Hard to believe it's been almost a year and a half since a Saskatchewan judge allowed the registration in that province of my 2010 malicious defamation judgment against Lloydminster's Patrick "Super Duper Alpha Male" Ross, laying out just what he owes me and how rapidly that amount is increasing:
As regular followers of this sorry saga surely know, Patrick has made it clear that he has no intention of ever paying off what he owes me, and has even stated quite publicly that he does not consider my judgment valid (despite what courts in Ontario, Saskatchewan and Alberta have found). But what exactly is in store for Patrick in 2023? I'm glad you asked.
As it stands, I have at least three avenues via which I can legally drag Patrick in for questioning regarding his finances and assets and, after pondering, I'm thinking that I might use the powers granted me by Canada's Bankruptcy and Insolvency Act, particularly those found in Section 163, so let's take a quick look at what's there.
Section 163(1) looks promising:
However, note well that that paragraph describes the power of the trustee to examine the bankrupt, and since Patrick has not had a trustee since February of 2014 (said trustee having discharged himself due to Patrick's ongoing refusal to honour his obligations under the bankruptcy regime), that paragraph doesn't really apply here. But scroll down just a wee bit and ... JACKPOT!
Yup, that's what we're after, as that paragraph goes into gruesome detail as to how the undischarged and uncooperative bankrupt can have his sorry ass hauled in for questioning by a creditor, and that would be me. And the best parts of the above?
First, note well that all that examination would be under oath, so if Patrick lies (as he is wont to do), well, that's perjury. But that's not even the best part.
Note also that my questioning is not limited to just Patrick. No, the BIA gives me -- the sole creditor -- the power to question "any other person named in the order," which almost certainly would include anyone who might have had financial dealings with Patrick over the last several years, including his father and siblings (and possibly even others), so Patrick and all the rest of those reprobates might start preparing for the eventual court order requiring them to turn over years worth of bank statements and credit card statements and tax returns and so on and so on, because I am absolutely going to name that entire collection of idiots in the eventual court order.
Finally, no one need take my word for any of this -- read that section of the BIA for yourself and tell me it doesn't say what I claim it does. Long story short, sometime in this new year, Patrick will be on the receiving end of a court order, requiring him to turn over to me a truckload of financial statements, then ordering him to sit for a BIA-mandated examination under oath. And I won't be leaving his family members out of the fun, either.
Anyway, how's your year going so far?
ADDENDUM: In the comments section, "PLG" asks the burning question for 2023:
The big question for me is, what are the consequences when Patrick doesn't show up to this (or furnish any of the ordered stuff)? 'Cause you know he won't, so there better be some for the whole thing to be worthwhile.
I will refrain from editorializing and refer interested spectators to the BIA, in particular the following sections. First, here's parts of Section 164:
As one can read, failure to produce has consequences for either Patrick or anyone else named in the order.
More significantly, a failure to attend an ordered examination will have consequences for both Patrick and, again, anyone else ordered to attend for questioning:
The tail end of that section can be summarized as "a warrant may be issued for their arrest."
I plan on doing this entirely by the book; I will file the appropriate action(s), and let the power inherent in the BIA take it from there. And if that culminates in arrest warrants being issued for one or more people, so be it.
P.S. Note well that Patrick has very little room to fuck around and waste time, as the BIA makes it absolutely clear that, once ordered to produce documents, Patrick and anyone else has only five days to hand them over. So when things start to happen, they will happen quickly.
MORE ADDENDUM: Lest anyone think I am embellishing any of this, I will once again simply point you to the BIA, and this section explaining under what circumstances the court is more than willing to issue an arrest warrant for a bankrupt:
In short, if Patrick, any time after he declared bankruptcy in December of 2012, transferred out of his possession without permission so much as $25 worth of property, well, that might have consequences.