First, we will establish that Patrick -- as an undischarged bankrupt without a trustee and years in arrears in payments related to his 2014 Conditional Discharge Order -- has absolutely no standing to initiate any legal actions of any kind, and now that he knows that, if he insists on filing anyway, that will unleash a serious shitstorm of blowback on Patrick. But that's just the beginning.
Next, we will discuss Patrick being years out of date in keeping his OSB file current (his most recent update being way back in 2015). As Patrick well knows, as long as he is bankrupt, he is legally obligated to keep his OSB file up to date, and that includes where he lives, his current employment situation, any assets he has acquired (and perhaps subsequently disposed of) and so on. Unsurprisingly, he has done none of this for years, which is why my OSB agent is going to be having a very unpleasant chat with him.
Finally, I will insist that the OSB exercise its right to sit Patrick down and conduct a formal examination under oath, demanding that Patrick disclose the last several years of his finances in excruciating, nad-grinding detail, including all employment, gifts, loans, inheritances, bank accounts, credit cards, tax returns ... you name it, he will have to provide it.
Oh, and just for completeness, I will suggest that it is entirely within the OSB's powers to levy significant fines against Patrick for his years of non-compliance, and even to press criminal charges against him if it can be established that he has been concealing assets (all of this being in addition to what he owes me).
In any event, my phone call with the OSB is at the end of this week, after which things should start to heat up for Patrick in a very uncomfortable way.
I'll keep you posted.
P.S. If anyone wants to know how seriously the OSB takes its duties and what sort of punishment it is capable of dishing out, I suggest reading this page to see the possibilities of criminal charges and the various examples over the years of people who tried to game the system, and how badly that ended for them.
12 comments:
Shouldn't Twatrick be culpable for his recent vexatious filings against Mr. Skinner and Mr. Hayward? Is he going to be able to plead ignorance in regards to those capers?
Also, if Twatsy is smart (which we all know he is not), he'd cut you a cheque for $109K before Friday.
I don't know that Patrick actually filed an action against Jesse Hayward; I believe he was just bloviating and blustering and threatening.
On the other hand, Patrick can't plead ignorance even in earlier filings, since bankrupts are given a very clear list of what they can and cannot do, and not being able to file actions in their own name is absolutely one of them, so he's already in trouble for that. If he's dumb enough to try to sneak in a filing against me while concealing that he is an undischarged bankrupt, his level of grief will increase exponentially.
I wonder if he's vaccinated? (Random, i know.)
I have had my initial call with OBS and a follow up.
My next call is scheduled for the 27th as to allow them to speak to you, to corroborate what I have told them and add to it. After I said Patrick was sitting on $7500 and didn't attempt to pay off his debt to you or correct his bankruptcy file and instead, you had to seize it from him, the agent I spoke to sat a little taller in his chair if you know what I mean.
Patrick told me to abide by the law. That is exactly what I am doing. Legally, he should not be able to do what he has done. So, I am following the law and letting the appropriate government agency deal with him.
He shot himself in the foot again. I have also proven, in Patrick's own words, that he is a gutless liar who makes time to harass people.
This is not going to end well for him in any regard. While demanding others follow his version of the law, he's not following the letter of the REAL law.
- No formal notice of libel
- Did not inform the court of his bankruptcy status
- Did not apply for leave to file actions
- Is grossly in arrears with OSB (Likely the reason he didn't inform court)
- Sending demand letters for amounts over what he's legally allowed to negotiate.
I hope he has some good excuses lined up. I have him muted and blocked on Twitter so I don't see his shit or the lies he spews. You'll notice since I posted proof of him harassing my female followers denying doing it so emphatically, he hasn't said shit about any of us or anything.
Previously I let Patrick off the hook, this time there will be no such actions. I'm going to talk to everyone I can to ensure Patrick can never do this to another person.
Legally speaking; Patrick Ross has yet to properly serve me.
J Hayward: I don't think you have anything to worry about at this point, since I can assure you that Patrick has been quite formally advised that he has no standing to file legal actions and if, knowing this, he insists on filing one anyway, holy hell but shit is going to happen. Patrick may very well end up on the financial hook for far more than just what he owes me.
Patrick seems to think he has found an SCC ruling that permits filing a lawsuit where it involves the bankrupt's personal reputation. However, there are significant material differences between that case and Patrick's situation.
... and if I read some of the rulings associated with such matters correctly, Patrick's lack of standing with no Trustee to assign the action to him, he's fundamentally in a corner with no way out.
https://lakefieldlaw.ca/news-articles/are-you-being-sued-by-a-bankrupt-plaintiff-heres-what-you-need-to-know/
MgS: There is no value in trying to point out the flaws in Patrick's thinking. If he thinks he has a legally compelling argument here, let him file an action and see how that works out for him.
@MsG: After speaking with OSB twice now and showing them the SCC ruling Patrick believes is his way into court, they've informed me is absolutely does not have standing to sue anyone.
Patrick has no trustee. Patrick has no trustee to file the case and pass it to him. Even if Patrick did that today, they wouldn't let it through because of how neglectful he's been after being in bankruptcy for almost a decade. He would have to pay the entire balance he owes Robert, his bankruptcy costs, and any penalties. Then he'd have to wait until he's discharged. In all, I'm told this will take him over 12 calendar months to do. In that time, I will have it removed from court and due to the circumstances, labelled a vexatious litigant. I'll be using my complaint to OSB in my dismissal so it's also on record with the courts with his status.
Now he's also on record, and painfully so, denying something only for me to prove it true. He's a liar. A gutless liar who makes time to harass people. Those are his exact words.
Oh, I'm not doing this for his benefit - I've seen more than enough of his 'boy lawyer' stunts to understand that he lacks a certain understanding of some fundamental principles.
The rest of us, on the other hand, get to learn more about a corner of law that most of us have never looked at more than superficially.
RogueNerdOne: I'm glad you mentioned potential penalties for Patrick as, based on my readings, the OSB has the authority to levy *significant* penalties for Patrick's years of non-compliance (which would be above and beyond what he still has to pay me).
More importantly, if it comes to light that Patrick was sitting on assets (inheritance, property, income in the bank) or actively working to conceal such while he was refusing to turn over any money to me, he could end up losing all of it in penalties. And you can be sure I will insist that the OSB do just that.
No more Mr. Nice Guy.
@MsG: Never even considered you were doing this for Patrick. Not once, and I have to admit it is a fascinating part of the law. There was a point in my life I got far to extended financially and I was involved with a restaurant that wasn't doing well. I considered bankruptcy and I'm glad I didn't. I bought out my partner (who was stealing from the business), and sold the business for a tidy little profit about 3 years later. It's a tough road through bankruptcy.
@CC: It's more than just financial penalties. Patrick could be hit with criminal charges, and while they would only result in fines and possibly probation, it further handcuffs his life.
Couldn't happen to a nicer guy.
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