Tag: Miller Thomson LLP

Former top-cop details evidence of corrupt acts by lawyers, police, judge

Four years after the Toronto Star first refused to cover the Donald Best story and deleted all mention of the name from the comments section of their website, the newspaper about-faced and published an article about former Ontario Provincial Police Commissioner Julian Fantino applying to intervene in Best’s judicial review about the Canadian Judicial Council and Justice J. Bryan Shaughnessy.

The Toronto Star article opens with the following bombshell statement:

“Former Conservative cabinet minister and provincial police commissioner Julian Fantino has accused a Canadian judge, lawyers and several police forces of acting improperly and even illegally in the conviction and jailing of a man for contempt of court.”

After the Toronto Star published first, the National Post, the Globe and Mail and a host of smaller outlets carried the same Colin Perkel Canadian Press story of corrupt acts by police, lawyers and a judge. (Toronto Star: Ex-federal cabinet minister Julian Fantino takes aim at judge, cops, lawyers)

Yes, Colin Perkel’s article contains important errors and omissions (some of which I correct below) and no link is provided to an actual copy of Fantino’s affidavit (pdf 8.7mb), but at least readers are now aware of an important story that was concealed from them.

The big story is that the after years of participating in a cover-up, the news media is finally acknowledging that this story is not going away, that it is important and that the supporting facts and evidence are as credible as they are disturbing.

In short, it seems likely that the Canadian news media came to the conclusion that the press could no longer withhold the Donald Best story from the public without further loss of credibility and relevance. It took the news media three months to mention Fantino’s September 28, 2017 sworn affidavit. Even then the media did not name any of the principal subjects in this story of corruption with the exception of Justice J. Bryan Shaughnessy whose name is on the official style of cause filed at court.

I’ll fix that naming omission in a moment, but first I want to address just a few of the important errors and omissions in Perkel’s article:

• Contrary to the article’s statement that Justice Shaughnessy found me guilty of contempt of court in 2013, Shaughnessy found me guilty on January 15, 2010 at a civil court hearing that I was not told about and was not present for. Nobody represented me at the hearing. I was in Asia at the time.
• Justice Shaughnessy convicted me based upon several lawyers’ provably false testimony – and also upon a deceitful affidavit by an ‘expert witness’ who concealed from the court that he was a serving Ontario Provincial Police detective sergeant corruptly taking bribes from the lawyers to provide them with access to confidential police information.
• The lawyers falsely told Justice Shaughnessy in writing and orally on the court record that during a November 17, 2009 phone call with them, I had ‘confessed’ to receiving a certain court order. In fact I said exactly the opposite, that I had not received the order – but the corrupt lawyers lied to the judge. Too bad for the lawyers that I have recordings of the call that prove they lied to the judge.
• I returned to Canada and applied to Justice Shaughnessy to remove my conviction and sentence. I presented forensically certified telephone recordings, transcripts and other credible evidence that proved the lawyers lied to the court to obtain my conviction.
• At a hearing in May of 2013, Justice Shaughnessy refused to consider any new evidence showing my innocence. He did not listen to the recordings. He also refused to allow me to cross-examine the witnesses (lawyers and corrupt police) upon whose false evidence he had convicted and sentenced me in January 2010 while I was in Asia.
• On May 3, 2013 Justice Shaughnessy refused to overturn my 2010 conviction for Contempt of Court and sent me to prison to serve the 3 month sentence he had already imposed in 2010.
• After court ended on May 3, 2013, Justice Shaughnessy went to a backroom and there, off the court record and without a hearing, trial or transcript, secretly increased my prison sentence by 50% without notifying me. He secretly created a new warrant of committal with increased jail time that he gave only to the prison authorities. He did not file the new secret warrant with the courts or make mention of it anywhere in the records.
• Later, higher courts denied me the right to appeal my conviction because I could not pay hundreds of thousands of dollars in court costs earlier awarded to the other side on the basis of their provably fabricated and false evidence.
• I was not even allowed to cross-examine the lawyers and other witnesses that Shaughnessy relied upon to convict and imprison me. I was not allowed to cross-examine the corrupt Ontario Provincial Police officer. To this day, no court has listened to the forensically certified voice recordings of my telephone call with the lawyers that prove the lawyers lied to the court to convict and imprison me.
• Every judgment of every reviewing court considered only the evidence that Justice Shaughnessy allowed. Every judgment of every reviewing court is tainted by the fact that Justice Shaughnessy and all the reviewing courts deliberately excluded the evidence that exonerated me. 
• When I could not pay hundreds of thousands of dollars in previous court costs, the court refused to hear my appeal. I served 63 days in prison because I could not pay court costs awarded during a civil matter; with every minute spent in solitary confinement as I am a former police officer. Prison authorities said that solitary was the only place where they could keep a former police officer alive.

This is also the true story of how, when confronted with forensically certified telephone recordings and other irrefutable evidence proving that lawyers fabricated evidence and lied to the court to convict a person of contempt – the Canadian legal profession and courts closed ranks to save the corrupt lawyers, even when that meant sending an innocent man to prison.

The People behind the Corruption

Here are the names referred to in Fantino’s affidavits, the supporting exhibits and the underlying case filings:

Lorne S. Silver – Corrupt lawyer with the Toronto office of Cassels Brock & Blackwll LLP law firm. Fabricated false ‘Statement for the Record’ on November 17, 2009. Falsely informed Justice Shaughnessy that Donald Best had ‘confessed’ during a phone call to receiving a court order. Conspired with Justice J. Bryan Shaughnessy and Gerald L. Ranking to backdate a court order ten full days. Admitted to putting Donald Best in prison to extort evidence and settlement in a different legal case filed in another jurisdiction – Florida.

Gerald L. Ranking – Corrupt lawyer with the Toronto office of Fasken Martineau DuMoulin LLP law firm. Fabricated false ‘Statement for the Record’ on November 17, 2009. Falsely informed Justice Shaughnessy that Donald Best had ‘confessed’ during a phone call to receiving a court order. Lied to the court about serving court documents upon Donald Best. Conspired with Justice J. Bryan Shaughnessy and Lorne Silver to backdate a court order ten full days. Fraudulently filed court papers for, and claimed to represent, a purported client that he knew was actually a fraudulent non-existent business entity. Received a million dollars in court costs for this non-existent entity – which money was undoubtedly laundered into a bank account that was not in the name of his phony purported client. Unlawfully hired and gave money to Jim Van Allen, a corrupt Ontario Provincial Police (OPP) officer, for illegal access to confidential police information. Directed Kwidzinski and Van Allen in crafting Van Allen’s deceptive affidavit. Admitted to putting Donald Best in prison to extort evidence and settlement in a different legal case filed in another jurisdiction – Florida.

Sebastien Kwidzinski – Previously junior lawyer with the Toronto office of Fasken Martineau DuMoulin LLP law firm. Now a corporate lawyer with Foresters Financial. Watched as corrupt lawyers Lorne S. Silver and Gerald L. Ranking fabricated false ‘Statement for the Record’ on November 17, 2009, said nothing when they placed the false evidence before the court to convict an innocent man. With Ranking, illegally hired corrupt Ontario Provincial Police officer Jim Van Allen to access confidential police data. Assisted Ranking and Van Allen in crafting Van Allen’s deceptive affidavit.

Detective Sergeant James ‘Jim’ Arthur Van Allen (OPP, now retired) Worked illegally ‘on the side’ as an unlicensed private investigator. Illegally took money from Ranking, Kwidzinski, Fasken law firm to provide confidential police information for use in a private civil action. Swore a deceptive affidavit that was used by Justice Shaughnessy to convict Donald Best of contempt of court. Surprisingly issued invoices to Ranking / Fasken Law Firm detailing his illegal activities. The invoices are filed as exhibits in the Donald Best case.

Former OPP Commissioner Julian Fantino swore in his affidavit:

• “From my examination of the evidence that is already filed in court and was easily available to the courts and the CJC had they examined it, it is reasonable to conclude that OPP Detective Sergeant Jim Van Allen’s inappropriate employment as a private investigator, his access to confidential information and the distribution of the same, and the very creation of his affidavit in order to benefit private parties in a civil lawsuit, represents a flagrant violation of various Provincial and Federal laws including the Police Services Act, the Private Security and Investigative Services Act, the Criminal Code and the Freedom of Information Act.”
• “In no small way, Detective Sergeant Jim Van Allen violated his oath of office.”
• “Detective Sergeant Van Allen’s conduct and behavior in relation to this case occurred while I was OPP Commissioner. Had I known about it at the time, I would have immediately ordered an investigation to gather all evidence to determine the details, extent and duration of his activities with a view to possible provincial and/or criminal charges against Van Allen and, potentially, charges against other involved persons.”
• “I notice that Van Allen’s two redacted invoices are numbers 11 and 12 for the year 2009, which to me raises serious questions about how many other illegal investigations he had performed and which lawyer clients might have retained him previously. Had I known of his transgressions, I would have acted immediately as OPP Commissioner to deal with his rogue conduct.”

Andrew Roman – formerly senior partner with Toronto office of Miller Thomson LLP law firm. Sent threatening letter to directly to witness in controvention of Florida laws. Delivered legally privileged documents to his client Iain Deane and suggested they be published on website known for threats and harassment against Donald Best’s witnesses. Engaged in cover-up of anonymous threats to witnesses proven to have originated from Miller Thomson LLP’s Toronto office. Knew that co-counsel Ranking and Silver placed false evidence before the court but remained silent.

Paul Schabas – Blake, Cassels & Graydon LLP lawyer defending lawsuit launched by Donald Best’s company. Member of the famed ‘Bay Street Boys Club’ and Treasurer of the Law Society of Ontario. Engaged in cover-up of anonymous threats to witnesses proven to have originated from Miller Thomson LLP’s Toronto computer network. Covered-up Andrew Roman’s illegal threatening letter to a witness. Knew and covered-up that co-counsel Ranking and Silver fabricated false evidence and that they lied to the court. Complaints to the law society about Schabas were whitewashed with no investigation and no independent review.

Justice J. Bryan Shaughnessy – Justice of the Superior Court of Ontario. Former Regional Senior Judge for the Central East Region. On November 12, 2009, Shaughnessy backdated a court order ten full days to November 2, 2009, immediately placing Donald Best into contempt of court for failing to deliver business documents on November 10th – three days before Shaughnessy actually made the order. In January 2010, convicted Donald Best of Contempt of Court for, among other things, failing to deliver documents on November 10th – three days before Shaughnessy’s order to deliver the documents existed.

On May 3, 2013, after court ended Justice Shaughnessy went to a backroom and there, off the court record and without a hearing, trial or transcript, secretly increased Best’s prison sentence by 50% without notifying Best, who was unrepresented by a lawyer. Shaughnessy secretly created a new warrant of committal with increased jail time that he gave only to the prison authorities. He did not file the new secret warrant with the courts or make mention of it anywhere in the records.

Numerous other incidents of judicial misconduct as laid out in Donald Best’s complaints to the Canadian Judicial Council.

Norman Sabourin – Executive Director of the Canadian Judicial Council, summarily dismissed a complaint against Justice J. Bryan Shaughnessy by former Toronto Police Sergeant (Detective) Donald Best, without an investigation and in the face of irrefutable evidence that the judge went to a back room after court ended, and – off the court record – illegally made a secret new court order increasing the Best’s sentence by a month. Under Mr. Sabourin’s hand, the CJC regularly whitewashes complaints against judges and remains an organization with no transparency, independent oversight or public accountability. Mr. Sabourin acts as ‘gate-keeper’ to dismiss complaints without investigation – without so much as looking at the court file or reading a transcript showing the judge’s comments or actions.

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As always, if anyone disagrees with anything published at DonaldBest.CA or wishes to provide a public response or comment, please contact me at [email protected] and I will publish your writing with equal prominence. Comments left on articles are moderated about once a day. Or, of course, you can sue me and serve my lawyer Paul Slansky. You can find Mr. Slansky’s information here.

Photos have been included to put context to the article. Their use is the same as with other Canadian news outlets.

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Donald Best
Barrie, Ontario, Canada