Dear Premiere, Attorney General and Ontario Public Guardian;
This is to inform you that in addition to filing a Motion to admit New Information relating to an incapable persons financial statements, finally disclosed October 6, 2107, I will be seeking leave to modify my statement of claim for SCC Leave 37808 to include recently disclosed information the PGT uses different processes to evaluate management plans submitted by individuals and financial institutions.
This has the appearance the PGT violated my Charter 15 Rights. I would note that this cannot be due to changes in PGT policy as I have earlier inquired about PGT policies to the Attorney General and have a letter suggesting no policies changed.
On June 1 2015 the PGT rejected outright our property management plan because it did not contain a cash flow or income statement. The banks plan, currently under review contain neither as well – but rather than reject the plan and have them refile you are simply going to “request further details from BMO about cash flow”.
Had this process been applied in June of 2015 the PGT should not have rejected the plan outright, but requested further details of our plan. Had that process been followed in 2015 the PGT would have NOT been able to endorse a plan BMO’s had not even filed on June 2, 2015. On that date our plan would the only plan filed and if it had not been rejected outtright would still be in play. Without the PGT’s endorsement of a plan BMO had yet to file, our plan would likely been successful due to the SDA criteria of closeness on the person, and the fact that a cash flow and income statement, accepted by the PGT finance department, was filed before the hearing.
BMO’s plan filed June 10, 2015 did not include a cash flow. The PGT in it’s official position (filed June 16, 2015) neither rejected or endorsed BMO’s plan. It is apparent now that this deceptive approach appears to be a material omission regarding the fact different processes were used to arrive at this position, than used to reject our plan 16 days earlier. The amended plan BMO filed about November 1, 2017 (2 years & 4 months later) does not include a cash flow or income statement and again is not being rejected.
Applying different standards and processes for individuals and financial institutions has the appearance of a Charter 15 violation given the documents in question are approved as part of the administration of Justice.
My intention is to file the Motion to admit New Information to SCC 37808 when I file any responding material to filings by other parties.
I would hope the Premiere and Attorney General will review the PGT’s actions throughout this case and outlined in my Nov.10, email to them and Here.
There is no leadership by the PGT on Elder Abuse, in fact there is the appearance they condone it by favouring banks in their evaluation processes and calling predatory bank fees – expenses.