judgeitis

BMO NESBIT BURNS COMMITS CRIMES. WHO IS RESPONSIBLE ?

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I was a victim of fraud committed by BMO Nesbitt Burns. They covered it up with lies which they put forward into evidence under oath.

The details of the fraud are set out in my blog, https://wordpress.com/block-editor/post/truthlikewater.wordpress.com/415Truth Like Water. I detailed their fraudulent actions . BMO served me with a notice  for defamation last fall. They, including the lawyers, have not sued me. They won’t sue me because the article is true and they know if the evidence is subjected to proper scrutiny they would lose. I still invite them to sue me over anything I’ve written about them on this blog.

When my father passed away, I was one of the executors of his estate. By law I stand in the shoes of the deceased. for the purposes of administering the estate. Despite their duty to do so, they refused to tell me what my father had said about his intentions that left all the money in my sister’s name.

They purportedly concealed that information aggressively until by agreement with my sisters counsel they produced my father’s former broker Norman Yu, who lied under oath. I say purportedly because the evidence that did not come out until December 2015, Was not true. It was concocted by Norman Yu, and I presume others to cover up the fraud they committed.

As a result of their continued obstruction, I sued them setting out all of the details about their suspicious and illegal conduct that I was aware of at the time. I had an obligation and a fiduciary duty as an executor as I believe they had a duty to inform me I had an obligation to pursue the information about the estate In the discharge of my duties. I can find no other example in law where a bank has refused to provide an executor with information crucial to the administration of the estate and been denied.

I had served the directors of the BMO Nesbitt Burns because the directors can be held responsible for frauds of the corporation. I included with the claim a lengthily and detailed letter setting out the concerns. They cannot argue that they were not aware. To the best of my knowledge they did nothing. 

BMO doubled down on their lies and their fraud. To my knowledge, no one at BMO closely looked at the matter or investigated. If they did they would have found the lies the inconsistencies and the suspicious and out of the ordinary course of business dealing with the documents.

Who is responsible? Below is a list of the directors and officers of BMO Financial Group, of which BMO Nesbitt Burns is a part. Someone has to be responsible for the crimes committed by the company that they run.

Chairman of the Board

J. Robert S. Prichard
Chairman of the Board

Board of Directors

Directors

Executive Committee

Darryl White
Chief Executive Officer, BMO Financial Group

Dan Barclay
Chief Executive Officer & Group Head, BMO Capital Markets

David R. Casper
U.S. Chief Executive Officer, BMO Financial Group,
Chair and Chief Executive Officer, BMO Harris Bank N.A. and Group Head, North American Commercial Banking

Patrick Cronin
Chief Risk Officer, BMO Financial Group

Simon A. Fish
General Counsel, BMO Financial Group

Thomas E. Flynn
Chief Financial Officer, BMO Financial Group

Cameron Fowler
President, North American Personal & Business Banking, BMO Financial Group

Ernie Johannson
Group Head, U.S. Personal and Business Banking, BMO Harris Bank

Gilles G. Ouellette
Chairman of the Board, BMO Nesbitt Burns, Group Head, BMO Asset Management and Vice-Chair, International, BMO Financial Group

Catherine Roche
Head, Marketing and Strategy, BMO Financial Group

Joanna Rotenberg
Group Head, BMO Wealth Management, BMO Financial Group

Richard Rudderham
Chief Human Resources Officer, BMO Financial Group

Luke Seabrook
Global Head, Enterprise Initiatives, Infrastructure and Innovation, BMO Financial Group

Steve Tennyson
Chief Technology & Operations Officer, BMO Financial Group

Senior Executives

William Downe, C.M.
Immediate and Past Chief Executive Officer, BMO Financial Group

Claude Gagnon
President, Operations, BMO Financial Group, Quebec

David Jacobson
Vice-Chair, BMO Financial Group

The Honourable Kevin G. Lynch, P.C., O.C., PH.D, LL.D
Vice-Chair, BMO Financial Group

Herb Mazariegos
Chief AML Officer, BMO Financial Group

L. Jacques Ménard, C.C., G.O.Q., C.O.M., LLD.
President Emeritus, BMO Financial Group, Quebec

Gail S. Palac, CPA
Chief Auditor, BMO Financial Group

Rose Patten, O.C.
Special Advisor to the CEO of BMO Financial Group

Douglas Porter
Chief Economist and Managing Director, BMO Financial Group

Lynn Roger
Global Head of Employee Experience & Workplace Transformation, BMO Financial Group

The Honourable Brian Tobin, P.C., O.C.
Vice-Chair, BMO Financial Group

Albert Yu
Managing Director and Head of Asia, BMO Financial Group

J. Robert S. Prichard
Chairman of the Board

Board of Directors

Directors

Executive Committee

Darryl White
Chief Executive Officer, BMO Financial Group

Dan Barclay
Chief Executive Officer & Group Head, BMO Capital Markets

David R. Casper
U.S. Chief Executive Officer, BMO Financial Group,
Chair and Chief Executive Officer, BMO Harris Bank N.A. and Group Head, North American Commercial Banking

Patrick Cronin
Chief Risk Officer, BMO Financial Group

Simon A. Fish
General Counsel, BMO Financial Group

Thomas E. Flynn
Chief Financial Officer, BMO Financial Group

Cameron Fowler
President, North American Personal & Business Banking, BMO Financial Group

Ernie Johannson
Group Head, U.S. Personal and Business Banking, BMO Harris Bank

Gilles G. Ouellette
Chairman of the Board, BMO Nesbitt Burns, Group Head, BMO Asset Management and Vice-Chair, International, BMO Financial Group

Surjit Rajpal
Advisor, BMO Financial Group

Catherine Roche
Head, Marketing and Strategy, BMO Financial Group

Joanna Rotenberg
Group Head, BMO Wealth Management, BMO Financial Group

Richard Rudderham
Chief Human Resources Officer, BMO Financial Group

Luke Seabrook
Global Head, Enterprise Initiatives, Infrastructure and Innovation, BMO Financial Group

Frank Techar
Vice-Chair, BMO Financial Group

Steve Tennyson
Chief Technology & Operations Officer, BMO Financial Group

Senior Executives

Stuart Davis, CAMS
Enterprise Chief Anti-Money Laundering Officer, BMO Financial Group / BMO Harris

William Downe, C.M.
Immediate and Past Chief Executive Officer, BMO Financial Group

Claude Gagnon
President, Operations, BMO Financial Group, Quebec

David Jacobson
Vice-Chair, BMO Financial Group

The Honourable Kevin G. Lynch, P.C., O.C., PH.D, LL.D
Vice-Chair, BMO Financial Group

L. Jacques Ménard, C.C., G.O.Q., C.O.M., LLD.
President Emeritus, BMO Financial Group, Quebec

Gail S. Palac, CPA
Chief Auditor, BMO Financial Group

Rose Patten, O.C.
Special Advisor to the CEO of BMO Financial Group

Douglas Porter
Chief Economist and Managing Director, BMO Financial Group

Lynn Roger
Global Head of Employee Experience & Workplace Transformation, BMO Financial Group

The Honourable Brian Tobin, P.C., O.C.
Vice-Chair, BMO Financial Group

Albert Yu
Managing Director and Head of Asia, BMO Financial Group

Geoff Newton
Senior VP, managing Director

These are the people who are, according to their website, responsible for the operation of the BMO Financial Group of which PMO Nesbitt Burns is part. It is not clear who any of these people are responsible for the crimes committed by the companies and its employees. Darryl White was
Chief Executive Officer, BMO Financial Group and one of the directors the served with the claim, and a detailed letter setting out the details of what has occurred and was occurring.

If none of these people knew, that is just as bad. There should be oversight and supervision to ensure that their employees comply with the law, and if crimes or transgressions occur, there should be a process to protect the client.

In my experience with BMO Nesbitt Burns I found there to be a culture that does not care, supports, and defends fraudulent and improper conduct. Someone there had to know that Norman Yu’s evidence was concocted months after my father passed away. Wendi’s lawyer Don Baker, told my lawyer and myself in January 2013 that he had heard the story in July 2012 but had “promised not to tell.”

One of the major problems with Mr. Yu’s evidence, and the factor that proves it’s not true, is that Norman Yu said that Wendi Laski was in the room with him and Harold on January 10, 2012 when Harold allegedly expressed his dissatisfaction with his son and his intention to leave all of the money to his daughter

The real problem with this evidence is that if it were true Wendi heard this crucial evidence at that time. Yet during the four-year course of the litigation, Wendi nor her lawyers ever raised this. They never confirmed or corroborated her attendance at that meeting.

It is simply not believable that Wendi and her lawyers would have had that information before the litigation began and never ever raised it in any oral or written material.

Unfortunately the judge was influenced by an acted upon  information and a bias that was not based on the evidence. The result was that Wendi, Norman Yu, BMO got away with defrauding Wayne, the Estate, and the government

Another disgusting result was that Wendi, her lawyers Baker and Baker, Norman Yu, BMO Nesbitt Burns and their lawyers got away with perjury and suborning perjury by presenting false evidence under oath before the court’s.

I am still pursuing BMO for the failure and intentional deceit of not fulfilling their duty to advise me, as an Executor of the Estate. They have also maintained that they did not owe a duty. They’ve moved to have the case dismissed claiming that all of the issues were decided by the judge in the estate case. The court in that case did not deal with BMO’s duty to me as an executor.

The decision by Conway in the estate case is chronicled in my blog “Justice Perverted, Corrupted and Denied by judge Barbara Conway” it lays out Conway’s disreputable conduct in breaching her oath and bringing the Administration of Justice into disrepute. Her conduct is the subject of a complaint to the judicial Council, in preparation.

People always ask why would an institution like BMO Nesbitt Burns commit a fraud and lie. People forget that the crimes are committed by employees. These are individuals with their own lives and motivations. In this case the relationship between my sister and Norman Yu allowed for the commission of crimes. In this case it appears that there is a culture at BMO that is very competitive and turns a blind eye to criminal activity and in fact as in this case actively support it. In my experience with BMO, they do not conduct business in good faith. To me that has to be reflective of the corporate leadership.

How can BMO get away with this? Part lies directly with the corrupt judge referred to above and corrupt lawyers. From my experience, BMO and other large institutions believe they are invincible and entitled to do whatever they want to do legal or otherwise. They showed me an arrogance that individual clients don’t matter. They also know that they have deeper pockets when it comes to litigation than any individual they may have wronged or in this case defrauded. The guiding all is making money without regard to ethics and good faith. Unfortunately as I noted earlier my experience is that banks and large established institutions also tend to get a misplaced deference.

I have no direct evidence that any of the people named in this article knew of these allegations. These are the individuals listed on the website as being the directors and executives of BMO.

I do not know whom from BMO is instructing their lawyers to take these actions. I don’t know how far up the chain of command and responsibility the facts and issues are known. Either way, they have determined to act in the manner they have, commit the crimes, they have committed, and acted in bad faith . Those responsible for the operation of BMO either know the facts or should. And they should be held responsible for it.

In spite of this, BMO claims to operate ethically and according to the principles of honesty, transparency and accountability.

The influence, wealth, and power of banks, and other large financial institutions continues to grow. I can see no evidence of any change in corporate culture. Someone must be held responsible when a large institution like a bank that we trust, breaches that trust and commit crimes.

Directors and officers can be held responsible for fraud and criminal activity. The liability is difficult to establish and enforce through rules which allow the controlling minds to escape liability for crimes they do not know about or are not directly involved with. I believe it is their responsibility to know crimes committed in the name of the institution.

I have to believe that at least one of the people named and above would or at least should have knowledge of a crime committed by their company and take responsibility and take steps to avoid something like this happening again.

The only issue remaining to argue in my case with BMO is their duty to provide information crucial to me to managing Estate and their refusal to do so. In fact they fought aggressively for almost 4 years to conceal that evidence showing my father’s intention to leave everything to my sister. This despite the fact that I was an executor of the estate. In law standing in the shoes of the deceased and entitled to any information he would be entitled to.

Five months after my father’s death we attended before a Judge Nordhiemer to freeze the disputed assets. You would think that would be the time to say ” you don’t have to freeze, or fight over these assets. Wendi and Norman Yu have direct evidence from their meeting together with Harold that he wanted Wendi to have the money and Wayne to have none. According to Donald Baker, Wendi’s lawyer, said he had heard the story of the meeting with Harold in July, before the hearing in front of Judge Nordhiemer and did not raise this proof of Harold’s intentions at that time. Not only did they not raise this crucial evidence, at that point they refused to provide it to me. Until one month before the hearing before Conway without ever having to explain why they refused to disclose it for four years. They never had to answer how this evidence came about and developed.

BMO brought a motion to dismiss the case I have brought against them sometime after in an attempt to get information I was entitled to. They argue that all of these matters are res judicata having already been decided by Conway. Even accepting the improper conduct by Conway, she did not rule on BMO’s duty to me as an executor and their deliberate improper concealing of the evidence.

In this matter the decisions of the judges continue to be somewhat strange, lacking impartiality and showing bias.

The matter first came up before Justice Chiapetta. Without any request or comment by counsel she ordered that there be no cross-examination on the affidavits. She gave no reason for this decision. In a case where I had been denied procedural fairness to question the serious issues of credibility in the Summary Judgement Motion. This is even more troubling given that the affidavit in support of their motion to strike my claim was sworn by Andrew Parley who I have suggested put Norman Yu’s false evidence before the court. The affidavit he has filed contains in this motion containes speculation and inaccuracies.

The second strange order came with the matter on what would really be considered the first appearance. I have been in poor health for the last five years. The fraud and corrupt trial left me broken. I lost my practice and my house. I appeared before Justice Wilson with a letter from my doctor saying that do to a number of health issues I could not work six months. Wilson with her superior knowledge of medicine didn’t feel the note said enough. She then went ahead and ignored the doctor’s letter. You had a barrister of 40 years, an officer of the court and a certified medical practitioner telling the court that for health reasons I could not work. By ignoring the doctor’s letter completely she, in essence accused us both of lying. She then set a date well within the six months and to further demonstrate her animus made it peremptory on me. That meant that I would not be given another adjournment. There was no basis in fact or in law for that decision. No one asked for it no one suggested that I had delayed the matter. Not only was it arrogant and rude, the ordering of the matter being peremptory on me showing a lack of impartiality and demonstrated bias.

When the matter came up again the court ordered me to get a further medical certificate. I did point out to the court that I don’t write the doctors notes. I don’t tell them what to write. And I can only ask so many times until given their busy schedule the doctor completes the note.

Just before the matter came to court again, I was hospitalized on an emergency basis for about a week and 1/2. I was discharged late Thursday night before the Easter weekend. As a result I was unable to get someone to attend for me. I sent an email to opposing counsel indicating the reason I was unable to attend.

Justice Nishikawa, with the email I had sent to opposing counsel and full knowledge that I had been in the hospital. The medical notes from my doctors would not be ready when I was still being treated in the hospital.

Nishikawa ignored that and while commenting that being in the hospital usually would entitle me to an adjournment, he was not going to do so in this case that he had no medical evidence before him. He dismissed my entire claim and ordered costs of $20,000 without giving me an opportunity to make submissions.

I am now appealing Nishikawa’s order based upon him proceeding in my absence in the circumstances, and that the issue of BMO’s duty to me as an executor was as yet undecided and an important triable issue.

Despite how personally painful, ruinous, and crushing this has been for me and my family, as an officer of the court, a barrister for 40 years, and a Citizen of Canada, I am obliged to purse justice in the system.

The above is the opinion and experience of the author as a litigant and a victim.

Justice Perverted, Corrupted, and Denied by Judge Barbara Conway

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In my opinion, if you want to steal your sibling’s inheritance, lie, and commit fraud, hope to get judge Barbara Conway to hear your estate case. Not only did she allow lies and perjury without comment or reproach, she rewarded it.

In the case of Laski v Laski she accepted and relied on evidence that in law and common sense would not be believed.

The case revolved around allegations that Wendi Laski, the deceased’s daughter had used fraud and undue influence to get her father to change all his accounts into joint accounts with survivorship to her, thereby leaving nothing for her brother Wayne. This was all done while Harold Laski was under palliative care in the last three months of his life under unusual and suspicious circumstances.. Prior to that, all the money in question was in Harold’s name alone.

There was ample evidence of undue influence and suspicious dealings and transfers out of the ordinary course:large transfers ( the entire estate) of funds near the death of Harold Laski
All contacts with the banks and Mr. Yu were initiated by Wendi not Mr. Laski.
There were serious suspicious transfers and dealings far outside of the normal course of business

Wendi had lied to Wayne on a consent recording, about what was happening with the accounts. she clearly led Wayne to believe that he would get what he was expecting from the will. This is clearly a lie as she had already arranged to keep all the money for herself. She further indicated that we should not touch the bank accounts. She said we didn’t know what deals needed to be paid and she hadn’t “taken a penny” this of course was a lie as she had cleared out most if not all of the bank accounts from the TD on the morning of her father’s funeral and deposited immediately in her own name at the BM0

and evidence about her conversations with Harold about his intentions in one examination she swore under oath that she had not discussed with her father prior to his death. She only became aware of the money was hers after he died and she went to the bank and to BMO. The very next day still under oath she denied that she had said it. When reminded she had said that she continued to deny saying it. She then went on to give a completely different answer indicating she had talked with her father before his death and knew that the money was to be hers.

There were few if any of the factors the Supreme Court of Canada would consider evidence of meeting the burden of rebutting the presumption of undue influence. The circumstances surrounding the signing of the documents both with the TD Bank and BMO was very unclear. There was no independent legal advice, despite evidence that Ms. Hamilton who had drafted the will had told Harold Laski in writing to seek legal advice before he made any further transfers

These two completely contradictory and opposite statements under oath with no correction or choice or explanation between the two by Wendi. Harold’s intentions, were the central issue of the case. There was no evidence that Harold had changed his mind save and except for the false evidence of one Norman Yu and BMO described below

Conway ignored all this and accepted the evidence of one Norman Yu, the financial consultant for the deceased, when he said that the deceased had expressed his intentions to disinherit his son.

The first problem was that the details of this crucial evidence were concealed by Mr. Yu, his employer, BMO Nesbitt Burns, and Wendi Laski for almost four (4)  years after the death of Mr. Laski. It did not come out until they chose to divulge it only one month before the trial. Norman Yu and Wendi Laski refused to answer questions about how this evidence came about nor give any explanation for the four-year delay in bringing it forward in these unusual and suspicious circumstances . This and the meetings between Wendi, her lawyers, BMO and Norman Yu to discuss this evidence secretly, were ignored by the judge.

The real problem with this evidence was that it was not true. Norman Yu testified that Wendi was in the room with him when her father said he wanted to disinherit Wayne, because he was abusing him, and leave everything to Wendi.

Wendi and her lawyers, never raised this evidence during the four years of litigation. She never relayed confirmed or corroborated that meeting. Not once, in any form, did Wendi claim, that she had been in the room with Norman Yu when  Harold Laski expressed his intentions or that she even knew what the reasoning for those intentions were.

Is it believable that Wendi would have had this crucial information before the litigation commenced and never revealed it?

Given those facts, it is not within the balance of probabilities that Mr. Yu’s evidence was true.

A further example of her bias and animus revolved around Wayne’s allegation that the money was in Harold’s account in his name alone at the time of his death, and was transferred after he died. There were phone calls and other evidence to support this. Wendi swore in an affidavit that the money was not transferred before but after Harold died. 

“48   The Direction was accepted by BMO Nesbitt Burns Inc. on February 29, 2012. Although the securities were not deposited into BMO Joint Account # 4551381314 in advance of March 13, 2012. the Direction was irrevocable and therefore the instruction could not be changed once BMO Nesbitt Burns accepted the Direction.”

Despite this specific sworn evidence and the admitted highly out of the ordinary course of business handling of the transfer documents, and in essence saying that Wendi’s sworn statement was not credible, she disagreed.

Nonetheless Judge Conway ignored all this, including the lies and contradictory evidence of Wendi, on the record, which related directly to her father’s intentions. She refused to allow Wayne to call evidence or cross-examine Wendi and Norman Yu despite the clear issues of credibility. There was a serious and deliberate denial of procedural fairness.

Why would a senior judge ignore such evidence and come to such a perverse decision? In my opinion one possible answer is that Judge Conway was affected by influences outside the evidence. These could range from a dislike for Wayne to mood, predisposition or any number of reasons other than the evidence. If not, it was incompetence. One was aware of her animus from the beginning of the hearing. I have no direct evidence but personally am of the opinion based on some circumstances that her decision was made before she entered the courtroom and influenced by others outside the courtroom.

Her judgement should be based only on all the evidence. It clearly appears it was not close.

Further evidence of the judge’s animus was awarding of $80,000 in costs against Wayne. This when the key evidence was concealed for four years by Wendi, Norman Yu, his employer BMO Nesbitt Burns, and counsel. This was abusive and unwarranted in the circumstances.

The judgement was perverse and contrary to the law and weight of the evidence.
Courts and Judges can make mistakes. But this, in my opinion was not a mistake it was an intentional denial and perversion and corruption of justice.

The notice of appeal was filed a few days late. The court refused to extend the time for filing and the matter was never heard on its merits.

The emotional and financial damage caused by such a malicious judgement was horrific. It does not appear that she had the conscience to care. Based on her conduct here, in my opinion, this person should not be a judge or be in any position of authority.

When I become perfect,  I will expect it of everyone else. Judges often have the very difficult task of trying to determine the truth and do justice. They cannot be faulted for honest mistakes. This does appear to be the case here.

One should be able to rely on these well-paid and privileged civil servants to honour their oath of office to do their best  to follow the evidence, the law, and do justice. It is the cornerstone of our judicial system that people are to be given a fair hearing, before a fair judge acting honestly. This was not the case here. This was a hatchet job.

There is very little one can do when one is the victim of an intellectually dishonest, corrupt and unscrupulous judge. They are very careful and skilled in writing judgements in such a way that they are hard to attack in the Court of Appeal which gives undue deference to trial judges.

Sadly, this kind of experience is not completely rare in our legal system. While many justices are dedicated, well-qualified and fair, far too often one runs into lazy and incompetent judges who base their decisions on their own expedience, personal feelings, speculation, and mood, rather than the evidence. This is clearly what was done here. No one who becomes a judge would demonstrate a lack of knowledge on such of evidentiary rules and law on undue influence and costs. If a senior judge to suggests she did not know  or at least was not willing to apply the laws of evidence, undue influence and costs as she demonstrated here, then she has no business being a judge.

What is most upsetting here is that she has disrespected and disgraced her oath and its requirements. She has brought the Administration of Justice into disrepute. It is an abuse of power and authority. It is akin to a police officer drawing his weapon and firing at an innocent person without justification. Yet unlike the police officer, judges are above the law when it comes to this kind of abuse of power in such circumstances

For me, this was devastating. For someone who entered law and fought all my life because of my deep commitment to justice. I could not believe that with all Wendi and her lawyers lies and inconsistent and suspicious evidence that evil could triumph so easily. I had a breakdown. I could no longer take people’s money to represent them in a system capable of such corruption. I lost my practice, I lost my home, I lost my family. All that is left is to complete my fight against injustice and dirty stains of perjury. In that pursuit, I feel duty bound to file a complaint with the Judicial Council which I am presently preparing

Beyond the personal injustice and damage, the result of the disgraceful actions of Conway was to bring the Administration of Justice into disrepute.

Wendi Laski with the help of her friend Norman Yu and BMO, got away with committing fraud. The victims were the Estate, Wayne, and The Government.

Wendi, her lawyers, Norman Yu, BMO and their lawyers got away with putting false and perjured evidence before the court.    

Too many on the bench suffer from Judgeitis. It is an affliction characterized by feelings of self-importance, rudeness, lack of attention to the evidence, and a desire to do what is expeditious for them rather than do justice.

Justice perverted corrupted and denied.

All Above is the opinion and experience of the author as litigant and victim and to  provide some comfort to other victims who are not alone and to hope this does not happen to others.