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1. Canada also needs insight however a recent article in the Macleans magazine, with its front cover page entitled, “B.C. WORLD CRIME SUPERPOWER” it does not appear as though there is any light at the end of the tunnel any time soon.

   The crimes in Canada are more sophisticated, in the sense that, law enforcement and the Attorney Generals, turned a blind eye to crimes committed by members of the bar and by realtors who are working with lawyers.

   A friend of mine, who is 76 years of age, lost his home and is homeless without a permanent address, due to judges in B.C., 20 to be exact, who turned a blind eye to fraud committed by lawyers.

   My friend filed two separate applications for leave to appeal at the Supreme Court of Canada and the first application was dismissed on the basis of a deliberate factual error made by the lawyer who prepares the summaries for the Judges at the SCC.

   My friend asked for a reconsideration based on the factual error, and the SCC decided to not accept the application and sent all six books back to him. The applications were refused and sent back to the SCC with a letter from my friend’s pro bono lawyer, who is retired from the bar since year 2006.

   Following is the letter sent to the SCC. I have omitted the name of the retired lawyer however the letter will give the readers an idea of how we are in a crise.

   Whereas British Columbia is the capital of the world for drug trade and criminal organizations, corruption is all the way to the top in Canada. The bar and the judiciary together are causing citizens serious problems.

   The following letter will give readers something to think about next time they come and visit Canada, Columbia North. Tina Zanetti:

   Re: Harold Gaffney and A. Farber & Partners Ltd. File No: 32316

   Dear Madame Registrar Ms. Anne Roland,

   I am the pro bono lawyer for Mr. Harold Gaffney.

   I was called to the bar on May 16, 1957 and I retired as a member in good standing in January 2006. A great part of my practice was property conveyance.

   I have read the Summary posted on the Supreme Court of Canada website of the above noted matter — which I understand was available prior to the Leave being denied by the Court. Regarding Mr. Gaffney’s legal standing in the bankruptcy proceedings, the facts are as follows:

   1. On August 31st, 2006, I was present before Justice Meiklem, together with Mr. Gaffney for whom I act as a pro bono lawyer, Ms. Tina Zanetti, Mr. David Donohoe solicitor for A. Farber & Partners Ltd. and Mr. Keith Oliver solicitor for Ms. Sheila Gaffney, on a motion by Mr. Gaffney to set aside the discharge of the bankruptcy. During the course of the hearing, the motion was orally amended by Ms. Zanetti at my direction and at the direction of Mr. Gaffney to annul the bankruptcy of Mrs. Gaffney, ab initio;

   2. During the course of the proceedings before Meiklem J. the matter of the validity of the assignment into bankruptcy was in question and as a result Mr. Justice Meiklem after hearing Ms. Zanetti agreed and did not differ from that position that, “the trustee was well aware that there was no real insolvency issue here. There was no insolvency”. [emphasis added] Transcript at p. 65 paragraphs 27 to 31.

   3. Mr. Justice Meiklem was also aware and noted in his Reasons for Judgment of November 17, 2006 at page 2 paragraph 3, of which I attach a copy, that, ”On June 16, 2005, the Trustee applied to be registered as owner of the bankrupt’s undivided one-half interest in the condominium property jointly owned by the bankrupt with Mr. Gaffney”.

   4. It was only after Mrs. Gaffney’s assignment into bankruptcy which took place on May 13th, 2005, that Kenneth A. Rowan, the principal of the company, asked Mrs. Gaffney to transfer her interest in the property to A. Farber & Partners Ltd. being the trustee in bankruptcy, thereby deliberately severing the joint tenancy where Mr. Gaffney became the owner of an undivided half interest of the real estate and A. Farber & Partners Ltd. became owner of the other half — in trust for purposes of the bankruptcy.

   5. This transfer took place at the Land Title Office on June 27th, 2005. At the time of the hearing on August 31, 2006, the undivided half interest was still under the name of A. Farber & Partners Ltd. – in trust for purposes of the bankruptcy. Mr. Rowan had not transferred trustee’s half interest to the alleged bankrupt Sheila Gaffney until Nov. 27th, 2006, thereby the aforementioned Summary prepared by a lawyer at the Supreme Court of Canada is plainly false when it states that:

   a. “Harold Gaffney is the estranged husband of Sheila Gaffney. When Ms. Gaffney filed an assignment in bankruptcy in May 2005, her one-half interest in a piece of property she and Mr. Gaffney owned as tenants in common [emphasis added by the writer] was transferred to the trustee.”

   6. It concerns me that someone seemingly has intercepted the information before the Court and transposed the status of Ms. Gaffney from joint tenant with Mr. Gaffney to tenants in common with Mr. Gaffney.

   a. This is an all important change of distinction that must not be overlooked, because the implications of fraud by the bankrupt could flow back to the other joint tenant. Mr. Gaffney reported the fraud immediately that it became known to him that there was a blatant theft from the Federal Treasury.

   7. It is to be noted that Mr. Rowan applied for an income tax refund on a credit of a child disability claim going back to 1999. The subject of the claim was made on behalf of Sheila Gaffney for her grandson of 18 years of age, Marché Riley. Mr. Gaffney, who raised Mrs. Gaffney’s grandson since the age of one, informed me that Marché Riley was not disabled at any time. A member of the College of Physicians and Surgeons of B.C. also made a factual error in that Mr. Gaffney was named as the father of Marché Riley for the purpose of facilitating the claim.

   8. I wrote to the College of Physicians and Surgeons of B.C. asking them to correct their records and like the Supreme Court of Canada to date, they have refused to do so and rather allowed a claim to proceed based on a serious fraud committed on the treasury of this country. The refund amount was of $12,198.03 which was payable to the trustee in bankruptcy, A. Farber & Partners Ltd. in June of 2006, prior to the proceedings on August 31st, 2006. Mr. Rowan also received a tax refund of $2,171.06 plus interest of $75.44 which also was payable to A. Farber & Partners Ltd;

   9. The real estate was valued by Mr. Rowan for the bankruptcy at a total of $134,000, yet on transfer of Mrs. Gaffney’s interest the same property was valued by Kenneth A. Rowan on June 27th, 2005 at $185,000, an increase of $51,000, within one month.

   10. Had the higher value of the property been entered in the Statement of Affairs of Mrs. Gaffney, Mrs. Gaffney would not have had grounds to an assignment into bankruptcy. This appears to be a new version of the old fraud game, called ‘bait and switch’. Further, the debt owed of $20,000 was jointly held, like the title of the property, which Mr. Gaffney paid off naturally, given that his wife ran up debts and then ducked out so as to not meet her obligations held jointly with her husband. A further version of the classic, ‘bait and switch’ tactic.

   11. Note that Mrs. Gaffney who left the matrimonial home on April 29, 2005 without cause has not filed for divorce and as a result to date there is no triggering event between Mr. and Mrs. Gaffney in accordance with the Family Relations Act of British Columbia, which is required to separate the assets of the spouses.

   12. In this case the assets were transferred because the lower courts, knowing that Mr. Gaffney had legal standing by virtue of the joint tenancy, silently decided to ignore the joint tenancy facts, and imposed s. 29 of the BC Court of Appeal Act, for the wrongful purpose of making it appear that my client was being vindictive and/or vexatious in further involving himself with the opposing party on the opposing party leaving the home, in pursuit of a matter that, if my client was a tenant in common, there were no implications for him because the alleged bankrupt was, as the Summary claims, a tenant in common, whereas the truth of it was that the alleged bankrupt was a joint tenant, and had loaded up the mortgage with a lot of debt attributed to her alone, and had defrauded others like CRA for about $13,000. The joint tenancy was severed when Kenneth A. Rowan, the principal of Farber & Partners Ltd., knowing that the property was joined, transferred the half interest of the alleged bankrupt held jointly, to himself on June 27th, 2005.

   13. It is commonly said in legal proceedings, ‘One cannot suck and blow at the same time”: Mr. Keith Oliver and his client Mr. Rowan has sucked Mr. Gaffney into a joint tenancy fraud, and now believes he can blow back on title by way of multitudes of frauds including several court proceedings. Mr. Keith Oliver claims the property is entirely his own, allegedly in satisfaction for legal fees that he is owed by both Harold Gaffney and Sheila Gaffney, whereas the truth of it is Mr. Keith Oliver is owed nothing by Harold Gaffney. The last application at the Court of Appeal was on December 17, 2007 before Mr. Justice Tysoe.

   14. The lawyer, who prepared the Summary of the case noted above, should have carefully reviewed the Reasons for Judgments and the Orders of the lower courts in particular the transcript before Meiklem J. (the Transcript is included in the Application for Leave to Appeal at pp. 151 to 225). Had the lawyer done his due diligence, he would not have made up a fact to legitimize the sale of the property, which is the subject of another Application for Leave to Appeal under file number 32381. Plain and simple, the lawyer who prepared the aforementioned Summary for the Supreme Court of Canada put a spin on the Application for Leave to Appeal, seemingly for the purpose of posting on the Supreme Court of Canada website that Mr. Gaffney was a vexatious litigant who shall we say, lost his compass, when the truth is that Mr. Gaffney is carefully focused and right on track and is of a firm resolve not to be defrauded of his property.

   15. Plain and simple, Mr. Gaffney would be demented to have done what the lawyer who wrote the aforementioned Summary would have the public believe that he has done and to that extend it is slanderous to him.

   16. This is a very serious matter and as the duly appointed Registrar of the Supreme Court of Canada, it behooves you to put the matter before your superior, the Chief Judge of the Supreme Court of Canada, and give the careful attention to this matter that Mr. Gaffney deserves.

   17. At present I understand that the Registrar has not accepted Mr. Gaffney’s request for a reconsideration of his Application for Leave to Appeal which was dismissed on the basis of the factual error, and as such the Registrar sent back the original and five copies of the application for reconsideration. Note that Mr. Gaffney has refused the material and sent it back to the SCC.

   18. It would be a travesty of justice to not correct a factual error on the record when such fact would have made a difference in the application for leave to appeal regarding the bankruptcy standing and it would have made a difference with file number 32381 wherein Mr. Justice Ian Binnie would not have been so quick at dismissing the application for a Stay of Execution regarding the property of my client being ordered sold without the knowledge and proof as to whether the alleged purchasers of my client’s property had raised the funds.

   19. The highest court of the land cannot allow itself to be positioned as it has to assist any party in committing fraud. In this case a fraudulent misrepresentation of the facts has occurred by the lawyer who prepared the Summary.

   20. I reasonably request that the SCC correct the factual error made by the lawyer who prepared the Summary for file number 32316 and reset the matter as it was before the interception of the communication occurred.

   Please acknowledge receipt of this correspondence.

   Yours Truly,

   Comment by tina Zanetti — May 14, 2008 @ 10:49 am

2. As an economy worsens so does fraud become more prevalent. It is more important now then ever to be cautious, CAVEAT EMPTOR, Buyer Beware (seems to be my theme song).

   Fraud will show its ugly face in many ways across the economy. Mortgage fraud will decline as lending practices is going back to pre mid 90’s….”valilla” lending. Got the score, got the down payment, got the income and assets…..you get a mortgage.

   The commercial real estate hammer has yet to fall as has auto loans and credit cards. All were “securitized”, rated AAA by the rating agencies and sold to unwary investors around the world. You will see more pension plans lose, more municipalities and banks globaly lose. All defrauded by our trusted financial institutions.

   Little is known or reported on the various layers of debt instruments created, falsly rated and sold. Case in point, the severe financial situation AIG, this country’s largest insurer, finds itself in. Cause? Debt Swaps, insurance against all of the securitized instruments, from mortgages to credit cards. In other words, they insured against the failure of the collateralized instruments now they can’t cover the losses.

   History will record this as the “Greates Corporate Fraud ever perpetrated against the World.

   While the FBI investigates the thousands of small fry, little is said about investigations on the BIG FIST. They should start with Fannie Mae and Freddie Mac, Wall Street and Banks. I also believe historians will disclose the complicity of the government, having the knowledge of what was happening and not alerting the public or taking those actions they are legally empowered to take to have prevented most of this. Impossible you say. That was the case, as reported by historians of what happened during the Great Depression.

   We are at a critical point in this country and globally. We, the people, can make a difference and change the course of our country so that our children and our children’s children can have the same lifesyle many of us had enjoyed. We need to rebuild trust in our government and mostly in Corporate America. They need to function less on pure greed and more on fair profits while providing goods and services to “their fellow Americans”.

   CAVEAT EMPTOR

   Comment by Larry Rubinoff — May 14, 2008 @ 11:11 pm

3. Fraud, Fraud and More Fraud..as published Dec. 30, 2007
   http://www.flippingfrenzy.com/2007/12/30/guest-commentary-fraud-fraud-and-more-fraud/

   Just thought this link above would be relavent.

   Thanks

   Comment by Larry Rubinoff — May 14, 2008 @ 11:20 pm

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