I NEED YOUR HELP TO KEEP MOVING FORWARD WITH MY LITIGATION AND MY FIGHT FOR JUSTICE REGARDING MY LOSSES AND DAMAGES OF IN EXCESS OF $6 MILLION !
WHAT HAS HAPPENED TO ME AND WHY COULD HAPPEN TO YOU !
PLEASE TRY TO "WALK IN MY SHOES" AND CONSIDER CONTRIBUTING TO MY GOGETFUNDING CAMPAIGN.
5 DECADE LONG SUCCESSFUL WOMAN EXECUTIVE AND FORMER COUNCILLOR ,NORTH VANCOUVER DISTRICT FOR 13 YEARS FINANCIALLY DEVASTATED AND FORCED OUT OF MY FAMILY HOME OF 43 YEARS IN NORTH VANCOUVER DISTRICT APRIL 2013 AND LOSS OF MY FORMER SEAVIEW VILLA ESTATES MULTI FAMILY OCEANVIEW DEVELOPMENT SITE ,WEST SECHELT ON THE SUNSHINE COAST,BRITISH COLUMBIA AUGUST 2015 AFTER ITS SUCCESSFUL PHASE 1 OF 8 TOWNHOMES BUILT AND SOLD IN 2007 , FIGHTING FOR JUSTICE FOR 8 YEARS AS A SELF REPRESENTED LITIGANT OF FINANCIAL NECESSITY, GIVEN WHAT HAS HAPPENED TO ME AND WHY, IN THE WELL RECOGNIZED FOR YEARS, HIGHLY DYSFUNCTIONAL LEGAL/JUSTICE SYSTEM CREATED BY LAWYERS FOR LAWYERS AND JUDGES AND NOT SELF REPRESENTED LITIGANTS
And thank you so much to all who have contributed on other fundraising platforms, your generosity is truly appreciated! You can view teh donations, support, and comments from my Fundrazr campaign here.
WHO AM I ?
My name is Joan Gadsby.I was born in Ontario and have lived and worked in Vancouver since the 1960s and have lived on Vancouver's North Shore for over 50 years.
I was in the top 2% of Canadian income earners most of my 5 decade long successful business career in the corporate world working as a senior marketing ,strategic planning and property development executive with four of Canada's largest companies.
I was also a former excluded senior level executive in the BC Government as Director of Planning and Development of the BC Liquor Distribution Branch for the Province for 8 years.
A successful entrepreneur, I have owned and operated 2 of my own companies, my former 3 acre multi family oceanview development Seaview Villa Estates on the Sunshine Coast in British Columbia www.seaviewvillaestates.com which I started in 2005 and my consulting company, Market Media International Corporation.
I also was a former poll topping non partisan North Vancouver District Councillor for 13 years,part of my extensive years of community service work doing my part to make the world a better place.
Author of an internationally endorsed book "Addiction By Prescription" - One Woman's Triumph and Fight for Change published in 2000 by Key Porter Books, Toronto ,I was also Co Executive Producer of a television documentary "Our Pill Epidemic"- the Shocking Story of a Society Hooked on Drugs with now deceased W5 well known journalist and producer ,Jack McGaw which we produced in 1998 and which has aired on CTV nationally and internationally.
I wrote my awareness driven book, which was one of the biggest hits at the Frankfurt Germany Book Fair when it was first published, after almost dying February 1,1990 from an unintentional overdose of tranquilizers and sleeping pills wrongfully prescribed for 18 years by my former trusted North Vancouver family doctor following the death of my 4 year old son ,Derek with a brain tumour.
Thank God I survived and have been off all those insidious drugs now for 29 years !
My book has continued to save hundreds of lives worldwide.
The continued overprescribing and misprescribing of these drugs creates "accidental addicts " and remains as a world wide systemic problem inspite of my years of work ,extensive worldwide research and my many international speaking engagements in this field in the 1990s.
Rebuilding my health,my career and my family as a result of my former horrendous experience with prescription drugs cost me $2million in lost income and assets in the 1990s.
Throughout my working career and lifetime I have always been committed to being a good person,a good Mom ,making a good living and doing my part to make the world a better place.
At no time going through the past 11 years of hell since the global financial crisis and economic meltdown of 2008 have I sacrificed the values I was raised with as a child.Nor have I compromised my integrity. Nor will I....
I have always worked in a "man's world achieving many firsts as a woman after graduating from Western University,London Ontario in the 1960s and after being one of the first women in the MBA program at the University of British Columbia and being awarded a scholarship for the highest marks.
I was also nominated as one of Canada's most notable women by the Canadian University Women's Club in the 1990s.
FINANCIAL DEVASTATION,LOSS OF MY INCOME,RETIREMENT PLANNING AND LIFESTYLE
WHAT HAPPENED AND WHY DO I NEED YOUR FINANCIAL SUPPORT FOR MY LITIGATION ?
Prior to the well recognized global financial crisis and economic meltdown of 2008, acknowledged as the worst recession since the Great Depression caused by the greed and dishonesty of US financial institutions, which I did not create nor could I control, I had personally built through years of hard,honest work,perseverance and determination $5.5 million in my 3 property assets including:
(a) my former North Vancouver 4 bedroom family home in Upper Capilano Highlands on an estate size treed and view property where I lived and raised my children
(b) my wealth rebuilding project after prescription drugs,my Seaview Villa Estates ,multi family oceanview development on British Columbia's Sunshine Coast and
( c) the contemporary high end 2846 sq.ft. show home built as part of Seaview's successful phase 1 of 8 townhomes built and sold at Seaview's site in 2007.
Since 2011 ,I have gone through 8 years of hell in the well recognized for years highly dysfunctional legal/justice system where access to justice is a misnomer - "lots of talk, little action" for much needed systemic reform and procedural change and in which issues of affordability, accountability and integrity are the reality with vested self interests continuing amongst the legal profession ,motivated by primarily money and not justice.
Everything I have worked so hard for all my life has been seriously impacted and challenged including my ongoing income,my well planned financial security and financial planning for retirement,my lifestyle and sense of well being and my strong belief in fairness and justice,openness and transparency in the Court system including social and economic justice and human rights here at home in Canada where I was born.
My losses and damages since 2008 exceed $6million.
All 3 of my properties were foreclosed on and lost between 2013 and 2015 through the well recognized for years highly dysfunctional British Columbia Court system created by lawyers for lawyers and Judges after I had fully paid back the Royal Bank ,Seaview's phase 1 financing partner its $2,588,000 loan from Seaview's phase 1 revenue of $3,362,000 for 8 townhomes built and sold in 2007.
CANADIAN CENTRE FOR POLICY ALTERNATIVES ECONOMIC REPORT TITLED "BIG BANKS BIG SECRET " RELEASED APRIL 2012 REVEALED CANADIAN BANKS RECEIVED $114 BILLION IN "BAILOUTS" BETWEEN 2008 AND 2010 THROUGH THE CANADIAN GOVERNMENT
Canadian Banks,including the Royal Bank ,Seaview's phase 1 financing partner received a total of $114 billion in "bailouts" through the Canadian government (the Royal Bank received $25 billion) from taxpayers' money between 2008 and 2010 since the Banks were reportedly "underwater" in part, to provide continuity in financing to successful business people such as myself going through extreme financial difficulties associated with accessing capital as a direct result of the financial crisis.
However,inspite of having paid hundreds of thousands of dollars in taxes to the Canadian government throughout my career and having created 400 jobs with Seaview's phase 1 which I could have done so again and could stimulate the economy with each of Seaview's remaining 3 planned phases,financing was not available to move Seaview forward even though Bank executives referred to my Seaview oceanview development as "stunning."
I WAS "HUNG OUT TO DRY " !
I was "hung out to dry" and discriminated against by the Canadian government who took care of the Banks and their CEOs with my only alternative in 2011 to take out a $150,000 mortgage from a North Vancouver private secondary lender ,Cove Mortgage Ltd./CMIC Mortgage Investment Corp.based on my high equity in my home appraised at $1,325,000 which I was reluctant to do, to live and to invest in Seaview to keep the project moving forward with the expectation that the financial crisis would soon be resolved and I could move forward with Seaview's planned phases 2 to 4 of 40 more condos to be built as per my approved zoning with projected revenue of $18 to $20 million and projected profit of $6.1 million.
Some of the profits from Seaview when all 4 phases were completed I intended to put into a Charitable Foundation which I planned to establish to help others for worthy causes in memory of my two children,Deb and Derek who both tragically died of cancer, Derek, at 4 years December 25,1966 with a brain tumour and Deb, at 38, May 1,1999 with breast cancer.
FORCED OUT OF MY FAMILY HOME OF 43 YEARS IN NORTH VANCOUVER DISTRICT APRIL 2013
Not being able to move forward with my Seaview development as a result of the continuing lack of access to capital from Banks, I was faced with the traumatic and "soul destroying " experience of being forced out of my secure and safe refuge,my former family 4 bedroom home of 43 years on an estate size property in North Vancouver District on April 12,2013 ( to become temporarily "homeless" for the first time in my life and sleeping on a couch of a long term friend for six weeks before finding a place to rent ) which was sold through the Court by the private lender ,Cove Mortgage Ltd.,North Vancouver to a "lowball, predatory buyer at $876,000 compared to the BC objective Assessed value of $1.149,000 with the private lender's former lawyer,a prominent Vancouver lawyer,Andrew Bury,Gowling WLG using a "secret bidder" and secret amount to mislead and manipulate the Court to believe it was a "competitive bidding process " which it was not , and by using a fraudulent and negligent "lowball "appraisal.
My former home was "flipped" 6 weeks later to another buyer at $1.1 million.
I received no money.
In addition, to add insult to injury,it was a private sector contractor to the BC Attorney General who hired the movers who trashed and destroyed most of the contents and my personal possessions from my former 4 bedroom home on April 13,2013 resulting in additional losses and damages of in excess of $100,000.
MY FORMER SEAVIEW VILLA ESTATES MULTI FAMILY OCEANVIEW DEVELOPMENT SITE
SOLD TO ANOTHER PREDATORY BUYER AUGUST 2015
Similarly ,in August 2015, the remaining land for Seaview's planned next 3 phases of 40 condos to be built as per my approved zoning ,was sold through the Court by the same private lender,Cove Mortgage Ltd., North Vancouver to another predatory buyer for $550,000 compared to the appraised market value of the 95% serviced land alone at $1,876,000 and comprehensive appraisal of $3,761,000 for the project as a whole.
I was completely devastated !
In approving the lowball sale,the BC Supreme Court Judge referred to me as "a highly sophisticated business woman " and flippantly stated that I "could rebuild my wealth".
An incredible comment given that I was 75 years at the time !
As Seaview's sole shareholder my investment in Seaview to December 31,2014 was $3,026,000 with projected revenue of $18 to $20 million and projected profit of $6.1 million for Seaview's remaining 3 phases.
My financial survival , future income and livelihood , my retirement and well being were all dependent on completing my Seaview development.
All 3 of my properties were lost through the well recognized highly dysfunctional and antiquated court system which ignored and / or diminished the relevance of the many affidavits and exhibits , significant legal points, principles ,facts and evidence which I had filed with the Court including the following :
(a) the deleterious and continuing effects of the global financial crisis in 2008 caused by the greed and dishonesty of US financial institutions involved with the sub prime mortgage market which also affected Canadian Banks who as a result stopped lending and who required and received $114 billion in "bailouts" through the Canadian Government between 2008 and 2010.
(b) my allegations of fraud and collusion among the lawyer,2 realtors , appraisal company and predatory buyer of my former home and the private lender's lawyer not being held accountable to the Court for his documented assurances August 1,2012 to the Court (before my former home was sold ) on behalf of his client, the private lender that the term "Court Ordered sale" would not be used in the marketing and promotion of my former home and also for my former Seaview multi family oceanview development site(before it was sold) which had the resultant predictable effect of bringing out and encouraging only predatory buyers for both properties who also followed the continuous and unconscionable price reductions for both.
(c) in not being held accountable to the Court for his assurances as in (b) above, the private lender's lawyer's actions continuously undermined my concerted and ongoing efforts to sell my remaining 95% serviced Seaview development site at or close to its true market value of $3,295,000 compared to its appraised value of $3,761,000.
(d) the Court also continued to ignore the extensive documented evidence I filed in numerous detailed affidavits with extensive exhibits in the Court including copious emails I had sent to the lawyer and his client, the North Vancouver private lender prior to the foreclosure sale of my former home and my former Seaview development , outlining how the breach of the lawyer's assurances to the Court August 1,2012 and continuous ,unconscionable and unsupportable price reductions would erode over $3 million of my equity in both my properties.
(e) the Court continued to ignore and diminish the importance of issues of social and economic justice, professional negligence,breach of trust,unjust enrichment,lack of duty of good faith and honest performance as causes of action and my rights to receive fairness,openness, transparency and access to justice enshrined in the Canadian Charter of Rights and freedoms without discrimination.
(f) the Court continued to ignore and diminish my right as an individual to have access to justice,equality before the law and the protection of the law
(g) the Court did not recognize the importance and relevance of the Rule of Law nor did it practice the Rule of Law
(h the Court ignored and diminished the importance and relevance of the BC Law and Equity Act in protecting my equitable interest in my two properties .
(i) the Court minimized the importance and relevance of the Court of Equity where grievous harm is done and severe hardships result
(j) the Court minimized the importance and relevance of the Negligence Act and Professional standards of Conduct and Codes of ethics for the private lender, lawyers , realtors and appraisers.
(k) the Court ignored the Mandate and Responsibilities of the BC Ministry of the Attorney General which is responsible for and accountable for the administration of justice in the Province.
(l) the Court ignored and diminished my rights as a self represented litigant to a standard of fair treatment and access to justice including being treated fairly and justly by the courts which is binding on officers of the Courts(Masters and Judges ) and lawyers who are also officers of the Court, pursuant to the Statement of Principles for Self Represented Litigants adopted by the Canadian Judicial Council in 2006 and endorsed again unanimously by the Supreme Court of Canada April 21,2017.
FILING OF MY STATEMENT OF CLAIM IN THE BC SUPREME COURT RE MY FORMER FAMILY HOME OF 43 YEARS IN NORTH VANCOUVER DISTRICT
November 21,2016 I filed my extensive and detailed claim as a self represented litigant against the following defendants - the BC Ministry of the the Attorney General ; the private North Vancouver lender, Cove Mortgage Ltd./CMIC Mortgage Investment Corp.; Andrew Bury, Gowling WLG, lawyer for Cove Mortgage Ltd./CMIC Mortgage Investment Corp; Consolidated Civil Enforcement BC Inc./Consolidated Active Bailiff, private contractor to the BC Attorney General ; who hired the movers,First Canadian Logistics,Richmond; Tony Rossetti,ReMax Rossetti Realty,North Vancouver (the listing realtor); Mark Ballard,ReMax Masters,West Vancouver (the selling realtor); Niemi Laporte & Dowle, Appraisals Ltd., Burnaby; Michael James Staite,agent for buyer; Tyler McDonald Fairbank , buyer; and Joe Doe"Secret Bidder".
UPDATED STATUS OF MY CLAIM RE MY FORMER NORTH VANCOUVER HOME
My litigation against the appraisal company defendant , Niemi Laporte & Doyle,Burnaby, the buyer defendant, Tyler McDonald Fairbank and the defendant, Joe Doe,"Secret Bidder" remains active in the BC Supreme Court.
I filed my Appeal July 11,2017 in the BC Court of Appeal of the "quick and dirty " two and a half day Summary Trial initiated in June 2017 by two of the highly aggressive lawyers representing the two defendants, the private lender,Cove Mortgage/CMIC Mortgage Investment Corp. and the defendant,lawyer Andrew Bury,Gowling WLG and the 5 other defendants which remains active in the BC Court of Appeal with my appeal on the basis of primarily fraudulent concealment ( a statute cannot cloak a fraud) and the maximums of equity pursuant to the 2 year Statute of Limitations and other relevant factors.
I found out through extensive and excellent research by the National Self Represented Litigants Project at the University Windsor whose project leader for 5 years is Dr. Julie MacFarlane, one of the top 25 most influential lawyers in Canada, who is trying to change the broken justice system from within, that a Summary Trial and Judgment process is a "Denial of Justice " to self represented litigants and a highly aggressive intentional strategy used by lawyers on behalf of their defendant clients to try and stop legitimate and proveable claims such as mine where their defendant clients face hugh losses and damages claims.
Other highly aggressive strategies used by lawyers representing their clients have included repetitive Notices of Application to dismiss my claims against their clients , repetitive demands for me to post security for costs for my 2 trials and for appeals, as was done in my situation, where their clients' actions and inactions have drained a person financially as in my situation and who are well aware that posting security for costs will be highly challenging given that :
(a) I have gone from being in the top 2% of income earners in Canada most of my successful 5 decade long career to living on minimum income as a senior as a direct result of their actions
(b) the defendants have unfairly eroded over $3 million of my equity in my two properties with the lowball,predatory sale prices
(c) that I no longer own the 3 properties valued at $5.5 million in 2008 and that I had worked so hard for and honestly all my life prior to the global financial crisis of 2008.
FILING OF MY STATEMENT OF CLAIM IN THE BC SUPREME COURT RE MY FORMER SEAVIEW VILLA ESTATES MULTIFAMILY OCEANVIVEW DEVELOPMENT SITE ON THE SUNSHINE COAST
August 4,2017 I filed my extensive and detailed 31 page claim as a self represented litigant against the following defendants - BC Ministry of the Attorney General; the same North Vancouver private lender, Cove Mortgage Ltd./CMIC Mortgage Investment Corp.,North Vancouver ;the same lawyer for Cove Mortgage Ltd./ CMIC Mortgage, Andrew Bury,Gowling WLG ; Landquest Realty Corp.,Landquest President, Richard Osborne ; Jason Zroback, Landquest selling realtor; Ken Tiderington, agent for buyer; Tiderington's company,Crown Point Developments; The Strongman Group,North Vancouver, Gerry Strongman,Marc Strongman,buyer through his purposefully incorporated numbered company, the defendant, No.1042635 BC Ltd.
UPDATED STATUS OF MY CLAIM RE MY FORMER SEAVIEW VILLA ESTATES MULTI FAMILY OCEANVIEW DEVELOPMENT SITE
2 Week Jury Trial is scheduled for June 1,2020
One step forward with confirmation of my scheduled 2 week Jury Trial ( Jury Trial purposefully chosen to ensure as much as possible fairness and justice,access to justice,accountability and integrity in the well recognized for years highly dysfunctional justice system in dire need of procedural reform and structural change) for June 1,2020 against the defendant predatory buyer ,Marc Strongman and his defendant numbered company, No. 1042635 BC Ltd.by a Judge at a Case Planning Conference in the BC Supreme Court which I initiated September 6,2019.
I filed my appeal August 27,2019 in the BC Court of Appeal of yet another "quick and dirty" one and a half day Summary Trial June 28 and August 12,2019 regarding my Seaview claim initiated by the same two highly aggressive lawyers representing the two defendants, the private lender,Cove Mortgage/CMIC Mortgage Investment Corp. and the defendant lawyer,Andrew Bury,Gowling WLG which was also joined by a similarly aggressive lawyer representing the Landquest Realty defendants who sought to have my claims against their clients dismissed.
For the Seaview Summary Trial, once more I prepared a detailed and comprehensive affidavit with exhibits including "Reasons why a Summary Trial and Judgment Process was not appropriate, fair nor just regarding my claim where my losses and damages are in excess of $6 million.
The presiding Judge at the hearing inspite of having full knowledge that I had taken significant steps to move my Seaview claim forward to a 2 week Trial June 1 ,2020 and
(a) I had prepared a List of documents for my Seaview claim May 29 and had received and reviewed the list of documents received from the lawyer representing the private lender June 3 , from the lawyer representing the predatory buyer June 4 and from the lawyer representing the lawyer,June 14 after repeated requests to receive same and
(b) I had begun Examinations for Discovery of (a) the President, of the defendant North Vancouver private lender company,Cove Mortgage Ltd. who is also a Director of the defendant,CMIC Mortgage Investment Corp. June 7,(b) the defendant lawyer , Andrew Bury,Gowling WLG June 19; and(c) the defendant buyer, Marc Strongman, the Strongman Group and President of the defendant numbered company, No. 1042635 BC Ltd. on June 7 and had an additional examination for discovery of the Landquest defendants scheduled for the morning of August 14, the presiding Judge gave her oral reasons the same morning of August 14 dismissing my claims against these 3 defendants and used her subjective "discretionary " authority to disallow my right to amend my claims against the 3 defendants.
Written reasons of 32 pages of the Judge from the Summary Trial regarding Seaview were not received until almost 5 weeks later , September 19,2019.
It should also be noted that in a separate Notice of Application to have my Seaview claim against the defendant, the BC Ministry of the Attorney General dismissed there was a prior hearing in the BC Supreme Court March 8,2019 for which I had to also file yet another Appeal in the BC Court of Appeal March 14,2019 to protect my interests in my fight for justice.
Similarly,the lawyer for the BC Attorney General also then filed another application for me to post security for costs of my appeal with the full knowledge that my financial resources were limited having gone from being in the top 2% of income earners in Canada most of my career to being forced to live on limited income as a senior as a direct result of the actions of defendants.
The BC Ministry of the Attorney General which is responsible for the administration of justice in BC and accountable for same stated in its Notice of Application that it is not responsible for errors and omissions of Judges and Masters and that through the BC Crown Proceedings Act they are immune.
This is a blatant abuse of power and certainly not an even playing field when the BC Ministry of the Attorney General (a) acts in bad faith (b) acts contrary to my rights to access justice and obtain equal access to justice (c) acts contrary to the well established and accepted Rule of Law including accountability where the government as well as private individuals are held accountable under the law (d) that there are just laws which are clear, published, stable and just and applied evenly to protect fundamental rights,including security of persons and property and certain core human rights(e) is not an open government where processes by which the laws are enacted,administered and enforced are accessible and (f) when accessibility and justice are not delivered timely by competent,ethical and independent representatives and neutrals who make up the communities they serve.
Key factors of an effective Civil Justice System from the World Justice Project under the Rule of Law include :1. People can access and afford civil justice 2. Civil justice is free of discrimination 3. Civil justice is free of corruption and 4. Civil justice is free of improper government influence.
To date, I have posted security for costs of $20,000 in the Court for the trial of my former home claim and the trial of my former Seaview Villa Estates claim with funds I have borrowed and received from supporters of mine in my ongoing fight for justice.
SOME PUBLICITY AND COMMUNICATIONS
After reading a column in the Vancouver Sun by the newspaper's legal columnist,Ian Mulgrew July 2017 with the heading "Legal Quagmire Must Be Addressed "in which he interviewed former BC Attorney General Wally Oppal, also a former Justice in the BC Supreme Court ,I contacted Wally Oppal for his help and advice and in a follow up phone conversation with him , he stated that I "have been treated unfairly."
I met with Wally Oppal May 15 this year who reiterated his same comment that I "have been treated unfairly - which I know only too well.
Wally Oppal is one of the people I have requested to help me in locating an experienced, committed and trustworthy lawyer to work with me.
Similarly, I had met previously with former and now retired Chief Justice of the Supreme Court, Bryan Williams shortly after I was forced out of my former North Vancouver home in April 2013 who stated "This should not have happened".
And yet it did - in the highly dysfunctional legal /justice system created by lawyers for lawyers and Judges which lacks fairness and justice, accountability and integrity and which ignores the Rule of
Bryan Williams also told me that he had been trying to fix the "broken" justice system since the mid 1980s.
Part of my story related to my lengthy fight for justice since 2011 as a self represented litigant and in particular related to the demand by aggressive lawyers that I post security for costs of my claim regarding my former North Vancouver home appeared on page 1 of the Vancouver Sun November 9,2017 written by the Vancouver Sun's legal columnist, Ian Mulgrew.
The above referenced article I forwarded to BC Attorney General , David Eby ( who I met at an Anti Corruption Forum related to money laundering in real estate December 2017) which I also copied to Chief Justice for BC and Chief Justice of the BC Court of Appeal, Robert Bauman (who I have known for over 30 years since he was the District of North Vancouver's lawyer when I was on Council previously) requesting an objective, open and transparent investigation of the BC Justice system) and in particular as it relates to my ongoing litigation regarding my former home and my former Seaview development site.
While BC Attorney General David Eby,who was recognized as a strong vocal advocate for marginalized people caught up in the legal/justice system prior to becoming BC Attorney General, said he would meet with me at a pre Christmas Open House at his Vancouver office I attended in 2017, no meeting has ever been arranged.
Instead he turned over both my claims to a civil litigation lawyer working within the BC Attorney General Ministry.
I had also written on a non partisan basis to former Federal Minister of Justice and Attorney General , Jody Wilson Raybould with a copy to her Deputy Minister requesting a meeting to discuss what happened to me and why and the justice system in particular. Again no meeting was ever arranged.
My communications on a non partisan basis to Prime Minister Justin Trudeau when he was first elected in 2014 also copied to his Chief of Staff, Katie Telford also received no reply.
I did have a phone conversation April 2016 with former Prime Minister , Paul Martin who I had met at a private barbecue in West Vancouver several years ago and to whom I had given a copy of my internationally endorsed book "Addiction By Prescription." However, nothing resulted from my conversation with him either regarding his efforts to communicate with Prime Minister Trudeau on my behalf regarding what has happened to me and why.
The former MP for West Vancouver / Capilano and the Sunshine Coast, Pam Goldsmith Jones (who did not run for reelection in October this year) who served with me on North Vancouver District Council previously when I asked her to raise my issue in the House of Commons said initially she would and then later advised that she couldn't "because it would embarrass the government ."
She called my precarious financial situation "tragic" as have many other people who know my story including MP Elizabeth May, former leader of the Federal Green Party.
It is more than tragic, it is unjust and unfair and blatantly morally and ethically wrong !
MORE OF WHAT I HAVE LEARNED AND FOUND OUT ABOUT THE LEGAL /JUSTICE SYSTEM AND
LAWYERS IN MY FIGHT FOR JUSTICE
- Finding an experienced , committed and trustworthy lawyer to work with me in my fight for justice continues to be highly challenging for many reasons including (a) complexity and inter relationship of my claims,(b) high lawyers' fees, with preferrential treatment given to clients who can pay which I can not because of what has happened to me and why and my resultant financial circumstances (c) lawyers' schedules (d) conflicts of interest and (e) in particular ,the fact that I am suing a prominent Vancouver lawyer.
- Lawyers and legal related organizations have a vested self interest in maintaining the status quo primarily motivated by money and not justice.
- Lots of talk about access to justice but little concrete action for decades for long overdue systemic change and reform including rules and procedures.
- Rules of Court are complex , inconsistently applied with different rules applicable to lawyers who as in my situation, the defendant lawyer ,Andrew Bury was not held accountable for his documented assurances to the Court August 1,2012 re not using the term "Court Ordered Sale" in the marketing and advertising of both my former home and my former Seaview Villa Estates multi family oceanview development site for which he could have been held in contempt of Court.
- The continuous need for more and more affidavits and exhibits to be filed in the Court in response to defendants' lawyers repetitive Notices of Application and motions - all aimed at trying to stop me in my proveable and legitimate claims.
- Repetitive security for costs of trials and appeals demanded to be posted and drawn upon in respect to both my claims by highly aggressive lawyers whose clients have caused the extensive losses and damages as in my situation with the resultant financial constraints and challenges on my ability to post funds ,also in their concerted efforts to try and stop me from proving my legitimate and proveable claims against their clients.
- Repetitive appearances before many different Masters and Judges where continuity is lost and who apply rules differently including decisions related to my right to amend my claims with one Judge saying I could and another Judge saying I could not.
- BC Law Society professional standards, codes of conduct and ethics I have found out have not been established to protect the public interest but primarily to protect lawyers.
- Lack of application by Judges of the Statement of Principles for Self represented Litigants endorsed by the Canadian Judicial Council in 2006 and endorsed again unanimously by the Supreme Court of Canada April 2017 including equal access to justice, procedural justice,equal treatment under the law, impartial ,non prejudicial, non discriminatory ,open,transparent,clearly defined court processes and evidentiary rules not used to unjustly hinder the legal interests and rights of self represented litigants.
- Continuous efforts by defendants' lawyers to bully, intimidate, demean,obstruct and show disrespect including in the Court where as an example the defendant Cove Mortgage 's lawyer on two occasions stated to the Judge that I "was not a little old lady in running shoes but a sophisticated business woman." It should also be noted that the presiding Judge did not discipline the lawyer even after I stood up to say "I do not accept this ."
- The BC Attorney General 's position that Masters and Judges cannot be held accountable for errors and omissions and that they are immune does not provide for fairness and justice in the Court system. No one including the government is above the law.
- In addition to the Judge's comments August ,2015 after approving the predatory sale price of Seaview's remaining development site for $550,000 compared to the appraised value of $3,761,000 stating I am "a sophisticated business person who can rebuild my wealth " (at the age of 75 - an incredible comment ), I appeared before another Judge who said he "was not going to read my affidavit and exhibits because he receives too much material " - when that is his job.
More recently on November 25,2019 after listening to an audio recording of the hearing on Assessment of Costs initiated by the same 3 highly aggressive lawyers representing their defendant clients to draw on my security for costs of $15,000 which I had deposited in good faith previously in the Court for my 2 week Seaview trial (which I had advised in writing October 10 to the same 3 lawyers I would not be attending because of important business and other matters which I had put on hold because of the considerable time I have been forced to spend on litigation,I found out that the Master assigned as Registrar for the November 25 hearing had not bothered to read material I had forwarded to the Registrar for the November 25 hearing including that I was not available until December 11 or December 12 and instead he asked the lawyer for the defendant,Cove Mortgage Ltd. what my letter said which received predominantly highly biased ,untruthfull ,demeaning and derogatory answers from Cove Mortgage's lawyer.
- The lack of application of the Rule of Law in the Court system is a serious threat to fairness and justice and to democracy itself in a government that is supposed to be " of the people, by the people and for the people".
- Use of discretion by Masters and Judges is highly subjective and significantly differs in its application between Masters and Judges.
- There is a serious lack of written policies ,practices and guidelines for Masters and Judges ie what is "a competitive bidding practice" and a "provident" sale.
- Litigation Funding from the private sector is only available if a ltigant has a lawyer and not available directly to self represented litigants.
- Case law by the private sector is only available by hiring a lawyer to research or direct same.
- Both Dr. Julie Macfarlane of the National Self Represented Litigants Project whose research and insights I continue to value highly as a self represented litigant and the program manager for BC Access Pro Bono ,whose services are very limited in scope ,told me that they have never experienced a person who has suffered such extensive losses and damages as I have.
- The court allows lawyers to use and manipulate the system for their own purposes ie use of a "secret bidder" and secret amount by Cove Mortgage's former lawyer , the defendant lawyer, Andrew Bury to keep the predatory price of my former family home of 43 years,low where both the name of the "Secret Bidder" and amount of the "secret bid" were unknown to myself as an affected litigant even though I asked the Court several times for this information which is my right to obtain same.
I only found out 18 months after my former home was sold April 2013 at another hearing that the defendant lawyer, Andrew Bury in fact knew not only the name of the "Secret Bidder" but the amount of the secret bid.
- In respect to Summary Trials being a denial of justice as in my situation regarding my former family home and my former Seaview multi family development site,I know from my former role as an elected Councillor in North Vancouver District for 13 years where I served in a quasi judicial role ( similar to Judges and Masters) that one can not make an objective decision without all the evidence being available as an example for public hearings.
The Judge in the Summary Trial for my former Seaview development site in her oral reasons August 14, 2019 made her decisions (under appeal in the BC Court of Appeal) without all the evidence I had obtained from examinations for discovery of the 3 defendants I had conducted in May and June and knowing there was an additional examination for discovery I had scheduled several weeks previously for the same morning of August 14 of the defendant President,Landquest Realty Corp.
- The court system fails to acknowledge the increasing number of self represented litigants who are caught up in the well recognized for years highly dysfunctional legal/justice system created by lawyers for lawyers and Judges which lacks affordability,access to justice,accountability and integrity who face significant challenges standing up for their rights and protection of their interests.
- When involved as a self represented litigant with lengthy litigation fighting for justice which is full of new learning and extensive research, high time demands,stress ,frustration and is costly , it is very crucial above all to maintain one's health and to continue to be strong,determined and to believe in what one is fighting for - fairness and justice.
In my situation,what has been allowed to happen and why makes a mockery of my years of hard and honest work as a 5 decade long successful business person ,entrepreneur and former elected Councillor for 13 years in North Vancouver District.
WHAT WILL FUNDS RAISED BE USED FOR ?
Donations will be used to assist with my ongoing legal costs including:
(a) continuing to move my Seaview Villa Estates claim to a 2 week Jury Trial June 1,2020 against the predatory buyer defendant of Seaview's former multi family oceanview development site including associated costs to amend my Statement of Claim against the predatory defendant buyer confirmed by the Judge at the Case Planning Conference September 6,2019 which I initiated.
(b) pre payment of members of the Jury for the Jury Trial June 1,2020 and applications to the Court as necessary and for a Trial Management conference I plan to schedule by February 20 2020.
(c) Additional planned 2 Examinations for Discovery of the defendant buyer and his defendant numbered company and the Chairman of the defendant company , The Strongman Group.
(d) Following up on documents to be filed for my Appeals in the BC Court of Appeal regarding both my former family home of 43 years claim and my former Seaview Villa Estates multi family oceanview
development site claim.
(e) For security for costs of my Appeals re Summary Judgments regarding my former home claim and my former Seaview Villa Estates multi family development site claim
(f) For legal help, advice on procedures and case law from an experienced and trustworthy lawyer regarding outstanding matters in the BC Supreme Court re my former family home claim and other related appearances in the BC Supreme Court and the BC Court of Appeal.
(g) For costs of disbursements, binders and copying as necessary for both claims.
WILL YOU PLEASE CONSIDER HELPING ME IN MY FIGHT FOR JUSTICE ?
PLEASE TRY TO " WALK IN MY SHOES."
WHAT HAS HAPPENED TO ME AND WHY COULD HAPPEN TO YOU !
I am sincerely and earnestly requesting your financial support in my ongoing fight for justice and to right a serious wrong which has left me financially devastated in all respects through no fault of mine nor of bad business decisions I have made.
Favourable Court decisions in my litigation regarding both my former home claim and my former Seaview Villa Estates multi family oceanview development site can become precedent and landmark setting and can help others who have not , for whatever reason(s), fought back.
I am a survivor and I will not stop in my fight for justice.
I want my life back !
WHAT HAS HAPPENED TO ME AND WHY IS NOT ONLY BLATANTLY UNFAIR AND UNJUST, IT IS MORALLY AND ETHICALLY WRONG !
Whatever amount you can donate will be most appreciated.
Donate here through online secure WePay or through direct secure deposit to the Bank of Montreal transit number 07780, account number 3978 583 Joan Gadsby Action Fund.
Or, in person at any branch of the Bank of Montreal.