Hello every One and thank King or Queen You for joining Me, it is always a Pleasure to have You in My House. Just a very short Post today to let You know I do intend to return to My Matrix IV Interpret-a-Sean as soon as possible, but I am also hoping to resolve some final Matters regarding My father’s Estate before I get back to it. We really are nearing the end of that Issue, though reporting Court fraud and the intentional misuse of a Justice’s Endorsement, is apparently not a criminal offence – at least not under Canada’s criminal code.
My Sister and her lawyer have ‘faked’ an Application to the Court for a Certificate of Appointment of Estate Trustee and are claiming the unfiled Application was Endorsed almost two years ago! The Endorsement is not relevant at all because the previous application it was referencing was withdrawn. Needless to say, this is clearly intent to deceive and misrepresent the facts, but it is not a criminal offence, it is considered a civil offence.
So, what is the next course of action for Me? Well, frankly, that’s what makes this all so difficult. According to the Ontario Provincial Police, I have a legitimate claim against My Sister’s lawyer and the Law Society for professional misconduct, but it Will be up to the Justice to determine whether or not misrepresenting her Endorsement is a [criminal] Act of fraud. Contempt of Court can be a criminal offence, but it is determined by the presiding Justice.
So I was as King of the officer what he is thing King the Justice Will say when she finds out that My Sister’s lawyer is claiming an Endorsement is binding upon an Application that hasn’t been filed. He basically just said that he does NOT think the Justice Will be very impressed, but because the Court has not made a ruling on who the rightful claimant of the Estate is, it’s technically not fraud because the rightful claimant is still a Matter of contention? Trust Me, I’m still trying to get My head wrapped around this, too. Here is the definition of fraud as most of Us Will understand it.
A false misrepresentation of a Matter of fact – whether by Words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed – that is intended to deceive another so that the individual Will act upon it to his or her legal injury.
Now, as far as I’m concerned, that’s exactly what’s happening here. Crazy but True, the officer of the OPP actually agreed with Me – it’s just not punishable under the criminal code. It is also worthy to Note that contacting the OPP was something of a last resort and I did make it clear to the officer that I do NOT Wish to see My Brother or Sister charged with criminal offences. I feel it should have been My Sister’s lawyer’s duty to protect My Sister and ensure she is making her applications in accordance with the Rules of the Court and the Rule of Law. The officer agreed with Me and suggested that the lawyer Will likely be disbarred when the Justice learns of the offence, but it is not within the jurisdiction of the OPP, it is a civil Matter, not criminal. In a civil Court, the Justice can determine whether or not the Willful deceit constitutes a criminal offence and/or civil liability.
But there were a few Good things about tall King with the police. For once I actually felt they were on My side even though they can’t do anything. I had to explain the whole situation, including how My Sister has requested for Me to be excluded from the proceedings, to not be permitted to make My own application, and to pay for the Court costs to be excluded. When I told the officer that none of those requests were Honoured or even mentioned in the Endorsement, the officer chuckled a little and said, “yeah, I guess not.”
I didn’t record the call and I don’t Wish to misrepresent anything the officer said, but the Good News is there is no shortage of a paper trail once everything is said and done. The officer suggested I make an Application My Self or file a civil claim against My Sister’s lawyer for professional misconduct for intent to deceive and failure to provide disclosure of Estate assets without providing Me with the necessary disclosure for informed consent. I mentioned I’d already filed a complaint with the Law Society and they said they found no professional misconduct because they cannot speak to court filings or Matters of Law. Again the officer laughed a little and said that I should consider a claim against the lawyer anyway because a Court may make a different determination in that regard.
So for now I’m not sure what I am going to do. I Writ this Post to let You know where I’m at and what the Courts and the criminal code of Canada have to say on the Matter. Oh, just for the sake of interest, this is how fraud is defined under Canada’s criminal code.
- 380 (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,
- (a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
- (b) is guilty
- (i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
- (ii) of an offence punishable on summary conviction,where the value of the subject-matter of the offence does not exceed five thousand dollars.
This is also why I have some thing King to do because My Cestui Que Vie Trust is a testamentary instrument and My Brother and Sister have Willfully trespassed upon My Trust obligations and lied to Me about the Estate assets and why My Sister was making an application to the Court in the first place – she was being sued (power of sale for defaulting on the mortgage) for negligence in her fiduciary obligations to the Estate for its intended beneficiaries. I don’t Wish for My Brother or Sister to be charged criminally, though the officer did say that if I have an Express Trust, it is private and even the Courts do not have jurisdiction unless I am as King of the Court to compel performance in accordance with My Trust instrument, or consent to the [civil] jurisdiction and Estates Act. Otherwise, the Trustee Act is the authority governing performance in relation to the [Trust] Estate.
Wow, okay – so not as short as I was thing King this would be, but You are now up to date. The main Issue is that there really is no obligation to file an application of any kind if I have Created a private Trust, so I would not Wish to consent to the jurisdiction of the Courts under the Estates Act by filing an application, and My Sister is deliberately withholding the information so I can’t file an application even if I Wished to. I would need to file a Motion first as King of the Court to compel My Sister to provide disclosure of Estate assets first.
The second Issue is that the other ‘civil’ option is to file a Claim against My Sister and Brother for the assets and information they are [unlawfully] withholding, but I Will not know the extent of the damage until the Matter is done.
There is a third option and I’m wondering if You can guess what it might be? I’m not going to share it with You today because I know My adversaries are reading My Blog to find out what I’m going to do. The best clue I can Give You is to tell You I have already told You how I plan to proceed for those who comprehend the information in this Post.
I really AM hoping to be back to My Matrix IV Interpret-a-Sean soon, but this is just taking up too much head space right now to focus on the material properly. Cross Your fingers that I Will get some answers and results soon.
Love and Blessings,
Post Script – This is still following through with all of the ‘proper’ legal and lawful channels, and every effort I make to resolve this Issue within the Law Will be war King to My benefit when this does finally come before a Court. I have a police report number, a file number for My complaint with the Law Society… One thing the officer did say, is that they Will have to answer to Me at some point and when this does come before a Court, this Will all reflect very poorly on My Sister who Will likely be considered a ‘vexatious’ litigant, and the repercussions of that Will follow her for many years to come. Food for thought just in case You are thing King My Brother and Sister Will get away with all of this. 😉