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The Kim Whaley Nightmare Continues
An update in my ongoing battle with Kim Whaley.
We will be proceeding with the initial case of negligence against her, and her claim for fees.
They served me with an appointment for discoveries which I attended. Due to my health I was unable to complete the undertakings. I had done most of them and was completing the last few when she took me to court to get an order for the rest of the undertakings and got costs of $1500 against me.
Recently I received, from the court, and Administrative dismissal of my case as it had not been set down for trial within five years. I will be moving to set this aside.
There are number of reasons that it was not set down within five years.
My health has not been good for the last several years. It forced me to close my office and give up the active practice of law. I was under doctor’s orders to rest and not work.
While this was going on she brought another claim against me for libel and slander. It will be interesting because what I wrote is the truth as I experienced it.
At the same time I was concentrating on the Estate Case.
To significantly add to the length of the case was the decision by Whaley to take advantage of a rarely used rule to delay my ability to examine her until my discoveries were completely finished. This is most unusual as most discoveries between the parties are carried on over the same period of time. This decision caused significant delays. I advised them in writing and reminded them of my health, suggesting that delaying my discovery of Whaley could be impacted by my health causing further unnecessary delays.
Before this Whaley brought a Summary Judgement Motion. These are relatively new procedures where appropriate matters are disposed of when the facts are not seriously in dispute if the moving party can show that there is no issue for trial. These are generally not appropriate for Solicitor’s Negligence cases.
it is even more inappropriate in these circumstances where I have not examined Ms. Whaley on my allegations of negligence.
Somehow in her arrogance she claims to have followed my instructions and behaved professionally and competently.
I will not get into all of the questions I have to show how poorly she served me and how she overcharged me. I will save that for my examination of her.
Here are just a few of my complaints about her negligence:
- She served an offer to settle which left out all of the bank accounts that I was claiming. The other counsel brought this up many times in suggesting that I was not originally seeking the bank accounts.
- in my first conversation with her we discussed the importance of pinning down the evidence of Norman Yu my father’s broker. There were several instances in the correspondence where I instruct them to do this, urge them to do this, and they did not. As a result Norman Yu had four years to make up evidence which was false. Had Whaley done her job, that false evidence would not have cost me the case.
- When in August 2012 we brought a motion before Justice Nordheimer to freeze the funds. The evidence of Norman Yu, which was that Harold Laski made it clear that all of the money was to go to Wendi somehow wasn’t raised in this hearing. Because it wasn’t true. And we really never pinned down the evidence of Norman Yu.
- Before the same hearing I instructed Whaley’s office to seek repatriation of any funds that were missing and costs. She refused to follow these instructions to my detriment,
- Although she originally estimated $20,000 to bring an application and get an order for directions. I had paid her approximately $35,000. In October she presented me with another bill in the same range, telling me that these were legitimate charges from June which were “missed.”
- She went ahead and lied saying that I promised to pay the balance.when I saw I was paying almost $10,000 a month and seeing little or no result, I had no intention of continuing with her never mind paying her for this new predatory bill.
There are many other issues relating to her poor handling of my case, the predatory fees, and the lack of professionalism in dealing with me as a client.
Even if she gets to proceed with the Summary Judgement Motion, I will be appealing in arguing that it was not the appropriate forum for a Solicitor’s negligence case.
On top of that, resolving that case will not resolve the slander and defamation case she brought. The facts of that case will be very similar to the one for which she has sought Summary Judgement. The article over which she is suing me, is true, because it’s based on and framed in terms of my opinion and experience of her.
Then there’s the complaint to the Law Society. It is primarily a complaint that repeats the libel and slander claim. The only difference is that she has included a claim against me for recording our initial conversation. She takes the position that lawyers are not supposed to record other lawyers. I never dealt with her as a lawyer. I dealt with her as a client. I am glad I recorded the call because she made a number of representations that she did not fulfill.
The other aspect of that complaint which shows the ethics of Whaley and her lawyers is that originally when I told Whaley about the recording, she threatened me professionally if I ever use them. Subsequently her lawyer, wanted the recording, and in writing represented that if I gave them copies, she would not report me to the Law Society. True to her ethics she did report me.
Interestingly enough, on the complaint itself that was sent to the Law Society, Whaley lists her lawyer as Valery Edwards, Law Pro lawyer.
Law Pro is the insurance provider for lawyers in Ontario. They provide defenses when lawyers are sued. How dare they file a complaint to my professional governing body suggesting that Law Pro is behind the complaint. I have written to Law Pro to inquire and complain about what I consider to be improper conduct. I have twice written to the head of Law Pro and have not received an answer.
The issues surrounding the estate Case were troubling enough. To find myself still fighting this arrogant and vindictive lawyer means I can’t let go of this case yet.
As I’ve said before, if she had pursued my case as viciously as she has pursued me, we might not be in this position.
The above is the opinion and experience of the author as a litigant and a victim.
Trump Wants Out, or Should
Something tells me Donald Trump has buyer’s remorse. He certainly doesn’t look like he’s having fun at this job. It is to borrow a phrase “a shit hole of a job” compared to his old one. He did what he wanted, everybody listened to him and sucked up to him. There was no investigation into his complicated ties with Russian money and other possible sources of blackmail. There may have been talk of him as a sexual predator, but it wasn’t widely known outside of the Howard Stern constituency. There was not the scrutiny of his personal and financial life that he could not control.
I do not get the sense he enjoys dealing with the issues of government. He certainly doesn’t understand how government works and expresses his continual frustration about the people around him and the functioning of the government.
There must be days when he thinks to himself: What do I need this for? I’m over 70 years old. Whether it’s true or not, I believe I’m a rich man with a nice life. People did what I told them to do. I did what I wanted to do. And nobody bothered me. I had my own airplane, furnished more luxuriously than the one I now use. An apartment and other homes that cause me to refer to the White House as a dump
As the threat of the exposure of his financial, personal, and political entanglements of he and his family with Russia becomes more certain, he will look for next strategy. I predict a health crisis which forces him to resign and get back to his old life.
He is one of the few men who has held the White House who really seems to get little or no enjoyment out of the job. All that’s important to Trump is Trump. And Donald Trump appears to be a joyless man in a joyless job. On his exit he will be happier; America will be happier; and the world will be happier.
Don’t Forget Who He Is.
Trump was sent to Washington to shake things up. A reaction to the voters anger from both parties at the governing class.
Today he spoke at the United Nations. He did what no other president has done. He attacked America’s enemies. He said the things that many Americans felt needed to be said.
He has shaken up government. He has attacked the leadership of both parties and has admonished them quite accurately for their failures and lack of accomplishment. When the GOP wouldn’t cooperate and come through, he turned to the Democrats. He doesn’t have an ideology.
These are admirable accomplishments. One must however, remember that this is a lying, pathological, misogynist degenerate.
It is unfortunate that the electorate had no other choice but the governing class they rejected or a corrupt con man.
The Donald Trump Trample
There’s a new dance sweeping the nation. It’s called the Donald Trump Trample. So far the White House staff, Departments of government, Congress, and Scotus are learning how it’s done.
First there’s the Trump Trample on racial and religious groups. From Mexicans to Muslims there’s enough disrespect and hate for all. His tacit support of the Nazis and white supremacists fit in with his concept of America.
Next he does the Trump Trample on individuals. Whether it’s Jeff Sessions, James Comey, the GOP leadership in Congress or the long list of departed staffers. No one but his family is spared. For now. Trump has no shame in publicly bullying and berating people.
Finally and more importantly he does the Trump Trample on the basic rights and freedoms that are the foundation of America. His war on the press has viciously attacked the First Amendment. The greatest and most pathological liar to ever sit in the Oval Office, wants to control the truth. He tacitly encourages violence and hate.
There’s no doubt that everybody’s afraid of the Trump Trample. He runs the country like a reality TV show. Create a fantasy world, crank up the drama and the tension and keep them entertained. He truly believes in his own superiority. Only he can decide what’s lawful or not. If you’re anywhere in government and you don’t fall in line you’re gone.
So far the Trump Trample has worked. He freely trashes institutions, individuals, and civil rights in the most base way built on pathological lies. He has succeeded in intimidating and frightening all around him. He will do the dance until he is recognized as the indispensable leader. His ego, personality disorders, and mental illness, will accept no less
Pence was a Smart Choice?
If Spiro Agnew had remained as vice president, Richard Nixon would never have faced impeachment. No Democrat would trade Richard Nixon for the far right intellectual neanderthal Agnew. Agnew was forced to resign and Jerry Ford replaced him. That sealed Nixon’s fate.
The Democrats face a similar dilemma with Donald Trump’s VP, Mike Pence. For all his problems, Trump seems to be ineffective. He makes a lot of noise. But nothing seems to get done. As an example Secretary as is Mattis put off Donald’s ban of transgender’s in the military.
Pence on the other hand, is a dyed in the wool, Bible thumping, blind and dumb conservative. He would be far more effective in working with the GOP leadership and more dangerous to the Democrats. They would have to get rid of Trump and Pence which can most likely only happen if Dems take the Congress in the midterms.
The GOP leadership would love Pence, but they worry about the backlash from the Trump supporters. Those people who prove Lincoln’s: “you can fool some of the people all of the time”.
It remains to be seen. I think there is no one more dangerous to Trump than Trump. He can’t protect himself from himself. His financial and political worlds will unravel with the Russian revelations and Trump’s inability to get out of his own way. Too many people want him gone in America and around the world. He’s damaging the United States. But worse for him he’s forever damaging his brand as the world gets to see more and more of the real Donald Trump.