Elliot-James-Edward