DO THE RIGHT THING
I thought I would provide an update on my continuing search for justice from the criminal actions of BMO.
I will set out the present status. A lot of it deals with the attendances at court and my health, a lot of it involves BMO, but more particularly some judges who regardless of my health and medical treatment have put pressure on me to disclose aspects of my health that are not being challenged, and then proceeding in my absence.
DO THE RIGHT THING
BMO’ s failure to consider this approach confirms to me the existence of a criminal culture that I experienced in my dealings with BMO that promoted illegal activity, lying about it and putting that evidence to court, and spending excessive amounts of money to conceal and fight it. My question is just this. If I was wrong. If there was not the criminal culture I experienced, why did no one from BMO ever contact me, own and take responsibility for their action and deal with it properly. DO THE RIGHT THING. The fact that they don’t seem to know what THE RIGHT THING is ,nor have they made any effort to show that they are not the criminals that the evidence shows them to be. Instead they spent your money if you are a customer of BMO to fight the victim. All of their actions and the fact that they have not DONE THE RIGHT THING. Confirms that culture to me.
If they really believed it and practised the ethics of trust and honesty they profess, and what Canadians expect from them, you would think they would be anxious to clear up the matter and demonstrate that they will not tolerate fraud dishonesty or lying. Unfortunately here they not only tolerated but went to great lengths including criminal activity to defendant support it while apparently refusing to do a proper if any investigation. This is strong confirmation of a culture of dishonesty, fraud, arrogance, entitlement, and of an organization apparently devoid of ethics
After the Summary Judgement Motion, I brought an action against all of the parties who had committed perjury and fraud in obtaining the judgement.
It turns out that you can stand on the street corner lie about someone and do serious damage and be sued for libel and slander if it is not true. In our legal system in Ontario, you can go to court, commit perjury and lie, cause damage to the other party, and you are not liable for the damage that your lies under oath were responsible for.
BMO and the other parties brought a motion to dismiss this action and the previous action I brought against them in 2015, based on the argument that had been decided by Conway and was therefore res judicata in that it was already determined. I consented to dismissal of the action that I brought after the summary judgement motion.
I don’t disagree that most of the facts and law that Conway corruptly distorted, despite the breach of her obligations as a judge, are nonetheless final.
The one issue that was not decided by Conway was whether or not
BMO owed me a duty as an executor. They say they do not owe me a duty. I believe they are very wrong. An executor is entitled to any information’s that the deceased would be entitled to.
That breach of duty and the failure to disclose the evidence they allege was from Harold Laski was to cover up the fraud they committed.
I have been in ill health for several years. As a result of my health I had to give up practising law and my house. A great deal of my psychological illnesses are a direct result of the abuse I’ve suffered from a number of judges in this this matter.
The matter initially had come up in front of Justice Chiappetta on April 12, 2018. As a result of which and pursuing torpor instructions, I delivered a notice of discontinuance on the case that I had brought after the summary judgement motion. As far as the other action was concerned although most of the facts I was stuck with from Conway’s perverse judgement I made no argument. The only issue was their duty to tell me as an executor any information I asked for or requested that the deceased would be entitled to. The law is that an executor stands in the shoes of the deceased.
Justice Chiappetta made a very strange order. It is an order that I do not recall ever hearing in such circumstances. She ordered that there be no cross examinations on the affidavits. Neither counsel raised this issue. It was a surprising and unsolicited order from the court which restricted my ability to provide full answer and defense. There are issues in the affidavit of Andrew Parley which are inaccurate and require cross-examination. I was not well and was stunned at the lack of explanation from her and the lack of any response from counsel to this off hand order.
This was just one of the odd and unusual decisions from a number of judges who dealt with this case and made decisions which in my opinion do not appear to conform to my understanding of general judicial standards.
The next time the matter came up with September 10, 2018 before Justice Gloria Wilson. By this time my health was such that I had to appear by CourtCcall, a service used by a number of jurisdictions including Ontario, to provide audio and video connection to the court room.
I was now ill and unable to work.I had a number of medical certificates over the last few years when they were required. I had never had any problem. The note said that for health reasons I was not able to work and I would be reassessed in two months.
Wilson, with no evidence of any kind to suggest that my certified doctor and myself as a solicitor with 40 years experience were misleading the court.expressed dissatisfaction with the note finding that it did not give the reasons I couldn’t proceed.
I explained to her that I do not write the doctor’s notes, nor do I tell them what to put in. I had had a total break down as a result of the corrupt decision of Conway and being defrauded and lied to by BMO. My instructions from my five physicians was that I needed a complete rest and was not capable of working at all as the letter said.Wilson didn’t ask me for any clarification. Nor did she suggest we get further information from the doctor.
With what I view as a total lack of judicial integrity she granted the adjournment which was not being opposed. She ordered me to deliver materials which was clear I would not be well enough to do by that time. Then she went and ordered that the matter be peremptory on me. This means that I could not get it adjourned and had to go ahead on that date. Given my health that order did not seem to make sense. It seemed like a very inappropriate way to deal with the medical certificate. It was certainly not warranted in the circumstances and was inappropriate
The order had no basis in law or fact. That remedy is imposed by a court when one of the parties is delaying the matter unduly. In this case it was the first time up. There was no suggestion by the other party that I had in any way done anything improper or intentional to delay the matter. In my opinion a sad example of ego and judgeitis and was clearly contrary to the standards for judicial behaviour. it showed bias, a lack of impartiality and lack of fairness.
The worst part was that the pressure my doctors were trying to relieve me from so I could be treated was multiplied by the pressure of that decision. I had a relapse which severely affected my life. A further result of that mean-spirited decision was that future judges who dealt with the matter would put pressure on me and remind me that it was peremptory on me.
The next appearance was scheduled for Tuesday, 23 April 2019 before Justice Nishikawa. The Tuesday following the Easter Holiday long weekend
I had been taken by ambulance to Toronto General Hospital, then to Toronto Western Hospital, and back to Toronto General.I was there for 10 or 11 days. I was released late Thursday night right before the Easter Weekend. I was not able to arrange a Court call appearance in such a short time.
I sent the following email to BMO’s counsel Jonathan Chen:
This is further to your email below and our conversation of this morning.
As I advised you I was taken to the hospital April 10 at the Toronto Western where I spent a few days.
I was transferred to TGH I believe on the Friday the 12 and was released late Thursday the 18th.
The hospitalization was the result of my blood sugar being over 30 and my kidneys failing.
Given the Easter weekend, I was unable to get any of the documentation from the hospital.
Again given the holiday I was unable to set up court call even though I tried them several times.
I am not well enough to attend.
His honour had indicated that if I wanted an adjournment I would have to provide medical evidence.
As I say I have not had that opportunity.
Since we last appeared in court I have seen seven different doctors.
I was at my psychiatrist office to discuss a letter from him, when I fell ill and was admitted to the hospital.
I have not left my house save and except for medical appointments in the last several months.
I intend to provide documents from the hospital and my GP and Psychiatrist as evidence of my liabilities and limitations.
The only issue remaining between the parties is whether or not BMO owed to me as an executor a fiduciary duty to advise me with respect to the deceased dealing with his account.
BMO refused when my father died to give me any information. They stonewalled me for four years revealing the evidence one month before the motion. This evidence was used as determinative by judge Conway.
Their failure to provide it precipitated a very expensive four year estate battle causing approximately $400,000 in cost.
Your Honor this is an important issue. Besides their other conduct there should not be a precedent where a bank can deny an executor who stands in the shoes of the deceased.
I have asked Jonathan Chen to bring his cell phone tomorrow morning and if possible call me so that I can participate.
If not I would ask that you adjourn the matter to give me an opportunity to collect the medical evidence
Wayne S. Laski
416-229-1166 direct line
I acknowledge receipt of your below email which appears to suggest that you will not be appearing on the motion scheduled for April 23, 2019.
As you know, our motion to strike was originally scheduled on April 12, 2018 for a full day on September 19, 2018. You took no issue with the hearing date at that time.
About a week before the hearing, we attended before Justice Wilson at Civil Practice Court wherein I requested an adjournment for health reasons but only provided the Court with a one-line medical note that provided no details as to why you could not proceed. Justice Wilson ultimately adjourned the motion to February 11, 2019 on a peremptory basis and required that your responding materials be filed by November 2, 2018. No materials were filed by that deadline.
On January 28, 2019, we appeared again at Civil Practice Court before Justice Nishikawa. Although the hearing was marked peremptory by Justice Wilson, you demanded an adjournment for health reasons. Justice Nishikawa adjourned the motion to April 23, 2019 and required that you file responding materials by March 22, 2019. Justice Nishikawa also endorsed that there would be no further adjournments unless you provide specific information regarding your medical and health limitations from a qualified medical doctor. To date, we have not received responding materials from you or the medical documentation required by Justice Nishikawa.
In the circumstances, we intend to proceed with the motion scheduled for April 23, 2019. In light of your e-mail below, however, we will consider an adjournment provided that you provide us with written confirmation that you have been admitted into a hospital. Specifically, in line with the previous endorsements made to date, we require a medical note from your treating doctor indicating which hospital you have been admitted into, how long you will be admitted and for what reason you have been admitted. If you cannot provide us with a medical note, please have your treating doctor call us. We can be reached at (416) 865-3553 or (416) 865-3093.
We look forward to hearing from you. If we do not hear from you, we will provide this correspondence to the judge hearing the motion next week and will ask that the motion proceed as scheduled.
From: Wayne [mailto:email@example.com]
Sent: Tuesday, April 16, 2019 11:42 AM
To: Jonathan Chen
Cc: Sophie Alexander
Subject: Re: Laski – Motion
Jonathan. I won’t get a chance to read the enclosure. I’m presently in the hospital since last Wednesday and they believe I will be here for a week or two. I will be in touch when I get out
From: Jonathan Chen <firstname.lastname@example.org>
Sent: Tuesday, April 16, 2019 10:03 AM
Cc: Sophie Alexander
Subject: Laski – Motion
We will be filing the attached motion confirmation form today (and before 2PM). Please advise if you have comments.
If we do not hear from you in the next two hours or so, I will amend the form accordingly.
The rules of professional conduct state that Council should agree to a request for an adjournment unless it goes to the merits. It is interesting to note that the instructions from BMO, was to oppose the adjournment and proceed despite my circumstances.
Despite my request I was not connected to the hearing by cell phone. I cannot remember another time in my career where request to appear by phone was never denied unless there was a technical problem.
Nonetheless they continued in my absence. With the email handed to him, Nishikawa, knowing I had just been in the hospital went ahead and gave BMO the order dismissing my case. Even the one part which is definitely a triable issue, their obligation to provide me as an executor any information the deceased would be entitled to.
Also, without argument he awarded $20,000 in costs against me in favour of BMO. Here’s another example of them getting to commit fraud lie and put false evidence in the court, and I have to pay them for the privilege.
I should also mention here in this discussion of judges who ignore Doctor’s certificates, fail to consider that there are issues of privacy in people’s health. If a doctor provides a letter which indicates somebody cannot work, what more are you entitled to unless there is some suggestion that the issue of the illness is not true. This was not the case for me. I had cancer operation in 2014, spinal surgery in 2015, and other ailments which I don’t feel are required knowledge for the court for the public. Any suggestion by any of those judges or counsel that there was some question as to my health, could certainly be documented by the trauma I suffered from Conway’s judgement.I lost total respect for the judicial system and the concept of Justice that I had spent 40 years of my life dedicated to. I lost my practice, I lost my home, I lost my health. Any suggestion that I did all that to avoid arguing the motion with BMO is ridiculous.
I am presently forced to appeal Nishikawa’s order. Personally, I do not see how denying an opportunity to be heard in such circumstances would be seen by anyone to be bias, lacked impartiality and fairness.
I personally don’t see, in the judgements above, the honouring of the principal, that not only should justice be done, it should be seen to be done. In those instances where judges ignored or criticized without basis the doctor’s writings, I do not think a reasonable person would say that there was not an element of bias and unfairness. Tough to be fair and reasonable when one of the parties is not there,
I became a lawyer because I believed in justice and to fight injustice. I will continue to pursue justice in this matter because people or corporations should not so blatantly and arrogantly commit frauds. be allowed to come to court and lie about it, and get away with it. no faith now
This will not end if they’re lucky enough to defraud and defeat the legal system again. I shall warn as many as I can in any appropriate manner. I shall certainly be sending copies to most of Canada’s financial editors. I can prove my claims to them with existing sworn evidence. Hopefully at some point we can stop this kind of conduct from being carried on here or condoned by Canadian Courts.
I am somewhat amazed that no one in authority at BMO ever considered, that they had committed fraud and lied, and should discuss it with the victim now with sufficient evidence to show their wrongdoing. This could have been resolved quickly and relatively cheaply. Instead the criminal culture at BMO spent huge amounts of your money (if your client or customer of BMO’s) to fight it.
I will be pursuing BMO and the people who are the directing mind of the corporations, with evidence of crimes committed by the corporations and the employees they are responsible for.
I’ll be buying shares of BMO and will be at all of the shareholders meetings with my material and my questions. I will take all appropriate steps available to me as a shareholder to continue to get to the bottom of this. I will be doing further research on those individuals who are running this organization. I will not stop until I get an answer and explanation as to what went on, why they took the position they did. What they’re prepared to do to make the situation right. In some assurance, backed up by documentation, if they are taking steps to make sure this does not happen again.
If I or anyone in my family or my friends had money or investments or any business with BMO, given my experience I would withdraw it and place it in a safer institution. If I was a client of BMO , who did not remove their money, I would look very carefully at their paperwork and their reporting. Given my dealings with BMO and their lawyers I would have to say that they are completely untrustworthy. For an institution based on trust this is a complete failure. They have proven that there focus is to put their interests before the interests of the client
These companies have a protected trust and fiduciary duty to the public. I think it’s time they take it more seriously than they did in my case and recognize that they are not above the law.
The above is the opinion and experience of the author as a litigant and a victim.
Given the current occupant of the Oval Office, and the investigations as being carried on by special counsel and others, Richard Nixon’s name is resurrected in the call for impeachment. This is unfair to Richard Nixon who is one of the most over-maligned and underrated presidents.
Both men apparently obstructed justice by interfering in investigations about their unlawful or improper conduct. Nixon fired Archibald Cox, the special prosecutor, and caused a political firestorm. It eventually ended in his resignation before he could be impeached. Trump is mounting a PR campaign to discredit special prosecutor Muller. There has been talk of firing Muller, but as of yet, his investigation continues.
That is where the similarity and comparison between these two men end abruptly.
Nixon’s cover-up was to protect others initially.
Donald Trump is all about Trump. His constant lies, always and about everything, are to protect him. The Special Counsel’s investigation and what appears to be a number of other investigations into all aspects of his and his family’s lives and business cover almost all aspects of his life. As you know
Richard Nixon spent the bulk of his adult life serving the United States of America. First in the military and then in politics. He was not rich, although he could have been. Except when in private practice briefly, he made and lived on his government salary. Richard Nixon was a smart politician and statesman. He understood the government process, having served in, the House, the Senate, the Vice Presidency, and the Presidency. Without for a moment passing judgment on his conduct that led to him being driven from office, he was a patriotic man dedicated to public service. He was the last of only three Republican progressive presidents. The others being Lincoln and TR. He created the EPA. The very Environmental Protection Agency that Trump wants to destroy and dismantle along with most of the other departments of government.
There are numerous examples of him choosing country over self. He was a flawed character, not a personality particularly suited to politics. I won’t list Nixon’s accomplishments here, but suffice it to say there are many. He was an international statesman and a visionary. He made the world a safer place to live. Domestically, he was actively interested in promoting civil rights and healthcare .
Trump, regardless of what he may accomplish is not now and never will be half the man and half the president that was Richard Nixon. He is a pathological liar, corrupt, self-absorbed and self-interested, egocentric, incompetent, unqualified in every aspect, misogynist sexual predator.
Other than being involved in attempting to interfere with an investigation that involved him personally, Trump’s personality disorders make Richard Nixon look like Mother Teresa. It is a grave insult to Richard Nixon to mention his name in the same breath as Donald Trump.
Tattoos, and Statues have always been permanent reminders of temporary feelings. A statue however is slightly easier to remove. As a symbol, statues have themselves become a much larger issue. What do we do about our troubling history? How do we judge yesterday’s conduct by today’s standards? What is the purpose and effect of what we include or exclude in the telling of the story of humanity?
A professor of mine, the great historian Gabriel Kolko, taught me that history was perception. Winston Churchill famously said that he was sure that history would treat him kindly because he planned to write it himself. As a general rule, history is written by the winners.
In the United States the issue of statues and symbols, especially relating to the American Civil War, have become a divisive issue. It took until the 21st century for the Confederate flag to be removed from state capitals. Disputes have erupted over the removal of statues of southern Civil War leaders and Generals. These statues and symbols represent the defense of slavery. This was an evil so great that it is understandable that it would be offensive.
There are those who argue that to remove these statues is to deny history. There is no shortage of written materials, records and other reminders of history. There are museums where these statues can join the other mementos of the best and worst humankind.
Statues of the losers and tyrants are symbolically torn down to mark their fall. There are no public statues of Adolf Hitler in Germany, Stalin in Russia, Saddam, Gaddafi, Idi Amin, and a legion of other tyrants and losers in the progress of humanity.
Truth like water find its own level. Statues rise and fall with the march of history and the values and sensitivities of the people who raise and live with them.
There appears to be a consensus that 1% of the population controls 99% of the wealth. That is the problem at the root of conflict in the world.
Out of all the problems humankind faces, this is the most inane situation certainly on this planet and probably the rest of the universe.
How can people suffer every day from the fear that financial survival in this world demands? While the resources exist to alleviate 99% of it.
It’s not just the poor and disadvantaged, whose mere existence is an insult and stain on humanity. Most people, even the moderate to reasonably well-to-do, have to struggle with financial survival every day.
We live in a world that appears to be deteriorating around us, as infrastructure is a politicians low priority until it breaks. Federal and local governments around the world have lacked the resources to maintain or replace them. We lack the resources to provide the basic services that we need in this modern society. Governments, like most people, must deal with the pain of choosing priorities in accordance with their financial abilities.
Why? Why? Why?
The resources exist to deal with these issues in a way that eases life and makes it more fair for everyone.
The weight of history, has over the centuries distributed some of the great wealth held by the few amongst the rest of the population. The 1% has counted on control of the military and political scenery to maintain this balance. In this modern world it is unlikely that this is the case. Instant mass communication depending on how it is used may be the saviour or the downfall of humankind.
But the scale is starting to tip the other way. The pressure on society to find another way to keep score and fairly manage resources will meet head-on with a deteriorating society. It is hard to imagine that the flow of history will be stopped.
But for the moment we live in a bizarre world. All but the privileged few, under financial pressure from governments to the people. Meanwhile 1% of the population controls 99% of the wealth.