Thursday, July 14, 2016
Spotlight on the BCIMC Fraud
Since this case exemplifies real estate corruption tied to the BC government I think it is important we review this important case at this crucial time. Jack English owned the Pacific Rim Resort campgrounds in Tofino for 30 years since 1984. The Pacific Rim Resort had 2800 feet of white sand beach, 214 acres and 1200 family campsites. It was the family business for 30 years.
Tofino is the launching point to the famous Clayoquot Sound, a protected biosphere that I have previously blogged about on more than one occasion. Tourism is it's largest source of revenue. Obviously the Pacific Rim Resort was a prime piece of real estate. Investors tried to get them to sell for 16 million when it was appraised at 60 million. They said no. It was their livelihood.
That's when things started to go wrong. Arsonists simultaneously burned down their home and two other buildings on the property all at once back in May of 2010. BC Hydro cut off access to the property August 10, 2010. The Municipality cut off their water and sewer. This made it impossible for them to operate the resort and maintain their source of revenue. As a result they obviously fell behind in the mortgage but with no access, and no business, they were unable to refinance and lost refinancing that was already approved, thus allowing BCIMC to steal their resort.. This allowed the BCIMC to obtain title to the property at a firesale price.
I previously blogged about this case back in 2013. Note the graffiti tag that was left behind after the arson attack. This isn't the graffiti tag from any known First Nations gang like Red Alert or the Manitoba Warriors. This isn't even First Nations. The characters are from an alphabet the French and English made up to record the local oral languages. No First Nations gang banger is going to know this alphabet. Only someone who went to university would. The graffiti tag was left behind to make it look like a First Nations gang when it obviously was not. Something much more sinister is involved here. It wasn't a First Nations gang that cut off their sewer, power and access bridge. It was BC Hydro and the City of Tofino.
Jack and his Family were betrayed by their lawyers.
The first lawyer to mess up was Jeff Scouten who misled Jack which Jack only learned of when Jack said he was going to file some documents for the court in the local registry in Nanaimo. Scouten told him not to because the case had been transferred to Kelowna. Jack was shocked and asked why as he would not consent to it. Scouten said the other party requested it and he agreed to it without telling Jack. That is when Jack fired Jeff Scouten.
Then, when Jack arrived at the court in Kelowna he discovered that Scouten had also consented to an immediate order of foreclosure. That means if Jack hadn't been on the ball, Scouten would have agreed to everything the lender wanted and more. They would have simply walked away with Jack’s property without any redemption period or opportunity to refinance whatsoever.
Jack then hired Boughton and Company in Vancouver, where former Attorney General Wally Oppal works. Not surprisingly, Boughton didn't do anything for him and charged him over $100,000. It was only after the foreclosure was over that Jack learned that the Province wanted his property to hand it off to his neighbours as part of a deal that would enrich Wally Oppal's pension. But it gets worse. In steps Greg Harney.
Jack English retained Greg Harney in Victoria to stop the wrongful foreclosure of his family business and home. They negotiated and agreed upon a fee of “$10,000 and two RV Sites close to the beach”. Greg went to court on two occasions and got a six month extension to the foreclosure. But then Greg tried to extort $1.2 million in legal fees from Jack for a few days work when Jack refused to go along with Greg’s demand that he sell their Resort to BCIMC for 15% of its’ appraised value. Jack contacted the President of the BC Law Society and complained that Harney was attempting to extort him and would not honour his fee agreement.
Jack refused to pay the extortionate amount. Harney quit the case and immediately commenced collection proceedings in court for this unbelievable bill where Harney's friend on the bench, a Master who is paid by the Provincial Government and who has his pension with BCIMC, decided the case in favour of Harney. Greg Harney previously said he would arrange refinancing for Jack with Greg Martel in Victoria who is believed to be involved in money laundering for one of the gangs connected to the Lindsay Buziak murder.
Jack is battling Harney in the Court of Appeal now. The case is nasty with documented evidence showing that Harney secretly filed fraudulent backdated documents just before the court hearing which is a criminal offence. But for some reason the appeal judges are ignoring this evidence and bending over backwards to protect Greg Harney who submitted the fraudulent bill.
Here's' the deal: There were two parcels of land. One was owned outright and the other still had a mortgage on it. After BCIMC stole the main parcel of land that had a mortgage through a serious of criminal acts that prevented Jack from earning a revenue to pay the mortgage, Greg Haney is now trying to steal the other parcel of land that Jack owned without a mortgage. I kid you not. There's a whole blog about that aspect of the fraud as well at www.gregharney.blogspot.ca. That's why it is important to act now to prevent the family from being defrauded twice.
John Carten, a longtime family friend, acting on behalf of the English family contacted Lawson Lundell LLP in response to his letter to Rick Mahler, Chairman of the Board for the BCIMC and rightfully advised them that the possession of property that the possessor knows was obtained directly or indirectly by criminal acts is itself a crime under Section 354(1)(a) of the Criminal Code of Canada and asked three key questions we are anxiously waiting a response to in this PDF copy of his letter. Mr Caten also made Christy Clark aware of the fraud which is shown in this PDF copy of that letter as well. Let's see how far this rabbit hole really goes. Stay tuned.
(Rick Mahler, Chairman of the Board for the BCIMC. Candidate for the Gang Member Registry.)
After this happened Jack and his kids were left destitute. Christmas they had nothing. They had no hot water, no sewer, no money and no food. They were sitting at the table on Christmas and Jack's 10 year old daughter asked him are we going to die? Jack uncomfortably said no, but it's going to be a little rough. Then it was an act of "Christian" service from a local member of the Hell Angels who gave them food at Christmas which helped them survive. Not all Hells Angles are good, but not all Hells Angels are bad either. Just sayin. I still think they should return the Nanaimo clubhouse and seize the Kelowna clubhouse instead by way of consent order. Peace.
Links: Citizens Against the BCIMC ~ The Greg Harney Blog