Laski
The Kim Whaley Nightmare Continues
An update on 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, an 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 a 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 that 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 that 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.
OLD STATUES NEVER DIE, THEY JUST GET CARRIED AWAY.
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.
Presidential Sex. Makin’ Presidential Woopee
The news is filled with stories about Donald Trump’s sexual escapades with Stormy Daniels and Karen McDougal to name but two. He is being judged and berated for cheating on his wife. I am no fan of Donald Trump. I recognize there may be some issues as to breach of campaign finance laws in the payments to women. No president has ever suffered lasting political damage just for adultery. Cover-up is a different story.
When looking at the 20th-century, the list of adulterous presidents is not short. There was Bill Clinton. Gerry Ford favoured young women while skiing out west. Lyndon Johnson, was notorious for pride in his genitalia. He held meetings with senior officials while he was on the toilet or otherwise and often was exposed. Lyndon Johnson was sexually active outside of his marriage. There was John Kennedy. From all accounts he was an unapologetic sexual predator of olympic appetites. He was preceded by FDR, like the others on this list, he had several mistresses both before and during their time in the White House. Before him, Warren Harding was involved with mistresses in the White House closets. Other than Clinton, and now Trump, the rest carried on with little or no public scrutiny or outcry.
In the 19th century Thomas Jefferson was sexually active with his slaves. Forty Nine year-old President Grover Cleveland married his 21-year-old ward, daughter of his deceased partner, whose estate he administered.
None of this activity seems to have prevented most of these men from accomplishing great things and being good leaders. It may have even helped. Those who did not succeed were not hindered by their extramarital activity.
People want bold and dynamic leaders. In order to succeed in politics you generally need to be an A-type personality. They are more often than not, best suited to deal with domestic and foreign enemies in dangerous and high-stakes games. That type of personality often brings with it some less than appealing personality traits manifesting in thought and action.
Had the behaviour of those leaders been public and judged based on standards of today’s political correctness and in the light of the internet, these men would be seen as the social and sexual transgressors that they were. I personally do not judge them, but then I can understand how a vast majority want their leaders to be role models.
There were many great presidents who were married and stayed faithful to their wives. Likewise there were failures as presidents who were faithful to their marriages. It may make a difference to those whose expectations of their presidents include high moral standards. There is no evidence that commitment to their marriages affected their success or failure anymore than it did the sexually aggressive and predatory presidents.
The problem with Trump is the lies and cover-up. He also is seen by many as sleazy given the attitude he expressed on the Billy Bush tape. He is crass and creepy. Trump’s public bragging of his sexual exploits and prowess cannot be compared to any other president. There are very few ways, if any, by which Trump could be compared to any other president.
When it comes to Presidential sex, whether Democrats, Republicans, Federalist, or Whigs, there is no evidence that it affects one’s ability to do the job.
Trump at the Hall of Presidents
There has been a lot of debate over what the statue of Donald Trump in the Hall of Presidents at Disney World should say.
Here are a few suggestions:
I want to grab your pussy.
Nobody respects women more than me.
Believe me.
I did not collude with the Russians despite all of the verified evidence to the contrary.
I’m the president, can you believe it.
If she wasn’t my daughter I would date her.
Jeff sessions is a great pick for Atty. Gen.
Jeff sessions is weak.
You’re fired.
Who knew being president would be so difficult.
Mme. Macron, your hot and your husband loves holding hands with me.
Lyin Ted
Crooked Hillary
Mine is bigger and better than yours.
Make America Great Again ( after I’m finished with it)
I am the Greatest. ( apologies to Mohammed Ali)
You’ll win so much you will get tired of winning ( with apologies to Charlie Sheen)
Fake news
I did not collude with that man, Vladimir Putin.
Since I’ve been added to the Hall of Presidents the crowds have been HUGE
I demand loyalty. I just don’t give it.
Sad
On my first day in office we will repeal and replace Obamacare.
I’m going to make you an offer you can’t refuse.
Kiss my ass and I’ll make it worth your while.
I will not disclose my taxes. I have nothing to hide.
I nor anyone in my campaign had any dealings with the Russians except for all dealings that emerge from this witchhunt.
bubble bubble toil and trouble. hocus-pocus.
Stephen Douglas should have stopped World War II.
I have a job. All of my family and friends are working.
The Birth of Tyranny
I was born in the early 50s. World War II seemed like distant history. In studying the 1930s and 40s I wondered how a Hitler or Mussolini could take over a civilized democracy. Now I know.
Putin certainly helped. Donald Trump found fertile ground in the ugly underbelly of America’s lowest common denominator. Those who stayed home in 2016 allowed Trump and Putin to hijack American democracy.
Trump is behaving like a dictator following the Tyrant’s Handbook for Dummies to the letter. He along with the GOP Congress and Scotus seem bent on reversing and destroying the social and political gains of the last 200 years.
In six months, Trump and the GOP have managed to bring America to its lowest point in history in the eyes of the world ever. America has given up its leadership of the free world. No longer a beacon for democracy and freedom, America has become a bad and scary joke to the rest of the free world.
The GOP must grow a set of patriotic balls and take back America before it is too late.
Bonaparte and Trump
Beside being megalomaniacs, Napoleon Bonaparte and Donald Trump have a common love of being gaudy.
Napoleon plastered or embroidered an N on everything. Trump plasters his name and initials on almost anything but particularly buildings and airplanes.
Don’t get me wrong, I am not comparing Napoleon and Donald as leaders. Napoleon accomplished a great deal in his domestic policy which looked out for the French Citizens. he was a great administrator. He was also quite bright. He won and made things better for French Citizens and the glory of France.
No, they both just share the character flaws that present themselves from the ridiculously insecure, to the self-destructive misplaced belief that they are the centre of the universe.