You have been advised that any actions taken as litigation guardian require you to be represented by counsel. You have not provided the name of your counsel.
On April 25, 2015 you were ordered to return Mom and her belongings to her home. You did not return her coin and stamp collection, though by an earlier email you acknowledged you were aware that Andrew had removed these belongings to his property.
As litigation guardian you should be aware, that BMO under their June 10, 2015 plan stated that they would provide quarterly asset reports. They have not met that obligation. You also should be aware that under SDA 32(10) “a guardian shall act in accordance with the management plan established for the property.” That Justice Tranmer provided time to file an amended plan does not remove the requirement for BMO to operate according to a plan the PGT had described as inadequate. This is clearly stated in the first 6 words of 32 (11) If there is a management plan, it may be amended”. A plan can only be amended if there is a 32(10) plan that must be followed.
The nature of the relationship between yourself and BMO does not appear to be arms length or independent. Ms. Maysekies cost docket shows numerous meetings between your counsel and BMO. On October 22, 2016 BMO brought a motion that property in the possession of children could be retained by them until Mom’s death. The only such property was the coin and stamp collections you did not return as Ordered on April 25, 2015. Your counsel was in attendance at that hearing, as were you. Neither brought to the Judges attention your failure to comply with the April Order, and the property referred to was the coin and stamps.
Subsequent to that hearing Ms. Mayeski’s docket show’s several emails and conversations between herself and your counsel regarding the return of the coins and stamps. The suggestion is that you and BMO have a very close relationship. As they have never consulted with Mom, despite numerous SDA paragraphs requiring them to, the inclusion of that paragraph must have been suggested by one of the parties.
From Feb 25, 2016 to June 1, 2016 there were frequent requests for quarterly reports to provided, to the current date. You were copied on these requests. Regardless of BMO’s duty under their plan, to provide quarterly statements, when statements are received, such as on June 1, 2016, they come through you not BMO. The June 1 2016 statement covered the period May 11 – December 9, 2015 and was described by you as covering the “EnCircle transactions for the period during which Ms. Griesdorf was interim manager of Mom’s assets (i.e. April to December 2015).”
At the time you asserted your role “As litigation guardian, I am willing to undertake an informal detailed accounting well before the two year deadline, and to share all such information with family members. I will do so when there exists an approved management plan. ” There was an approved management plan as a plan cannot be amended unless their is an approved plan (32 (10 & 11).
As litigation guardian you should be familiar with SDA paragraph “25. (1) An order appointing a guardian of property for a person shall include a finding that the person is incapable of managing property.” You were at the August 21, 2015 hearing where Justice Tranmer stated that without an entered order Mom was still deemed capable. You were in attendance on June 25, 2016 when the formal order was finally entered declaring her incapable. Until that time she was deemed capable and BMO could not be appointed property guardian.
Recently it was again you, not BMO that sent two accounts. This, again, suggests BMO forwards information to you, and it is you that elects to forward it. I assume my request to the Supreme Court of Canada, that if my appeal is granted, BMO be ordered to provide accounts, motivated that disclosure as the accounts arrived the day after you were served.
In reviewing those accounts it is immediately apparent that a transfer of $442K occurred on May 19, 2016, when BMO was not property guardian so could not have lawfully authorized it; and both you, and BMO in the affidavit of Lindsay Dunn, acknowledge that Ms. Griesdorf was no longer interim manager.
You were asked the question “Please provide who authorized the May 19, 2016 transfer? Under what authority? When was it authorized?”
Your responding email states “I have *voluntarily* passed on all financial records which have come into my possession and I have stated that I will attempt to address relevant issues at the appropriate time.” Note that you state that forwarding financial records is according to you, voluntary. I do not put much credence in you statement that you have forwarded all financial records – given you did not return mom’s property when ordered to, and there is that appearance of working with BMO to add a clause to their motion so that failure is erased.
I would have thought that as litigation guardian you would consider knowing who transferred $442K, there was not authority for, would be relevant. I deduce that you do not find it relevant, as you are now saying that you could not refuse to provide the information as you do not know who carried out the transfer. Given your duties as litigation guardian, and having been asked to find out who carried out this transfer, not knowing can occur because you refused to ask, have asked and have not been told but will not say that you have not been told, or you were told and have refused to say who carried out the transfer. All suggest a degree of refusal on your part.
Recently BMO informed another party that all questions to it should go through you, suggesting that asking you to find out who carried out the transfer was appropriate and correct. And that BMO expects you to pass on, or filter, those questions.
Given the relationship between yourself and BMO please provide a sworn affidavit that you have received no statements regarding any of mom’s accounts from BMO covering any period after December 09/2015 until 3 days before the statements you forwarded to us on September 21, 2017.
On October 6 you forwarded statements covering $220K in of unreported outflows that you had received from BMO on 3 days earlier. I do not understand why BMO would not send this directly, or why you would sit on it for 3 days. BMO send the material directly – so there is providence for legal accountability.
I note that despite your statement on June 1, 2016 and Ms. Dunn’s affadavit of November 2016 that Ms. Griesdorf ceased to be involved after December, 2015 – the address labels on the statement up to April 2016 are addressed to Wendy Griesdorf, suggesting continued involvement.
In accepting a transfer they would financially benifit from BMO appears to have breached their fiduciary duty to Mom. They may have become complicity in what appears to have occured through misrepresentation. In not asking who carried out a transfer you should know should not have occured, you too may become complicit.
I have altered the sections of my web site you find offensive, noted that you have threatened me with defamation, and posted your email.
Please remember that, as litigation guardian you are liable, are required under the Rules of Procedure to have counsel, and have been advised to get counsel.
I have provided you until Friday 8am October 13, 2017 to inform me of such counsel as I will be filing a report covering the above with authorities.