Tag: Fasken Martineau DuMoulin LLP

Lawyer and police misconduct in Donald Best case “reads like a John Grisham novel”

John Grisham-Rogue Lawyer private

Perjury. Violence. Abduction. Threats to rape and murder witnesses. Anonymous internet threats from a Bay Street law firm. A Canadian judge’s secret backroom order.

Best vs. Ranking is just another civil lawsuit in Ontario Superior Court…

by Donald Best

by Donald Best

A judge once remarked on the record that my case reads like the plot from a John Grisham novel.

I can’t disagree. I wonder what Mr. Grisham himself might think. (Grisham photo above courtesy of the Toronto Star)

Like most Grisham novels the stakes in my case are high enough at US$120 million dollars to cause some lawyers, accountants, police officers and other professionals to step over the line.

Way over the line.

“My case is complex, but my April 23, 2015 sworn affidavit provides a basic summary and is, frankly, a pretty good page-turner at bedtime.”

Download Donald Best’s April 23, 2015 affidavit. (PDF 882kb without exhibits)

My case has seen some people on the other side (including certain lawyers and police officers) proveably commit various crimes including: fabricating evidence, lying to the court [1], fraudulently using a phoney non-existent ‘company’ as a lawyer’s client to petition the courts and transfer a million dollars [2], illegally hiring a corrupt OPP police sergeant ‘on the side’ to work against me in a civil lawsuit [3] and putting an innocent man in jail using proveably false, fabricated evidence. [4]

Welcome to civil litigation involving the Caribbean island nation of Barbados.

Also like a John Grisham novel, my witnesses, lawyers, myself and our family members have been the targets of a long-running campaign of violence, harassment and threats designed to deter us from seeking justice before the courts.

In the Greater Toronto Area, I was assaulted in the street. Also in the GTA, a man with a Caribbean accent approached and threatened one of my children over this case. My family’s auto was shot up. While my former lawyer was out of Canada litigating my case, his wife and family received an intimidating anonymous phone call from a person with a Barbados accent. My lawyer’s wife gathered up her children and fled their Orillia, Ontario home in terror; exactly as was intended by the caller.

One of my witnesses was abducted and beaten at gunpoint by a person connected with the other side in Barbados. One of my witnesses was threatened with job loss if he testified, and was fired from the University of the West Indies after he testified anyway.

Illegally and behind my back, an Ontario judge secretly substituted a changed court order in a backroom meeting; off the court record and without notifying me even though I was a self-represented litigant. This kind of judicial ‘Star Chamber’ activity regularly happens in Iran or Russia, but surely not in Canada; except when it does. [5]   Read more

Ontario Superior Court Justice J. Bryan Shaughnessy secretly increased prisoner’s jail sentence; in a backroom meeting, off the court record, without informing the prisoner.

Ontario Superior Court of Justice-private

How Justice Shaughnessy:

– Secretly substituted a new Warrant of Committal that included an increased sentence,

– Misled a self-represented litigant and made an inaccurate court record transcript,

– Ordered a self-represented litigant excluded from parts of the legal process in his own civil case hearing.

20100115 Warrant Justice Shaughnessy SAN

20130503 Warrant Justice Shaughnessy SAN

 (click photos to see full size*)

by Donald Best

by Donald Best, former Sergeant, Detective, Toronto Police.

UPDATED: Canadian Judicial Council investigates Justice J. Bryan Shaughnessy.

Original story, published December 2, 2015…

On May 3, 2013, I stood without a lawyer as an unrepresented / self-represented litigant before Ontario Superior Court Justice J. Bryan Shaughnessy. I heard his words refusing my application to overturn my January 15, 2010, conviction ‘in absentia’ and three-month sentence for Contempt of Civil Court in a civil litigation costs hearing. I had not attended the January 15, 2010 hearing as I was overseas and unaware of it.

The judge looked me straight in the eye and said on the court record that he was lifting the stay that he himself had placed upon his January 15, 2010, Warrant of Committal for my imprisonment and that I would now be taken to prison.

What Justice Shaughnessy didn’t tell me, and what I couldn’t know as the court police slapped on the handcuffs and took me to the cold cells below, was that even though my hearing was over and the judge had left the courtroom, he wasn’t quite finished with me.

While I paced in the basement cells awaiting transfer to prison, Justice Shaughnessy sat in some backroom where, off the court record, he secretly signed and substituted a new and changed Warrant of Committal that effectively increased my sentence by one-third.

Behind my back, the judge secretly arranged that I would only discover the increased sentence as a special surprise at some unknown time in the future; perhaps even months later as I neared my anticipated release date.

Superior Court Justice J. Bryan Shaughnessy

Superior Court Justice J. Bryan Shaughnessy

Justice J. Bryan Shaughnessy placed none of this on the court record transcript. He did it secretly after he left the courtroom and after I was led away in custody. Had he wanted to, he could have called me back to court to inform me, or even come down to the cells to tell me.

Justice Shaughnessy said nothing of this new and increased sentence to me, to my lawyer when I had one, or to anyone else in court, either on May 3, 2013, or during the many preceding court dates attended over a period of nine months. Not having any knowledge of the judge’s intention to secretly substitute a new Warrant of Committal with an increased sentence, I did not have an opportunity to make submissions to him or to argue against the legality of his actions. He arranged everything so I would learn about my increased sentence from some prison guard.

Further, on May 3, 2013 Justice Shaughnessy washed his hands of me and ordered that I was never again to be brought before him, so he made sure that he would never have to face me after I learned of his backroom surprise. As noted on page 69 of the May 3, 2013 court record transcript, just before he left the courtroom Justice Shaughnessy said:

“Further, I will also notate that I am no longer seized of this matter and I hereby direct that any further and other applications relating to this proceedings are to be heard by another judge.”

An acquaintance later remarked that Justice Shaughnessy must have quite a wicked sense of humour; even if his values, ethics, sense of justice and fair play appear to fall short.

An unrepresented defendant is fair game in Ontario Superior Court

I doubt that Justice Shaughnessy would have even attempted to secretly increase my sentence and substitute a new Warrant of Committal had a lawyer represented me. But as I was only an ordinary Canadian before the court with no lawyer, I was fair game.   Read more

The Sebastien Kwidzinski story: How senior partners taught a young articling lawyer to fabricate evidence and lie to the court.

Sebastien Kwidzinski & senior partners Gerald Ranking, Lorne Silver

Sebastien Kwidzinski & senior partners Gerald Ranking, Lorne Silver*

by Donald Best

by Donald Best

When Sebastien Kwidzinski arrived for work on the morning of November 17, 2009 he had no idea that by the end of the day circumstances would require him to make an ethical and legal decision; either reveal that he witnessed senior lawyers fabricating evidence and lying on the court record, or keep silent and become part of a group of Bay Street lawyers deceiving a judge with false evidence and lies.

What was a young articling student to do?

Think of the pressure to follow the lead of a senior partner who bragged of earning over a million dollars income a year. Tell the truth and you’re out; never to have a chance at a coveted Bay Street partnership. Keep the code of silence, support the team and you’re assured of achieving everything a young law student could want; an opportunity to be part of one of the most powerful legal cabals in Canada.

In Fall of 2009 Sebastien Kwidzinski was a 26-year-old fresh-faced kid working for Fasken Martineau DuMoulin LLP senior partner Gerald Ranking. Kwidzinski had always done well academically, graduating in 2002 at the top of his class from Our Lady of Mount Carmel Secondary School in Mississauga, Ontario. Recounting how York University sent a team to his home with a scholarship offer, Kwidzinski told the Toronto Star in 2006 that he “followed the money” and went into the law program at York U.

While at university Sebastien Kwidzinski was active in various student associations and in 2008 took a summer job with Faskens, where he was seconded to the Ontario Securities Commission. At 25 years old he was on his way to a law career with one of Canada’s largest and most respected legal firms.

As Kwidzinski excitedly headed off to his first day of work to “follow the money” with Fasken Martineau DuMoulin LLP, I wonder if he had ever read the words published by now Chief Judge of the United States Court of Appeals, Robert A Katzmann:

“As large firms have grown and multiplied, despondency about the decline of law practice from its virtuous and collegial past has intensified. Within the legal profession itself, many share the sense that law has freshly descended from a noble profession infused with civic virtue to a commercial pursuit. In the most erudite and theoretically sophisticated account of decline, the dean of the Yale Law School counsels idealistic young lawyers to stay clear of large firms, because they have a “harshly economizing spirit” and “increasingly commercial culture”.

The Law Firm and the Public Good, Robert A. Katzmann, page 40 (See ‘Some Canadian lawyers are too big to jail‘.)

Kwidzinski arrested for ‘Youthful Stupid Stunt’

But then came an incident that the Toronto Police later characterized as a youthful “stupid stunt”. On November 8, 2008 Sebastien Kwidzinski, age 25, was arrested along with two other York students and charged with false message, common nuisance and mischief interfering with property after a brown paper bag reading “I AM A BOMB” was left on a bus parked at York University. This happened two days into a strike by professors and teaching assistants of CUPE 3903. Thousands of people were evacuated from the area before the bomb squad declared the ‘bomb’ to be a hoax.   Read more

Purolator Courier confirms Faskens lawyer Gerry Ranking and secretary Jeannine Ouellette lied to Justice Shaughnessy in Ontario Superior Court

Public Domain photos of Lawyer Gerald Ranking (L) and secretary Jeannine Ouellette (R)

Public Domain photos of Lawyer Gerald Ranking (L) and Ranking’s secretary Jeannine Ouellette (R)

“Purolator Courier confirms: No tracking number, no shipping documents exist. Gerald Ranking and his secretary lied to the court. This article lays out the evidence.“

by Donald Best

by Donald Best

On January 15, 2010 while I was in Asia, I was convicted of civil contempt of court in absentia and sentenced to three months in prison during a hearing in Ontario Superior Court that I was unaware of. My conviction and three-month sentence were based upon provably fabricated evidence and lies told to the court by senior partners from some of Canada’s top law firms.

Amongst many other lies, Fasken Martineau DuMoulin LLP senior partner Gerald Ranking told the court that he and his secretary couriered to me a copy of a draft court order on November 6, 2009. Then on top of that lie, Mr. Ranking and his fellow lawyer Lorne S. Silver falsely told the court that during a November 17, 2009 phone call I had ‘confessed’ to receiving the draft court order purportedly couriered to me on November 6, 2009.

Purolator Courier confirms that Gerald Ranking and his secretary did not send me the draft court order as they assured Justice J. Bryan Shaughnessy of the Ontario Superior Court. Purolator Courier confirms that Gerald Ranking and his secretary lied to the court. This article lays out the evidence.

My fellow Canadians, don’t believe anything I say; just examine the evidence and judge for yourself.

Secret recording of telephone call

Public domain photo of Lorne Silver

Public domain photo of Lorne Silver

I have already shown how Faskens senior partner Gerry Ranking and Cassels Brock & Blackwell LLP senior partner Lorne Silver falsely told the court that, during a November 17, 2009 telephone call with them, I admitted receiving the draft court order purportedly couriered to me on November 6, 2009. Silver and Ranking lied to the court. I said no such thing and these lying lawyers knew it then and know it now.

My secret and legally made recordings of the call prove that I did not say that I had received the purported November 6, 2009 courier package or any court order. In fact, I stated exactly the opposite over a dozen times; that I had NOT received such an order and did not receive the purported package. Nonetheless, both Ranking and Silver lied to the court in writing and orally; falsely informing Justice J. Bryan Shaughnessy that I had told them during the phone call that I had received the draft court order.

Creating a second lie to support the first

Mr. Ranking and Mr. Silver were willing to lie to the court about what I said in the phone call, but their lie would be so much better if they had ‘proof’ that they did send me the draft court order they were falsely telling Justice Shaughnessy that I had ‘confessed’ to receiving.

In a very telling moment after the November 17, 2009 phone call, Fasken Martineau DuMoulin LLP lawyer Gerald Ranking stated that his legal secretary* Jeannine Ouellette on November 17, 2009 swore an affidavit of service that on November 6, 2009 she had sent to me via Purolator Courier a draft court order of Justice Shaughnessy dated November 2, 2009.

Download a pdf of Jeannine Ouellette’s affidavit here.

Jeannine Ouellette’s affidavit was a lie. Mr. Ranking lied to the court about sending me the draft court order, and lied to the court about me ‘confessing’ to him that I had received it.   Read more

Allard Prize Winner: “Lawyers are servants in the architecture of corruption.” 

The writer with Lieutenant-General, the Honourable Roméo Dallaire.

The writer with Lieutenant-General, the Honourable Roméo Dallaire.

by Donald Best

by Donald Best

Last week I had the honour and privilege of being an invited guest at the 2015 Allard Prize for International Integrity.

The $100,000 Allard Prize is one of the world’s largest prizes dedicated to the fight against corruption and protecting human rights. The prize is administered by the Peter A. Allard School of Law at the University of British Columbia, and is awarded every two years to a person, movement or organization that demonstrates exceptional courage and leadership in combating corruption, especially through promoting transparency, accountability and Rule of Law.

Over the two days of events, I spoke for a total of several hours with the 2015 finalists, various members of the Allard Prize Committee and Advisory Board, other invited guests and the keynote speaker, Lieutenant-General, the Honourable Roméo Dallaire.

To be honest, there were times when I felt a bit like a duck out of water, to be in the presence of so many leaders and esteemed persons from Canada and around the world. I was surprised to learn that several people I spoke with were already aware of my story in some detail. A few even sought me out and introduced themselves at the various events. They had heard about how Ontario lawyers fabricated evidence and lied to the courts to convict me of contempt of court in my absence from Canada during a rushed civil hearing that I was not made aware of.

It was also interesting to hear the anti-corruption community’s focus turning from the injustice of my conviction and incarceration to a wider concern about how Ontario’s legal profession covered up and whitewashed proven corruption and criminal acts by lawyers from some of Canada’s largest and most respected law firms.

As one person commented to me,

“How could the Law Society of Upper Canada not look into a lawyer taking a million dollars for a phony company he knows doesn’t really exist?”

That was a good question, and one for which I had no answer. The one thing we do know is that the million dollars was never deposited by Faskens lawyer Gerald Ranking into any bank account in the name of his fraudulent, non-existent, phoney Barbados client ‘PricewaterhouseCoopers East Caribbean Firm’.

I shared a chuckle with the Attorney General for British Columbia, The Honourable Suzanne Anton Q.C., whom I did not recognize. Ms. Anton is a gracious person, and from what I heard at the reception, is a zealous advocate for integrity and ethical behaviour in the legal profession.   Read more

Why did Fasken Martineau lawyer Gerald Ranking not submit costs to the Supreme Court of Canada?

More evidence that Toronto lawyer Gerald ‘Gerry’ Ranking committed fraud upon the Supreme Court of Canada & Ontario courts

Money laundering question: Where did the million dollars go?

Faskens lawyer Gerald L Ranking

On September 4, 2014, the Supreme Court of Canada dismissed my application for leave to appeal a judgment of the Court of Appeal for Ontario. I am informed that this doesn’t mean that the SCC thought that my appeal would not succeed or that it was without merit; it simply means that the SCC selects a very few cases out of hundreds of applicants. Apparently the SCC attempts to highlight cases that it believes have national implications, and for its own reasons the court did not choose to consider my case.

That’s life. As an aside, it also means that in some twenty appearances before the courts, no court, up to and including the Supreme Court of Canada, ever listened to or chose to listen to, the voice recordings that prove big law firm lawyers Gerald Ranking and Lorne Silver fabricated evidence and lied to the Superior Court of Ontario to convict me in absentia of Contempt of Civil Court, and to put me in jail.

Again, that’s life. It is my hope that someday a jury of my fellow Canadians will listen to the voice recordings during the Best vs. Ranking civil case.

I can assure my readers that unlike the legal profession, ordinary Canadians have no reluctance at all to listen to the November 17, 2009 voice recordings of my telephone call with lawyers Gerald Ranking and Lorne Sliver, and to compare those recordings with the false evidence the lawyers provided to the courts to convict and jail me.

(Readers can listen to the recording and examine documents here.)

Why did Gerald Ranking / Fasken Martineau not submit costs?

The rules and case law of civil procedure in Ontario are fairly simple; under normal circumstances it is usual that those litigants who bring actions or motions that are denied by the court might have some liability to pay the opposition for their legal costs.

Thus, when the Supreme Court of Canada declined to consider my appeal, the court awarded $20,364.79 costs payable by me to defendant Kingsland Estates Limited.

But the court awarded no costs payable to Gerald Ranking’s purported client ‘PricewaterhouseCoopers East Caribbean Firm’.

As the Supreme Court of Canada said in its reasons: “The respondent, PriceWaterhouseCoopers, has not submitted a bill of costs..” (SCC Costs decision here PDF 949kb)

A fraud upon the courts explained

Toronto lawyer Gerald L Ranking

Why would Gerald Ranking and Fasken Martineau DuMoulin LLP law firm not submit a costs claim to the Surpreme Court of Canada as is normal? Why would Faskens and Ranking not attempt to recover costs for their purported ‘client’?

The answer is simple enough: Faskens senior lawyer Gerald Lancaster Ranking and his partners at Fasken Martineau DuMoulin LLP knew that their purported client, ‘PricewaterhouseCoopers East Caribbean Firm’ does not, and did not, exist at any time. Ranking and his law firm did not want to double-down on their fraud upon the Supreme Court of Canada and have the SCC issue another cost order to what the lawyers know is a false, phoney, criminally fraudulent, non-existent ‘client’.   Read more

Law Society of Upper Canada unlikely to win the Allard Prize for International Integrity

Allard Prize Integrity

by Donald Best

by Donald Best

Lawyers have significant influence in the shaping, drafting and enforcement of policies and legislation that protect critical checks and balances necessary for a healthy society.

But who regulates and oversees the lawyers? And what happens to a society if lawyers abandon ethics and societal accountability in the pursuit of money? What happens if greed, not justice and truth, becomes the primary motivation of lawyers?

Such has been our confidence in the legal profession that, to this time, Canadians have allowed lawyers to regulate and discipline themselves without independent civilian oversight, public accountability or any real transparency. That willingness of Canadians to allow lawyers to self-regulate is changing with revelation after revelation of serious wrongdoing by lawyers and coverups by governing legal bodies.

In Ontario, the Law Society of Upper Canada has time and time again covered up or ignored criminal activities by lawyers; especially if the lawyers are associated with any of Canada’s largest law firms. The recent ‘Broken Trust‘ series of articles in the Toronto Star looks into why over 80% of Ontario lawyers who commit serious criminal offences in relation to their law practice never face criminal sanctions.

My own case (‘Donald Best v. Gerald Ranking et al’. Superior Court of Justice, Central East Region: Barrie, Court File No. 14-0815) is just one of many where Law Society of Upper Canada ignored and covered up solid evidence of criminal wrongdoing by Ontario lawyers and protected members of ‘the club’.

Evidence filed in Best vs Ranking shows that members of the large law firm club receive unhealthy deference from the Law Society of Upper Canada and other regulators in matters of misconduct and discipline.

In my case, the Law Society of Upper Canada ignored and covered up evidence of serious criminal offences by lawyers from large law firms. The law society also refused to assist me, an unrepresented litigant, to find legal counsel in a special situation where the vast majority of lawyers were too intimidated and frightened to represent me before the courts.   Read more

Judge: Hidden video and audio recordings prove Ontario police officer committed criminal acts

Durham Police Corruption-private

“I hurt people… and then I make their cocaine fuckin appear…”

Durham Regional Police Constable James Ebdon threatens violence and to plant drugs on motorcycle gang associate.

by Donald Best

by Donald Best

Durham Regional Police officer James Ebdon was caught in a hidden video / audio recording threatening to plant drugs and commit acts of violence against a member of the public. (You can watch and listen to the hidden recording at YouTube)

Some people might be inclined to excuse or ignore the incident because the officer threatened an associate of Hell’s Angel motorcycle gang member Harley Guindon. We cannot let the fact that the police officer was threatening a criminal associate to allay our personal and societal fear of such behaviour by police. Fabrication of evidence and perjury by police is a very dangerous and slippery slope, indeed.

In her decision, Ontario Superior Court Justice Laura Bird wrote:

“The evidence establishes that Constable Ebdon committed several criminal offences in the course of his duties. He has no appreciation for the seriousness of his conduct and continues to patrol the streets of Durham. Conduct such as that exhibited by this officer has no place in our society and it must be condemned by the court.”

Quoted in the The Star

Once police or lawyers fabricate evidence and lie to the court, where does it stop?

It is true that many law enforcement officers have at one time or another (even if for only an instant) thought of planting or fabricating evidence to take down gang members or other serious criminals.

I know from my experience as a Toronto Police sergeant and internal investigator that a number of factors stop police officers from fabricating evidence or committing crimes to obtain evidence: commitment to our justice system, personal values and character, risk of getting caught and the high penalties if they are caught.

Justice Bird knows that allowing, excusing or ignoring this criminal behaviour by police officers will undermine our justice system, and so Her Honour correctly condemned the officer using the most robust language.

Ontario’s legal community soundly condemns police officers who perjure themselves before the courts, but it seems that a different standard applies to lawyers.

But what if, as in my personal case, recordings prove that Lorne Silver and Gerald Ranking (senior lawyers from two of Canada’s largest law firms) fabricated evidence and lied to the court to obtain my ‘in absentia’ conviction for contempt of court; but the courts refuse to listen to the recordings?   Read more

Paul Schabas seeking re-election as Bencher, Law Society of Upper Canada

Law Society Upper Canada

Toronto lawyer Paul B. Schabas, a partner at Blake, Cassels & Graydon LLP, is seeking a third term as a Bencher in the upcoming April 30, 2015 Law Society of Upper Canada election. Mr. Schabas is also a defendant in the Donald Best v. Gerald Ranking et al civil lawsuit.

According to his biography, Mr. Schabas is one of Canada’s leading media lawyers:

“As one of Canada’s leading media lawyers, Paul has appeared on many recent cases in the Supreme Court of Canada, including Grant v. Torstar, which established a new public interest defence to libel.”

No doubt Mr. Schabas is the ‘go to guy’ for many major news media outlets for libel defence, or for legal advice about whether or not to cover contentious or potentially explosive news stories.

Apparently Mr. Schabas was a bencher when Donald Best sent letters to him and other lawyers on December 1, 2009, alleging that lawyers Gerald Ranking, Lorne Silver and Sebastien Kwidzinski lied to the court in a written ‘Statement for the Record’ they filed as evidence. Mr. Best’s letter can be found here. A summary of the incident is here: Donald Best secretly (and legally) recorded call with lawyers Gerald Ranking, Lorne Silver

Mr. Best also wrote to the Executive of the Law Society of Upper Canada on November 28, 2012, alleging amongst other wrongdoing by lawyers, that:

“There is also strong forensic evidence that a series of threatening and harassing anonymous emails to my witnesses originated from the computer systems of one of the involved large Toronto law firms (Miller Thomson), starting in at least 2004 and carrying on for many years. There is strong documentary evidence that the Miller Thomson law firm was provided with this evidence in writing in 2009 and 2010, yet the firm’s lawyer, Mr. Andrew Roman, withheld the evidence from the judge during my case: all the while arguing that his client and firm were not involved.”

Best’s November 28, 2012 letter can be found here. A summary of the incident can be read here: Court evidence: Anonymous online threats against 82 year old widow originated from Miller Thomson Law Office

Mr. Schabas is the current Chair of the Proceedings Authorization Committee which decides which cases against lawyers should go to a Discipline Hearing. The following excerpts are from his campaign website PaulSchabas.ca:   Read more

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