Dear Mr Morgan

I would like to make a few comments in regards to your email to me. Would
you forward this email to your policy review committee.


Dear Mr. Hunter:

Thank you for your correspondence.

The Saskatchewan Party remains supportive of The Builder's Lien Act and its
provisions. It is intended to protect both homeowners and tradespeople.
Although it primarily protects tradespeople from owners defaulting on their
obligations it also provides methods of clearing titles and reasonable quick
access to the courts. Its provisions are necessarily complex and people
would be well advised to use a layer to utilize the Act.

It is unfortunate that your experience was less than satisfactory. We
appreciate you bringing your concerns to our attention.

Sincerely,

Don Morgan

Cc: Brad Wall, Leader of the Official Opposition

You say that the Act primarily protects trades people from owners
defaulting. Mr Hawke gave the contractor a $8000.00 deposit. This $8000.00
is required by the Act to be held in trust by the contractor, he spent it,
he did not spend it on building supplies for Mr Hawke's house. Not only was
this documented to Madam Justice G A Smith in chambers, it was also
documented that he spent the trust funds for his own personal use.

The contractor started work but he did not have any money to buy building
supplies and he was unable to obtain any more credit in Saskatoon. He was
well known in the building trade. The Saskatchewan Construction Association
wrote letters to Saskatchewan Justice about this contractor. They did not
receive a reply. The City of Saskatoon legal department was told about this
contractor by the city planning department. He had no business licence and
was known by the planning department for not obtaining building permits and
scamming with the homeowners money when they placed stop work orders on the
construction sites. The only thing the City did was write letters to the
construction company owner asking him to obtain a business licence and when
he failed to do so, they would write him another letter, and another letter.
Saskatchewan Justice did nothing, the city did the same, nothing, and home
owners could not get by the front desk of the Saskatoon City Police service
to lodge a complaint that they were being scammed. I am not talking about a
few thousand dollars, this contractor was scamming homeowners for years.
Because of The Builders Lien Act and its provisions to protect home owners
this contractor scamming home owners was considered to be a civil matter,
and the home owners remedy was the Act. He had a large advertisement in the
yellow pages, excellent references, a lengthy time in business and no one in
authority would even listen to a home owner.

With no roof on his house Mr Hawke had his house flooded in a thunder storm
because of the contractors delay, the damages exceeded $50,000.00. He had
two contracts with the contractor, two post-dated cheques with the condition
for payment written on one of them that stipulated that the work had to be
done by the post-date. The second cheque was in part the deposit for the
second contract and second phrase. The contractor never completed the first
contract as far as the first payment. The contractor was known for scamming
after he received the deposit money. Mr Hawke's insurance company was
demanding the contractor get a roof on the house so they could start
repairing the flood damage and the contractor who was taking his time
waiting for the date on the cheques so he could cash them and scam with the
money had no money for building materials. He tried at the CO-OP and was
turned down. Unable to obtain credit he approached a business owner that had
a court judgement against him. He ask if he would pay for the building
materials and showed him the contracts that totalled over $54,000.00. In
exchange for Mr Hawke's post dated cheque this business owner paid for the
building supplies used on Mr Hawke's house. This business owner was not
going to get his money from the contractor any other way as he knew that
there were other judgements and home owners were after his bank account and
his disposable assets were in someone else's name. If the contractor was
true to form, Mr Hawke would have been left with no roof on his house and
would have been out $8000.00 deposit money. If not for Mr Hawke's insurance
company threatening to sue the contractor he would have been left without a
roof on his house.

The problem was that Mr Hawke did not know this, the City of Saskatoon legal
department, Saskatchewan Justice, Construction Association, most every
building supplier and trades person knew, but no one told Saskatoon home
owners. How was he able to stay in business and obtain building supplies? He
paid cash for building materials, as no building supplier in Saskatoon would
extent any credit to him.

The contractor after receiving the money from the business owner then goes
to Windsor Plywood and pays cash for the building materials. He receives
cash sales receipts in the name of his construction company numbered 101962,
1011982, 102031, 102121, 102122, 102147 and 102179. The building supplies
have been paid for, and the reason the contractor was required to pay cash
is very clear, he owed money to Windsor Plywood and they would not extend
him any credit.

Mr Hawke's lawyer Ben Mah was handling the second mortgage arrangements with
the bank. The mortgage is pre-arranged but Mr Hawke has not received any
money from Mr Mah. The bank is blaming Mr Mah and Mr Mah is blaming the bank
for the delay and Mr Hawke has to use his RRSP funds. This blaming went on
for three months until just after the lien was filed on Mr Hawke's property
by Windsor Plywood claiming the building materials were not paid for. Mr Mah
then placed the amount claimed by Windsor Plywood into his trust account and
Mr Hawke had to continue using his RRSP funds and credit cards to pay for
the construction. Mr Mah was then going to make an application to the court
under the provisions of the Act to have the hold back, being Mr Hawke's
liability of 10% of the money he paid to the contractor or $800.00 paid into
court and have the lien removed. Mr Mah again did nothing for three months
and referred Mr Hawke to another lawyer, Brent Gough. The following is taken
from an affidavit sworn to by Mr Hawke and read by Madam Justice G A Smith
in chambers."

"The Honourable Justice Wimmer asked Mr Stooshinoff in chambers why he
neglected to mail a document to me. Mr Stooshinoff's reply was that he was
keeping the costs down. Our costs in stress and financial terms have been
huge. My wife and I hired a lawyer who was to make an application under
Section 57 of The Builders Lien Act, and have the court determine the amount
of the hold-back and set-off. He did nothing for over 3 months. Within days
of our being in default he told my wife and I that he was not going to
proceed and that we needed another lawyer familiar with The Builders Lien
Act. When I asked him why he did nothing he told me that a lot of his
clients were complaining and he was worried he was going to lose his licence
to practice. He was more concerned about his licence than my wife and I
losing our home. I survive on a insurance company disability cheque and
Canada Pension for my income. I had to postpone my studies in Texas because
of the lien. I was one year away from a degree after 6 years of study that
my wife and I worked very hard for. I am now one year behind in my studies.
My professors and doctor are urging me to return to university and continue
my studies. My disability will make it difficult to regain the lost year.
This disability combined with the stress of this lien without foundation
have set me back at least two years. We have had to withdraw funds from our
RRSP accounts in order to pay for finishing our home to the point of at
least making it liveable. When I spoke with one of the other homeowners
cheated by Fisher he told me he was close to a nervous break-down and
hospitalization. In one sense, I have an advantage this homeowner does not.
I have been under a doctor's care and taking medications for stress for
years. I am only a phone-call away from adjustments to medications depending
on the stress of the moment. This unjust lien certainly costs more to me
than the Plaintiff's concern over postage to get me the documents I need to
get on with it.".


In Mr Hawke's Statement of Defence he said about his $100.00 meeting with Mr
Gough:

"The Defendants have spoken to a lawyer who advises the legal costs to
defend this action could be $15,000.00 or higher. It would be cheaper to pay
off the lien than defend the action. This is what a number of home owners
involved in past contracts with the Defendant Fisher have had to do."

Section 91 (1) of the Act states in part: "The object of this Act being to
enforce liens at the least expense". You say in your email to me that was
also sent to, Cc: Brad Wall, Leader of the Official Opposition that:
"Although it primarily protects tradespeople from owners defaulting on their
obligations". Windsor Plywood has been lying and discrediting Mr Gerry Hawke
and his wife for years, this is not a valid defence for filing a false claim
of lien on Mr Hawke's property. I received the following email from Windsor
Plywood in Red Deer Alberta and my response is below.

The following was received by email from Windsor Plywood Red Deer.

should gerry maybe have paid his nsf cheque???

make sure your fact are straight before setting yourself up for a liabel
suit

thanx

Kelly

Hi Kelly (Windsor Plywood Red Deer)

What NSF cheque are you talking about Kelly? The following is from Mr
Hawke's affidavit sworn to be true and filed with the court.

8. On or about August September 2001, I received calls from David Hilash,
Manager of Windsor Plywood, asking what my intentions were with respect to
two NSF cheques returned to him from the bank. I informed Mr Hilash that I
have never brought materials from Windsor Plywood with a cheque. What Mr
Hilash had in his possession were trust funds written by me to Excalibur
Developments. Mr Hilash also told me tools were listed on the accounts
receivable records of materials charged to our property.

9. I have attached contract 1496 between Excalibur and myself and marked it
Exhibit D. It clearly states that the Defendant Excalibur is responsible
under the heading "work to be performed:" "Quote includes building permits
and prints," "Quote includes inspections for building portion of
construction," and that "all work to conform to National Building Code of
Canada." When the city issued the stop work order they told me that the
Defendant Fisher was well known to them and that in the past, when they
issued a stop work order on Excalibur work sites, it was the last the
homeowner saw of Mr Fisher. Fisher simply stopped the work in progress and
left with the homeowner's money. I stopped payment on two post-dated cheques
payable to Excalibur Developments because he defaulted in the performance of
the contract.. This is stated in paragraph 12 of the Statement of Defence.

15. Mr Hilash accepted from Excalibur a post-dated, third party cheque made
out to Excalibur Developments payable on August 3, 2001, on or about July
27th, 2001. When Mr Hilash accepted the cheque from Mr Fisher he must have
known that the money did not belong to Mr. Fisher, and that it was Excalibur
trust funds under section 7 of The Builders Lien Act. By accepting this
cheque, Mr. Hilash is not in compliance with section 7 (1), and has not
complied with section 98 (1) of The Builders Lien Act which requires that he
maintain a true and correct record of the whole or essentials terms of the
subcontract. Again the Plaintiff is in violation of section 99 (1) of The
Builders Lien Act by entering into a convent agreement with Mr Fisher that
does not comply with the provisions of the Act. Mr. Hilash verbally agreed
with Mr Fisher to avoid section 7 (1) and 98 (1) of the Act by knowingly
accepting Excalibur trust funds and not keeping a record of this
transaction. The Plaintiff accepted my cheque payable to Excalibur
Developments from Mr Fisher knowing the money did not belong to Mr Fisher
but that the money was Excalibur trust funds. With no subcontract between
the Plaintiff and Excalibur that complies with section 99 (1) of The
Builders Lien Act there is no compliance by the Plaintiff under The Builders
Lien Act. The consideration paid must be from the Excalibur trust, not my
cheque payable to Excalibur Developments. My contract was with Excalibur not
Mr. Fisher. Mr. Fisher and Mr Hilash had a duty to me with respect to
protecting Excalibur trust funds. Mr. Hilash is in breach of his duty and
has no claim in law to recover any loss resulting from this breach that is a
result of his own actions.

16. The Plaintiff, by accepting the cheque, also accepted the conditions
written on it for payment. The Plaintiff accepted Excalibur's risk for
payment 7 days before the payment date.

23. Section 212 (5) of The Queen's Bench Rules states that a Statement As To
Documents shall not be filed. The Plaintiff's Statement As To Documents
lists the two contracts between Hawke and Excalibur, one invoice, copy of
one stop payment cheque, and seven cash-sale invoices with the dates the
materials were sold to Excalibur. The materials have been paid for. There is
no bank records, no accounts receivable records, no delivery records, no
record of payments made, no record of the cheque written on Exhibit "J," and
no contracts for the materials. This is not in compliance with section 98
(1) of The Builders Lien Act . Then, of course, if the materials were paid
for there would be no need for the Plaintiff to keep a record.

Paragraph 6 and 12 of the Statement of Defence.

6. On or about July 27, 2001 the Defendant Hawke issued a cheque number 01
in the amount of $3,881.00 payable to the Defendant Excalibur Developments
for partial payment of extra work with respect to the original contract
number 1496. The Defendant Fisher was substantially behind schedule on this
contract and the Defendant Hawke post-dated the cheque to August 3, 2001,
with the conditions for payment written on the cheque. This transaction is
recorded on invoice 1593, dated July 27, 2001, by the Defendant Fisher.

In paragraph 7 of the Statement of Defence it is stated: "The Plaintiff
accepted the post-dated cheque 01, payable on August 3, 2001, from the
Defendant Fisher. It is unclear why the Plaintiff accepted the cheque or to
what account it was applied."

12. The Defendant Hawke cancelled payment on cheques 01 and 02 post-dated to
August 3, 2001, immediately when notified by the City of Saskatoon Planning
Department that the Defendants Excalibur and Fisher had neither a business
licence nor had he applied for a construction permit for any work done or to
be done at 928 6th Avenue North. The Defendants Hawke and Fisher had
explicitly agreed that obtaining the necessary building permits and
clearances was the responsibility of Excalibur and Fisher as a condition of
contract 1496. The first contract, 1496, called for a payment after the
exterior walls were erected. This wall erection was completed not by
Excalibur but by the Defendant Hawke employing another contractor after the
stop work order was issued by the City of Saskatoon.

Now! Mr Kelly, no name, you need to get your facts straight before you
slander Mr Hawke. What NSF cheque are you talking about Kelly. Is it the
Excalibur trust fund stop payment cheque that Windsor Plywood deposited
knowing that there was a stop payment on it so they could slander Mr Hawke
by claming he wrote a NSF cheque for building materials to Windsor Plywood.
If I had a financial interest in Windsor Plywood and I received information
that one of the others stores was blackmailing homeowners, I would want to
get the facts, before engaging in slandering one of my customers.

James Hunter


The Act says:


7(1) All amounts:

(a) owing to a contractor, whether or not due or payable; or

(b) received by a contractor; on account of the contract price of an
improvement constitute a trust fund for the benefit of:

(c) subcontractors who have subcontracted with the contractor and other

persons who have provided materials or services to the contractor for the

purpose of performing a contract.

The Act says the $8000.00 deposit, and the $3,881.00 cheque, are Excalibur
trust funds required to be held in trust by the contractor for the building
supplier.

8

c. B-7.1 BUILDERS' LIEN

(t) "subcontractor" means a person, not contracting with or employed

directly by an owner or his agent, but who provides services or materials to
an

improvement under an agreement with the contractor.

Windsor Plywood is defined by the Act as a "subcontractor".

Subcontractor's trust

8(1) All amounts:

(a) owing to a subcontractor, whether or not due or payable; or

(b) received by a subcontractor;

on account of the subcontract price of an improvement constitute a trust
fund for

the benefit of:

(c) subcontractors who have subcontracted with the subcontractor and other

persons who have provided materials or services to the subcontractor for the

purpose of performing the subcontract.

All money receiver by Windsor Plywood are trust funds, this includes the
cash paid for the building materials, it does not include the $3,881.00
post-dated cheque, the $3,881.00 cheque is Excalibur trust funds required to
be held in trust by the contractor for the building supplier.

When I asked Mr Hilash some questions at the mediation, Mr Stooshinoff
shoved his chair back and stormed out. Mr Stooshinoff has used the privilege
of the mediation process as a means of slandering Mr Hawke. He is not
violating the mediation privilege provisions, he just lies about what took
place at mediation.

Section 94 of the Act states: "A lien claimant whose claim of lien is for an
amount within the monetary jurisdiction given to the Provincial Court of
Saskatchewan under The Small

Claims Act, 1997 may be represented in the court by an agent who is not a
barrister

and solicitor." What about the home owner Mr Morgan?

Mr Gough informed Mr Hawke that his liability under the Builders Lien Act is
10% of the cost of the building materials or $800.00. Mr Gough's legal fees
are $300.00 per hour and he would require a $5000.00 deposit and the total
legal costs could be as high as $15,000.00.

The Act also states: (2) "The court may award any lien claimant a personal
judgment, whether he proves his lien or not"

"(3) The court may order that the estate or interest in land charged with
the lien be

sold and may give directions for the sale, and may make all necessary orders
for the

completion of the sale and vesting in the purchaser the estate or interest
sold."

This is done if Windsor Plywood "proves his lien or not"? What about the
home owner Mr Morgan?

Owner personally liable

37(1) An owner is personally liable to each lien claimant who has a valid
lien to

the extent of that portion of the holdback to which that lien claimant is
entitled

under this Act.

The Holdback

34(1) Each payer on a contract or subcontract under which a lien may arise
under

this Act shall retain a holdback equal to 10% of the greater of:

(a) the value of the services or materials as they are actually provided
under

the contract or subcontract; or

(b) the amount of any payment made on account of the contract or

subcontract price.

(2) The obligation to retain the holdback under subsection (1) applies
irrespective

of whether the contract or subcontract provides for periodic payments or
payment

on completion.

(3) The value mentioned in subsection (1) shall be calculated on the basis
of the

contract price or, if there is no specific price, on the basis of the actual
value of the

services or materials.

Mr Hawke's liability is !0% of the $8000.00 he paid to the contractor or
$800.00.

Limit of lien and set off

28(1) Subject to Part IV, a lien does not attach so as to make an owner
liable for a

greater amount than the amount payable by the owner to the contractor.

(2) Subject to Part IV, where a lien is claimed by a person other than the

contractor, the amount that may be claimed is limited to the amount owing to
the

contractor or subcontractor or other person for whom the services or
materials have

been provided.

(3) Subject to Part IV, in determining the amount of a lien under subsection
(1)

or (2), there may be taken into account the amount that is, as between a
payer and

the person he is liable to pay, equal to the balance in the payer's favour
of all

outstanding debts, claims or damages, that are related to the improvement

Mr Hawke hired a contractor to complete the construction after he fired Mr
Fisher. It cost Mr Hawke $7,435.43 to bring the work done by Excalibur up
the building code and complete the contract. The set off is $7,435.43.

Mr Hawke asked for and received a bill from the contractor after he fired
him, the contractor wrote on the invoice "make cheque payable to Windsor
Plywood and Excalibur". This was because this contractor could not cash or
deposit the cheque and he needed Windsor Plywood to continue to protect the
contractor from his defaulting on his obligations to home owners. Windsor
Plywood was laundering money that belonged to home owners that was required
by the Act to be kept in trust by the contractor.

Mr Hawke received a bill for $7,790.98 from the contractor. This is after
the contractor deducted a credit of $6,851.16 for labour and building
materials not supplied and added $14,642.14 for "Extra's". The contractor
included in the extras the $9,291.58 payment due when the walls were erected
and the final payment due on completion that Mr Hawke paid another
contractor $7,435.43 to complete. The $9,291. 58 was deducted from the
$7,790.00 bill leaving the contractor owing Mr Hawke $1,500.60.

This does not take a $300.00 per hour lawyer and a $5000.00 deposit and a
$15,000.00 court case to figure out. It is not that hard to do the math Mr
Morgan. Any home owner could do this in small claims court.

Mr Hawke's liability was $800.00 Mr Morgan. Please, tell my why would he or
any other Saskatchewan home owners be defaulting on their obligations like
you are saying?

The Act protects home owners from contractors and building suppliers who
scam and defraud home owners. Mr Hawke said in his Statement of Defence,
"The Plaintiff has protected the Defendant Fisher from Judgement Summons and
Fisher's creditors by acting as his general contractor, subcontractor, and
banker" and that he (Mr Hawke), "consider the Plaintiff and the Defendant
Fisher to be as one and the same".

The following is taken from Mr Hawke's Affidavit:

10. "After the City of Saskatoon placed a Stop Work Order on construction at
our house a number of people to whom the Defendant Fisher owed money showed
up and confiscated tools and materials believed to be owned by the Defendant
Fisher. They walked in the front door and took everything they believed
belonged to the Defendant Fisher. In so doing they inadvertently removed
many items and tools belonging to my wife and I (including the front storm
door and lawn mower). Most of these people are unknown to us but some,
including an employee of C. M. Specialty Rentals who removed a large
extension ladder, were obviously business people determined to collect from
the Defendant Fisher in any way they can. It seems that these determined
creditors of the Defendant Fisher are still arriving, only now they are not
coming in our front door, they are coming in the front door of the Court of
Queen's Bench."

Mr Hawke showed me the Excalibur contracts and invoices. I told him to take
them to the Saskatoon Police as he was involved with a scam. He could not
get past the front desk at the police station. The invoices had no address
or did not have Mr Hawke's address on them. I told Mr Hawke that the address
on the invoice would be a Excalibur construction site or a building
materials drop of point for a Excalibur construction site close by. Building
materials he paid for with his $8000.00 deposit were likely being used at
this site. The building site was within two blocks of the address on the
invoice. I have placed ------ in place of this home owners address in the
following that was presented to Justice Wimmer and Madam Justice G A Smith
in Mr Hawke's affidavits:

Justice Wimmer

"On or about September, 2001, the Defendant Fisher paid the home owner
$500.00. This construction site is approximately 2 blocks from the address
the Defendant Fisher wrote on invoice 1559 referred to in paragraph 2 of the
Statement of Defence. The Defendant Fisher's girl friend lived next door
to ------- at that time. The Defendant Fisher delivered materials the
Plaintiff has claimed were used in the construction at our house in payment
of a past debt or judgement to the home owner at ---------."

Justice G A Smith, the above and:

11. On Exhibit "E," Mr Fisher wrote the address --------(on invoice) . My
address is 928 6th Avenue North. After the lien was registered I drove
to --------, there was no signs of construction except a new fence. There
was new construction, however, at -------. I asked the homeowner at this
address if the Defendant Fisher was the contractor. He said yes and added
that he spent two years obtaining a Judgement Order against Mr Fisher. His
judgement was successful and Fisher was ordered to make restitution. Mr
Fisher was robbing Peter to pay Paul. The homeowner said Mr Fisher had
obtained these building materials from "Windsor Plywood." I am now being
asked to pay for these same materials included in the amount claimed in the
Affidavit of Verification."

The contracts had the right address on them, if the address on the invoice
was not checked by the building supplier the materials would be delivered to
the address on the invoice. If the invoice had no address on it the
materials would be delivered to the address written on it at a later date.

When Mr Hawke showed me Windsor Plywood's Statement of Claim, it raised some
flags. In paragraph 6 it said that the contractor entered into a contract
with Windsor Plywood to have Windsor Plywood supply building materials.
There was not a building supplier in Saskatoon who would not require cash
from this contractor and there could not be a contract if cash was paid for
the materials. Mr Hawke's answer received from Mr Stooshinoff to his Demand
for Documents stated that this contract was verbal. Mr Hawke said in his
affidavit:

7. "I was correct in stating that no such contract exists. In chambers Mr
Stooshinoff handed me an Answer to Notice to Produce Documents attached and
marked Exhibit "C." Paragraph 6 of the Statement of Claim states the
Plaintiff entered into a contract with Excalibur, the Plaintiff is now
arguing that they entered into a verbal contract with Mr Fisher. There is a
difference in law between a contract and a verbal contract. This is
inconsistent with section 140 of the Rules of Court. The Plaintiff cannot
change his pleadings to suit his needs as we proceed. A newspaper carrier
would not grant me credit on a verbal promise. To suggest that a building
supplier would deliver $9000.00 worth of materials on a verbal promise is
ludicrous."

I know that a contract and a verbal contract is just as valid. The Builders
Lien Act (the law) requires that:


98(1) Every contractor and subcontractor shall maintain in Saskatchewan a
true

and correct record of the following particulars in respect of each contract
and

subcontract which he enters into under or by virtue of which a lien may
arise under

this Act.

The Windsor Plywood Statement of Claim asked for a judgement that included,
"An accounting of all monies paid or received pertaining to the said project
by all parties hereto."

I thought this to be a little strange because I did not see why Windsor
Plywood would need this accounting in the judgement order. The last thing
that Windsor was expecting was a Statement of Defence to be filed that would
survive a 173 motion to strike. If Mr Hawke did not file a defence and was
noted for default then why would Windsor need the documents? How could a
home owner whose money was held in trust, with a lien of his property that
prevented him from borrow money, who had to use his RRSP and credit cards to
finish construction and could not afford a $300.00 an hour lawyer possibly
file a defence under the full rules of The Court Of Queen's Bench. The
Statement of Claim was formed for a default order. If Mr Hawke did not pay
the lien off, he would be noted for default and would have had to deliver
his documents to Windsor Plywood.


Mr Hawke received a Garnishee Summons on August 29 that claimed that any
money owed to the contractor had to be paid, not to the contractor, but to a
local business owner. Mr Hawke informed the court registry that he did not
owe any money to the contractor. The documents to register the lien were
received by the land titles office by fax from the Stooshinoff law office on
August 30. The documents were dated and signed on August 31, one day after
they were received by fax at the land titles office. The Lien was registered
on August 31.

I talked to the business owner and I asked him how he got Mr Hawke's address
and how did he know that Excalibur was the contractor. I got one of those
tell tale hesitations when someone who is asked a question does not know if
he should tell the truth or not. He answered that he got Mr Hawke's address
off of Mr Hawke's cheque. He also said that his lawyer told him that he had
first crack at the funds. (Funds in Ben Mah's trust account). It was just
the documents that were dated August 31 that were received on August 30 by
fax from the Stooshinoff law office, I believe this was done to give the
business owner "first crack" at Mr Hawke's money. I suspected that this
business owner had Mr Hawke's cheque and that he paid cash for the building
materials in exchange for it, and when Mr Hawke stopped payment on the
cheque he was out the cash that he paid to Windsor Plywood for the
materials. In any event the materials were paid for with cash.

If Mr Hawke had not filed a defence he would have been noted for default and
Mr Hawke would have had to pay the money claimed, plus interest claimed,
court costs and the unbelievable illegal interest claimed and/or
Pre-Judgement Interest. Mr Hawke being unable to defend to the case would
have had to produce all documents asked for in the judgement order, these
documents would have been given to the business owner and the law gives the
business owner "first crack" because his Garnishee Summons was filed before
the lien was registered. The registrar would have taken action against Mr
Hawke as the judgement and documents would have wrongly shown that he owed
the contractor money and he therefore owed the business owner the amount
claimed in the Garnishee Summons or the business owner would have made
application under the after judgement provisions of Section 40 of the rules.

When Mr Hawke fired the contractor he told him that he stopped payment on
his cheques. Mr Hawke's post-dated August 3 cheque was not deposited by
Windsor Plywood until August 7, it was returned to Windsor Plywood on August
8 stamped STOP PAYMENT. On or about August 4 Windsor Plywood copied the
information from the cash sales receipts on to consecutively numbered charge
invoices numbered:

29896 dated July 30, sold by 102147,

29897 dated July 30 , sold by 102179,

29898 dated August 2, sold by 102256,

29899 dated July 29, sold by 102031,

29900 dated July 27, sold by 101962,

29901 dated July 28, sold by 101982,

29902 dated July 30, sold by 102121,

29904 dated July 30. sold by 102122

The August 4 date was determined by the cash sales receipt and charge
invoice numbers on Dynamex invoices delivered to other sites, Dynamex
delivered materials for Windsor Plywood. The "sold by" numbers above is not
an employee number, it is the cash sale receipt number issued to Excalibur
by Windsor Plywood. If you put the cash sale receipt numbers in consecutive
order the dates are in consecutive order. A false claim of lien was placed
on Mr Hawke's property.

Windsor Plywood knew that there was a stop payment on the cheque when they
deposited the Excalibur trust fund cheque on August 7. Windsor Plywood then
wrote up a charge invoice number 30184 dated August 21. This charge invoice
has an account number 14499 that is a NSF account number for $3881.00 with
Mr Gerry Hawke's name on it. This invoice marked NSF is being sent to other
Windsor Plywood stores when inquires are made and they are being told that
Mr Hawke wrote a NSF cheque to Windsor Plywood for building materials. This
is not true, this is being done by Windsor Plywood to discredit Mr Hawke.

You are saying that home owners need a lawyer Mr Morgan. Mr Hawke and his
wife hired Mr Mah, he did nothing but take their money. Other lawyers they
asked to take the case referred them to Brent Gough. He took their money,
did nothing, and went on a holiday. He was not protecting the home owners,
he protected Mr Stooshinoff, Windsor Plywood and the lawyers insurance
company from a claim for damages. Mr Hawke found out in Madam Justice G A
Smith's chambers that a home owner has no protection under the provisions of
the Act. "Verbal contracts are legal." No records had to be kept by the
construction company or the building supplier as required by the Act. No
documents had to be produced. Mr Hawke found out in chambers that if a home
owner tries to protect his property they will be battered with lies, false
accusations and put into the hospital by a corrupt administration of
justice.

I was told to be quite by Justice Smith three times in chambers. Mr Hawke
and I are both disabled, we have helped each other for over 25 years. I was
afraid that Justice Smith would have removed me from the court room if I
tried to help him a forth time. I was not afraid of being held in contempt
Mr Morgan, if Justice Smith had me removed from the court room, who would
have rushed Mr Hawke to his doctor and to the hospital. Care givers should
not he told to be quite in a court room, under any circumstances. Do you
know what it would be like to be forced to watch a disabled friend of 25
years deteriorate to the point of not knowing if he was sitting or standing?

I sent you information concerning my case, it included what was done to me
under the pre-text of divorce proceedings. I sent this information to
others, a federal MP wrote to you and you wrote to me asking for more
information. I sent you emails Mr Morgan. You did nothing. Some of the
people who answered my emails and posts were asking why you were doing
nothing. I sent the same information about Justice Hrabinsky and Madam
Justice Dovell and not one of the people responded with anything like: There
is no "conspiracy" or great plan to defraud the public."

You say a home owner should hire a lawyer Mr Morgan. This is what happen to
Mr Hawke and his wife. It cost them $300.00 per hour.

83(1) A person who has verified a claim of lien that has been registered is
liable to

be examined on the claim of lien at any time, without an order, whether or
not an

action has been commenced.

Mr Gough was asked to examine Windsor Plywood many times. He did nothing.

Mr Hawke's wife found a lawyer to take the case when he was in the hospital
and when she got to his office he referred her to Mr Gough. He told her that
Mr Gough was waiting for her at his office. When she got out of her car in
front of Mr Gough's office building, Mr Stooshinoff was standing on the
sidewalk waiting. Mr Stooshinoff was demanding that she accompany him to an
office building down the street as he intended to discover her. Justice
Smith told Clara L. Bitzer Naidu in chambers that Mr Hawke's wife had to
agree to be discovered as she had not been served properly by Mr
Stooshinoff. Mr Hawke's wife told Mr Stooshinoff that she would not
accompany him anywhere and that she would not be in the same room with him
without her lawyer present. He kept demanding and she was saying, " do not
speak to me in that manner Mr Stooshinoff " and "we are both professionals,
do not speak to me in that manner Mr Stooshinoff ". As she was walking in to
see Mr Gough she said "he is a grade six bully". She is a school teacher
with years of experience dealing with the childish behaviour of the
underdeveloped minds of young children.

She received the same advice from Mr Gough that her husband received, its
cheaper to pay off the lien. After Mr Hawke got out of the hospital he was
no longer able to continue with his university studies. He wrote the
following in a letter to Mr Gough:

"Perhaps the most important thing that should happen now is to get the
documents detailed in their first Statement As To Documents(?) These include
the cash sales receipts and valid, readable, delivery slips. Why have they
ignored repeated requests for these and a Court Order for readable delivery
slips? We believe they have fabricated invoices and written on the contracts
in an effort to make it seem as if they have received no money. Will they be
able to delay these proceedings long enough to be out of the risk of being
charged with filing a false claim of lien if that is what they have done?
Two years?"

In another letter to Mr Gough from Mr Hawke:

"It has been a number of months since we have heard anything about this
dispute. We are concerned that it may run out of time or have been shelved.
My wife and I remain resolute in that we do not think Windsor Plywood should
get away with this blatant deception."

A further letter from Mr Hawke to Mr Gough:

"Further to our letters of February 3 and February 17, we have no
confirmation that you have received these letters or the resent letter from
Dr -----. I have a question for you concerning a letter dated October 10,
2002 from Mr Stooshinoff. He states in the second paragraph "we are
asserting our claim to the full price based upon unjust enrichment." If he
is not relying upon the provisions of The Builders Lien Act, why is there a
claim of lien on our property? I requested how I was to prepare a complaint
to the Saskatoon City Police in my letter to you of February 3, 2003. Mr
Hunter, I believe, in May of 2002, had contacted the prosecutor and the City
Police. Mr Hunter contacted an officer in Commercial Crimes and was able to
explain that I was not wanting to file a complaint concerning Wayne Fisher."


"Mr Hunter told the officer my intent was to file a complaint under the
provisions of The Builders Lien Act concerning a false claim of lien by
Windsor Plywood ---. Mr Stooshinoff continues to claim we have viewed, and
have copies of all the documents, then someone needs to get the court order
for the eight cash sales receipts and readable delivery slips. Does this
need to be a lawyer or can it be the Saskatoon Police?" Would it be
appropriate for us to discuss, with your law firm, the possibility of filing
a Statement of Claim, on our behalf, with respect to Windsor Plywood and
David Hilash for filing a false claim of lien on our property.? We continue
to be concerned because we have not received responses to our telephone
calls or letters to you.?"

In a letter from Mr Hawke to Mr David Hnatyshyn a partner in the same firm
with Mr Gough:

"Is there any attempt being made to obtain the documents by your firm? Is
there a reason that your law firm has not been contacting us? " - contact
has been made with the Saskatoon City Police and a file number has been
assigned. We have been trying to get these cash sale slips and other
documents for close to two years. It has been one year this May that your
firm has failed to obtain these documents from the Stooshinoff law office.
Is there a reason that your firm has failed to get these documents and
discover David Hilash (manager of Windsor Plywood) on the lien. We have paid
your firm to have a false claim of lien removed from our property. We expect
you to do that. Again, we ask that you obtain the documents and discover
David Hilash."

Mr Hawke then received a phone call from Ms Bell-Pinder a lawyer in Mr
Gough's
law firm, she was pressuring him to attend his discovery. Mr Hawke was told
his lawyer, Mr Gough, was in Australia. Mr Hawke had just recently gotten
out of the hospital and his Doctor wrote to the law firm of Hnatyshyn and
Gough informing them of Mr Hawke's medical condition and that it would place
his health in jeopardy if his discovery was not postponed until a later date
giving Mr Hawke time to recover.

Mr Hawke wrote another letter to David Hnatyshyn:

"Further to our telephone conversation of February 15, 2003, I would like to
state again that my wife and I are very concerned. Mr Stooshinoff continues
to correspond as if Mr Gough were here. Judging by Mr Stooshinoff's letter
of February 6, it seems entirely likely that Mr Stooshinoff intends to take
advantage of Mr Gough's absence. Mr Stooshinoff, in this letter, states in
the second paragraph: "You have already reviewed and inspected my documents,
as has your client and your clients' prior reprehensive." Mr Stooshinoff
continues to claim this when all other information shows otherwise. If this
is true why would a judge of The Court Of Queen's Bench, after reviewing the
material, order on May 14, 2002, in chambers, that the Stooshinoff law
office produce eight cash sales receipts and readable delivery slips? The
actions of Mr Stooshinoff to this point, seems to be a strategy of
aggressive bulling or convenient memory loss."

"In Mr Stooshinoff's letter of February 6, 2003, he makes reference to an
application to strike. I believe Mr Stooshinoff is again writing letters
containing false information with the intention of attaching them to another
affidavit in support of a motion to strike."

"Ms Belloc-Pinder stated in our telephone conversation of February 11, 2003,
that she received a call from an angry Mr Stooshinoff concerning the delay.
She said there was nothing else to be done and documents were to be
exchanged at the discovery. I am in the same position I was in when I gave
$5000.00 to your law firm in May of 2002. Ms Belloc-Pinder said we only had
to go to Mr Stooshinoff's office to view the documents. I am flabbergasted
by this statement. Mr Stooshinoff has been saying the same thing since March
12, 2002, but he has continued to avoid our attempts to view them. Ms
Belloc-Pinder was pressuring me on the telephone to set a date in March for
my discovery."

"I can understand that you may not have a very good opinion of me if you
accept Mr Stooshinoff's attack on our credibility. My wife and I have
$15,000.00 cash tied up with lawyers in the system now. I do not want my
money spent to protect my credibility in a motion to strike that is based on
Mr Stooshinoff's lies. I also believe our money is not well spent preparing
for discovery to obtain documents for trial when the lien is false."

"We understood after our first meeting with Mr Gough in May of 2002, that we
could get the cash sales documents and readable delivery slips as ordered to
be produced in chambers on May 14, 2002. These are listed on Mr
Stooshinoff's first Statement As To Documents but not on his Supplementary
Statements As To Documents. We also understood that it was possible to
discover (manger of Windsor Plywood) on the lien only."

"Mr Gough is aware that there are two Statements As To Documents from Mr
Stooshinoff. The first Statements As To Documents lists seven cash sales
receipts and other records that will prove, beyond question, that Windsor
Plywood, and or the Stooshinoff law office, have filed a false Claim Of Lien
on our property. We have tried a number of times to get these documents from
Mr Stooshinoff without success. Finally, we resorted to a chambers
application on May 14, 2002. The judge ordered the Stooshinoff law office to
produce eight cash sales receipts and readable delivery slips."

"Mr Stooshinoff is claiming that these documents were reviewed at the time
of mediation. I viewed no documents at this meeting. When Mr Hilash was
speaking at the mediation, Mr Hunter asked Mr Hilash some questions. Mr
Stooshinoff stood up, flung his chair back, and with his surprised client,
stormed out. If Mr Hilash would have been allowed to answer, it would have
not have looked good for Mr Stooshinoff. Mr Stooshinoff will not be able to
storm out of a discovery of Mr David Hilash on the lien only. Our position
has not changed since the first meeting with Mr Gough: get the documents and
discover David Hilash on the lien."

"We hope, that with Mr Gough busy elsewhere, someone within your firm will
consider the gravity of Mr Stooshinoff's second paragraph of his letter of
February 6. If that letter is attached along with the information that Mr
Stooshinoff has already presented to the Court, attacking my credibility,
along with the two letters from your law office to Mr Stooshinoff informing
him that Mr Gough was out of town. If these are presented to a judge of The
Court Of Queen's Bench asking for a motion to strike will it be difficult
for your firm to defend to this?"

"Also, in the same paragraph, Mr Stooshinoff says that he had set the matter
down for discovery and that my wife and I failed to appear. The fact of the
matter is, that when I was in chambers May 14, 2002, the judge ignored
information from my doctor and ordered me to attend for discovery three days
later. This was impossible for me to do because of a medical condition. The
judge did not allow Mr Hunter to speak in court. Mr Hunter did, and does,
have certain power of attorney over my affairs. Because of my medical
condition Mr Hunter was helping me with the file. He tried to interrupt the
proceedings to inform the judge that I could not continue. Mr Hunter was
commanded to be quite. If Mr Hunter is to speak to anyone concerning my
medical condition he does it with my knowledge and full consent. He must be
listened to."

"I need to emphasize that there is no medical or other reason why I cannot
be discovered if it is done in a controlled situation and no one, including
a judge, is to ignore what my doctor has to say. Three hours after the May
14 court proceedings I was rushed to emergency for two weeks of treatment. I
need proper representation by an attorney or I will end up in the hospital
again."

"Mr Stooshinoff was notified on May 14 after chambers of this medical
emergency by telephone on the advice of the Queen's Court registrar. Mr
Stooshinoff had ample time to postpone the discovery. Mr Stooshinoff was
advised the same day I was in the hospital. The very next day Mr Stooshinoff
was served with the doctor's certificate that is on file. Knowing this,
however, Mr Stooshinoff writes in his letter of February 6, 2003 that:

"As you know, we had previously set this matter for discovery and had served
your clients with an appointment as well as conduct money. Your clients
failed to appear at the scheduled Examination for Discovery and we will
expect you to see to it that our costs thrown away including conduct money,
will be refunded. Given that you are now on file, I have chosen not to bring
an application to strike out the defence for your clients' failure to attend
for the Examination for Discovery. If Mr Stooshinoff takes this position,
either his memory is faulty or he is lying."

"Windsor Plywood and David Hilash have filed a false claim of lien on our
property. This has caused my wife and I serious problems and have prevented
me from continuing my studies for a master's degree in English. I have been
traumatized immensely by this prolonged dispute and may be so for the rest
of my life. It is a false claim of lien on our home that has caused this. I
will continue until Mr Hilash and Windsor Plywood are held accountable."

Mr Hawke's discovery was postponed and at a meeting with Mr Gough when he
returned from Australia, Mr Hawke asked Mr Gough about the cash sales
receipts. Mr Gough reached into Mr Hawke's file and brought out 7 cash sales
receipts. When Mr Hawke asked Mr Gough how they got into the file, Mr Gough
answered that he did not know and indicated that they must have always been
in the file. Mr Gough said that the punch holes in the cash sales receipts
did not match the type of punch file holders used by his law firm. Mr Gough
went on to minimise the importance of how the files got into the file
without being stamped as received by his law firm and the importance of
having Excalibur cash sales receipts for the materials claimed by Windsor
Plywood to have not been paid for.

A Saskatoon police officer was breathing down Mr Stooshinoff's neck, he
stated in his sworn affidavit that he had produced all documents and told
this officer that he had never seen any cash sales receipts. Mr
Stooshinoff's
signature was on documents listing the cash sales receipts. He told this
officer that Mr Hawke was not in the Hospital and went on to discredit him.
The officer had the documents filed and served on Mr Stooshinoff from his
doctor, and it was not Mr Hawke who was lying. The police officer was very
interested in Windsor Plywood's and Mr Stooshinoff's affidavits. It does not
take years of law school to see how and why the cash sales receipts got into
Mr Hawke's file or why Mr Stooshinoff was waiting for Mr Hawke's wife on the
sidewalk in front of Mr Gough's office.

Ms Bell-Pinder would have reached into Mr Hawke's file at his discovery,
just like Mr Gough did, and she would have produced the cash sales receipts
not stamped as received by her law firm and she would have claimed, just
like Mr Gough did, that the cash sales receipts were always in the file. If
not for Mr Hawke's doctor putting a stop to his discovery because of his
fragile medical condition he would have been railroaded by Ms Bell-Pinder
into a discovery and put into the hospital again. It was Ms Bell-Pinder who
put the cash sales receipts into Mr Hawke's file, she got them from the
Stooshinoff law firm. Mr Hawke's money was being spent by Mr Gough on a
holiday to Australia. When he was away a discovery of Mr Hawke represented
by Ms Bell-Pinder would have resulted in a motion by Mr Stooshinoff to
strike, and it would have been supported by yet another affidavit full of
the lies contained in Mr Stooshinoff's letters.

I am being beaten into the ground by Mr Stooshinoff's former law partner
Justice Dovell, she has help from her former law partner of 6 years, Audrey
Brent, and Justice Hrabinsky. Justice Hrabinsky's past law partners were
named Sherstobitoff and Makaroff and the like, but no Stooshinoff. After
Dovell's assault on me in her court Mr Hawke wrote a letter to her, I asked
him not to mail it because I know what she is capable of. He said he took
his letter below to the court and left it for her:

Dear Madam Justice Dovell,

After witnessing your character in court I'm sure this letter will mean
nothing to you. However, you at least need to know that people are aware of
what is happening in Saskatchewan court rooms.


There is no need to read your judgement. I know what is coming. My instincts
told me what was happening in the first 5 minutes of the trial. It was
obvious you have some kind of vendetta against Mr. Hunter and you were
determined to make him suffer (you succeeded probably beyond even your own
expectations and hopes). I rejected those initial instincts because I still
had faith that truth, justice, and fair play meant something in a
Saskatchewan court room. It is unfortunate the people of Saskatchewan are
continually finding out otherwise.

Mr. Hunter told me you would come out with an attack but I did not believe
him. I am still stunned. I was numb for two days. Not only did you ignore
his pleas for legal representation, you attacked and berated him. Let us
consider that you may have been right, perhaps Mr. Hunter did make mistakes
with his lawyer, was the assault on him necessary? Could you have not said
the same thing without the anger and aggression? Whenever you addressed Ms.
Gutenberg's lawyer your tone was conciliatory, co-operative, even kind.
However, any time you addressed Mr. Hunter or me you switched to a nasty,
aggressive tone that was confrontational and accusatory. You are smart
enough to know that tactics of attack and aggression do not necessarily show
up as such on a transcript.

I now believe you did take heed of the doctor's warnings about the effects
of stress on Mr. Hunter and you deliberately set out to cripple him.

Mr. Hunter could not stay in the court room. The stress was causing him to
cramp up in pain (exactly as the doctors warned). I got him into his
wheelchair and got him away from your assault. He waited outside while the
farce continued. You angrily asked me "What difference does it make if he is
sitting in a wheelchair here or downstairs?!" The difference was, Madam
Justice Dovell, he was unavailable for your attacks. Your threat of a court
order to force Mr. Hunter back in the court room was especially vile. I'm
sure your sheriff would not have had too much difficulty subduing a crippled
old man in a wheel chair. Perhaps you could have had him beaten in the
elevator as well? No one would have seen.

You very craftily snubbed me ( I suppose your experience as a lawyer and a
judge makes you adept at it) on the issue of Audrey Brent being in the
courtroom when the last adjournment was decided. You snapped "How do you
know Audrey Brent was in the court room? Where you there? Well I was and
I'll
tell you she wasn't!" Well, Justice Dovell, even though Audrey Brent was not
there her representative was. In the end it is the same as her being there
and you know it. The fact remains that Mr. Hunter received written notice
the trial was adjourned days before the trial was to happen. Why was Mr.
Hunter excluded from these proceedings? How can Audrey Brent (or her
representative) know beforehand you would grant an adjournment? Did you make
prior arrangements with Brent? Is there some kind of collusion between you
and Brent that the people of Saskatchewan should know about? If there was no
collusion what would Mr. Hunter have done if you refused the request for
adjournment and carried on with the trial? With Mr. Hunter successfully out
of the way what exactly happened in your secret court?

It is now clear to me your seemingly generous "exception" to the proceedings
by allowing me to speak for Mr. Hunter was motivated by your knowledge that
you would have done Mr. Hunter a serious wrong by continuing the proceedings
without him. You had no intention on hearing what I had to say. That was
obvious from the start. You took no regard to the fact that Gutenberg took
over $20,000.00 of marital property from the home when she left. You had no
regard for the letters from qualified medical practitioners who expressed
concern for the stress the proceedings would have on him. When I tried to
point out the letters you dismissed them as simply being addressed "to whom
it may concern." In fact, as I told you, one of the letters was addressed to
me. You snapped "what kind of a doctor would write a letter like that?!"
Well, he is a fully licensed medical practitioner in the Province of
Saskatchewan. I wonder how he would feel about a judge second-guessing his
medical expertise? You may have a law degree but I doubt you know much about
medical conditions, even though you have the power to dismiss them.


The fact that I have this medical advisory addressed specifically to me
means I have first-hand knowledge of the issue. Therefore I have the right
to give testimony, under oath, on the stand. You knew I held Mr. Hunter's
Power Of Attorney and you also knew that, as such, his medical practitioners
are obligated to provide me with this information.

Mr. Hunter told me not to go back for the afternoon court proceedings. He
told me exactly what you were up to. Again, I did not believe him. I still
had faith in justice and fairness. I was sadly mistaken. In retrospect, I'm
not sure Mr. Hunter gave me permission to speak on his behalf. He
steadfastly advised me not to. Mr. Hunter claimed it would only give
legitimacy to what you were doing. Again, I didn't believe him. Again, I was
sadly mistaken. I pressured consent from Mr. Hunter while he was in his
weakened condition and under the influence of heavy dosages of prescribed
morphine. He finally said "You decide".


You will be pleased to know that Mr. Hunter is now not doing well. I had to
call the Crisis Centre on Saturday because Mr. Hunter was in no condition to
look after himself or his mother. When I arrived at his home (soon to be
liquidated) I found him on the floor in pain even though he had taken 100 mg
of prescribed morphine. He has not been able to manage the stairs to get
into his suite so I brought a mattress from the suite and placed it on the
floor upstairs. He crawled onto it.

You, Madam Justice Dovell, are a vile, wicked, evil human being, and a
disgrace to any aspect of the justice system that believes in truth and
fairness.

Sincerely

R. Gerry Hawke

I was crawling for 3 days after court, I could not get into my wheelchair.
If not for my mother having a registered caveat giving her the legal right
to live in her house Justice Dovell would have put a disabled man with
Torsion Dystonia and a eighty six year old stroke victim out on the street.
I have the only known illness that effects a persons ability to handle
stress. When I am placed under stress I twist up like a pretzel and my
degenerated spine twists up causing pain that requires 100mg and over of
morphine to control.

In Justice Dovell's Order she does not say what was contained in my doctors
letters to the court. Nothing about Torsion Dystonia or any of my other
serious medication conditions, she makes reference to a letter from the
court claiming that I was not in court. I was in court, I could not
represent myself, I was on the floor. She makes reference to a previous
court order that denied me due process and she fails to say that she was the
judge that made the order or that the order was cooked up by her and her
former law partner, Audrey Brent. There was no trial, no one was in court.
The court has ignored my doctors letters, what part of "seriously effect his
health did Justice Hrabinsky not understand?" I have been taken to emergency
6 times Mr Morgan. Justice Dovell is implying that I will have a minor
stress problem if I attend in court, the stress of going to court is caused
by a neurological brain disorder called Torsion Dystonia. It leaves me
twisted up in pain on the floor of her court and she takes great pleasure in
doing this to me. When I was being wheeled out of her court room in my
wheelchair I said "This is an assault on a disabled man and a eighty six
year old stroke victim." I should have added, say hello to your former law
partner, Mr Stooshinoff for me.

You say that The Builders Lien Act is to protect trades people from home
owners who default on their obligations, that is not true. You say that
complaints to The Judicial Council about the judge or the Law Society about
the lawyers will clearly be met with the predictable response that your
remedy is in the courts or through the appellate process. That is not true.
You say that :"It is unfortunate that people have had medical problems
because of the related stress." That is not true, Mr Hawke and I are
disabled Canadians with medical illnesses that prevent us from protecting
ourselves. Your responses are nothing more than a means of avoiding your
obligations Mr Morgan.

7. Everyone has the right to life, liberty and security of the person and
the right not to be deprived thereof except in accordance with the
principles of fundamental justice.

15. (1) Every individual is equal before and under the law and has the right
to the equal protection and equal benefit of the law without discrimination
and, in particular, without discrimination based on race, national or ethnic
origin, colour, religion, sex, age or mental or physical disability.

I received a letter from the sheriff that said:

"I am writing to ask you to pay out the above noted writ of execution
registered against you."

"If settlement is not made by October 19, 2004, the Sheriff will take direct
action without giving advance notice to you. Any action taken by the
Sheriff's
Office will create additional costs for you and seizure of your assets."

What do they want my $340.00 monthly CPP. Mr Hawke wrote the following
letter to the Sheriff:

Dear Mr Laing,

As I mentioned in my emotional phone call last week I am trying to help a
good friend of mine that is going through a legal crisis. I have his Power
of Attorney in case he is re-admitted into the hospital. As in the past, he
may not be able to direct his doctors concerning the types of medications he
is adversely affected to. He wants me to have the ability to intervene. I
have included a copy of this Power of Attorney so you can be aware Mr Hunter
has given me permission to be involved in his affairs.


I have also included a copy of the Judgement Madam Justice Dovell brought
down on September 16. In this Judgement you will clearly note in paragraph
49:


.. . . Beverley shall have judgement against James with regard to her
one-half interest in that property [1221 Avenue O South] in the amount of
$42,250.00 which shall not be executed upon until after the death of Edna
May Hunter or sooner if the property were to be sold by James.

The fact that Audrey Brent and Lynne Greenhorn have obtained authority for
your office to begin seizing assets (including exemptions in the order) on
October 19 goes contrary to the judge's order. This is extremely disturbing
and thus emotions run high. Throughout this whole ordeal I have witnessed
injustice after injustice heaped on Mr Hunter because he cannot afford a
lawyer. He began with a lawyer that promised him affordable rates. As it
turned out, the lawyer was incompetent and made more of a mess of things
than he helped. Mr Hunter then turned to a well-known law firm that was
happy to take his money (and do a good job) until Mr Hunter ran out of money
at about the $8,000.00 mark. The lawyer then withdrew leaving Mr Hunter
stranded. Both the lawyers Brent and Greenhorn knew his financial
limitations. It seems their strategy was simply to prolong things until he
ran out of money. They succeeded

Mr. Hunter is 62 years old and looks after his 87 year-old mother in the
modest bungalow he bought and paid for 3 years before his short marriage to
Gutenberg. He suffers from a movement disorder called Dystonia which, like
other diseases becomes progressively worse as he ages. Most relevant to this
case is the fact that Dystonia sufferers cannot cope with extreme stress. As
you can imagine, this situation has been very stressful. Mr. Hunter was not
able to attend court proceedings without representation to protect him from
the attacks that naturally occur in the adversarial process. On one occasion
Mr Hunter began to collapse in the court room and stumbled into the hall
trying to reach the elevator. He fell in the hall and could not get up. It
took the sheriff and I ten minutes just to get him on a chair. When these
attacks begin he loses control of his legs and other muscles and his eyes
involuntarily close, sometimes one eye, sometimes both. The point is that Mr
Hunter has been unable cope with this entire process. Now, for him to get a
legal document that says your office will begin seizing his property (which
amounts to very little), contrary to the judgement, is devastating for him.


This is no mistake or oversight on the part of Audrey Brent and Lynne
Greenhorn. They know his condition. They have witnessed it in the court room
and they have been served with doctor's letters that indicate the fragile
condition of his health. They also know he has absolutely no money for a
lawyer to protect him. It seems to me that Audrey Brent and Lynne Greenhorn
are using his disabilities to their, and their client's, advantage.

The fact that Audrey Brent and Lynne Greenhorn can use your office to
strong-arm a disabled man waiting for his mother to die is beyond
reprehensible.


sincerely

R. Gerry Hawke

cc. The Law Society Of Saskatchewan

This left me on the floor crawling again. Mr Hawke contacted a friend and
arranged with the friend for a bank loan. Mr Hawke is making the payments,
he used the money to hire a lawyer to file an appeal and get the Sheriff off
my back. The lawyer wrote to the Sheriff as follows:

"Counsel for the Petitioner has filed a writ of execution contrary to the
terms of the judgement which in our view is a serious matter."

"However, as we are of the view that the registration of the writ of
execution is improper in light of the terms of the judgement of Dovell J.,
we are writing to inform you that we have obtained instructions to apply for
an order expunging the registration of the writ of execution."

An appeal was filed Mr Morgan and the grounds are below:

The learned trial judge erred in proceeding in the absence of the Appellant.

The learned trial judge erred in failing to consider or give sufficient
weight to the medical evidence provided by the Appellant that his medical
condition, specifically torsion dystonia, is aggravated by stress and that
his participation in the trial could compromise his health;

The learned trial judge erred in accepting the evidence of the Respondent
without cross-examination;

The learned trial judge erred in making the following orders in relation to
the family property based on the evidence received without the benefit of
cross-examination and in the absence of the Appellant and without receiving
the Appellant's evidence;

In determining the Respondent's RRSP exemption;

In determining the Appellant's family property exemption;

In granting a judgement in favour of the Respondent in the sum of $42,250.00
with respect to the family home;

In granting an order requiring the Appellant to sell the 1998 Aerolight pull
type trailer;

In determining that $12,000.00 regarding the Lifelong learning plan be taken
into account as a family debt;

In proceeding to a final calculation and determination of the division of
family property and in granting an order pursuant to that determination;

In dismissing the Appellant's counter claim for spousal support in light of
the Appellant's inability to participate in the trial.

The appeal is asking for a new trial, the lawyer who filed the appeal told
Mr Hawke, "I do not want Dovell after me". It is very unlikely that the
appeal will proceed because of this Mr Morgan. When a lawyer is fearful of
retaliations from Justice Dovell, and is unable to represent his client in a
court of law because of this, there is something wrong with the court of
law.

About ten years ago a man named Richard Klassen was picketing and telling an
unbelievable story about Saskatchewan Justice. For ten years Mr Klassen was
telling his story and for ten years the Government of Saskatchewan and
Saskatchewan Justice kept sweeping it under the rug. He was saying that two
eight year old girls in the care of a government agency were being raped
with the full knowledge of officers of the court. His children were removed
from him and his wife, and this happened to his other family members. His
family was destroyed. When children are removed from parents who abuse them
the children are up-set and disturbed by the process. When children are
removed from caring loving parents it is something that those who witness it
can ever forget. The children scream at their parents to help them as they
are being dragged away, the family bond of trust between a child and parent
is broken and the children and parents are left with nightmares, anxiety,
and other enduring scars for life. For over ten years he told stories about
Justice Hrabinsky and Dovell sealing documents and secret courts and cooked
up court orders. I believe that he has a grade 6 or 7 education and he
proceeded to court and a judgement supported what he was saying. He was not
dealing with overly intelligent people, he was dealing with defiant arrogant
people who had the power to destroy his family. No one listened to him, at
first.

When I tell you that the rule of law has broken down in Saskatoon, that
lawyers and building suppliers are blackmailing homeowners, that justices of
the court of Queens Bench and the Law Society protect these blackmailers and
thieves, that I have been assaulted by lawyers and Justice Dovell and
Hrabinsky you should not dismiss this information as some, "conspiracy" or
great plan to defraud the public". Mr Klassen told a story for 10 years in
Saskatchewan and people were told not to listen to him based on very similar
hogwash as what you are peddling. You can not stand behind the autonomy of
the court system and claim an inability to intervene. The Builders Lien case
is over, Mr Hawke was blackmailed out of his money just like all the home
owners before him.


When I first approached the Saskatoon Police Service about the false lien on
Mr Hawke's property all I heard was "it's a civil matter". My issue of the
Greenspan, Criminal Code was published in 1979, Salhany, Third Edition,
Canadian Criminal Procedure was published in 1978, and Emond-Montgomery,
Criminal Procedure, Cases, Text, & Materials by Arbour and Taman in 1980.
The law is as clear now as it was back when these books were published.
Lawyers and building suppliers who commit illegal acts are not above the
law.

At my first meeting with a Saskatoon Police officer he did not have a copy
of The Criminal Code on his desk, he had a copy of The Builders Lien Act .
The officer was making reference to the Act, and I was pointing out that
swearing a false Affidavit of Verification and placing a false caveat on Mr
Hawke's property is a criminal matter. Falsifying charge invoices to support
a false Affidavit of Verification is a criminal matter. Using falsified
documents to defraud is a criminal matter. Swearing a false Affidavit is a
criminal matter. To deprive by deceit is a criminal matter. Falsifying a
receipt is a criminal matter. He agreed, and he investigated. .

Do you, Mr Morgan, think that people who have responded to my emails and
posts, Federal MP's, disabled groups or the police officers who sent files
to the prosecutors office with a recommendation to lay charges would have
done this based on some hogwash about a "conspiracy or great plan to defraud
the public". You, Mr Morgan, are not paid to engage in slandering a home
owner when you receive information that he was blackmailed by lawyers and a
building supplier. In your email to me you sent a copy to Mr Wall. You are
suggesting Mr Hawke has avoided his responsibilities and the provisions of
The Builders Lien Act were used to protect trades people from Mr Hawke
defaulting on his obligations. You are not paid to protect your profession
or members of your profession by suggesting that the information supplied to
you is "a plot to defraud the public" I would have thought better of you Mr
Morgan. Ignoring Mr Klassen resulted in the international disgrace of
Saskatchewan Justice. You are paid to stand up in the Legislative Assembly
and ask the Attorney General about a home owner being blackmailed by lawyers
and a building supplier using the provisions of The Builders Lien Act. Ask
the attorney general why no charges were laid by the prosecutor's office,
this is an affront to the Canadian Criminal Code. If you are not prepared to
protect Saskatchewan home owners and a disabled man being assaulted by
lawyers and Justices of the court then you need to stand up and walk to the
other side of the Assembly, sit down and do nothing on the other side, you
are sitting on the wrong side, Mr Morgan.

Justice G A Smith, Hrabinsky and Justice Dovell are stomping on the
Constitution and people's Charter Rights. They have been doing it for years.
You say that it is unfortunate that the situation has caused stress. When
Justices of the Court of Queen's Bench ignore medical doctors information
and their letters to the court, and tell caregivers to be quite, and this
action results in disabled Canadians being rushed to the hospital in serious
condition or for medication to control pain, that is not a little stress.
The rule of law has broken down in Saskatoon. The people did not vote for
Justice Smith, Hrabinsky or Justice Dovell. The people are not just in
danger of losing their homes and money, they are in danger of losing the
Constitution and Charter of Rights and Freedoms. I do not live in a country
with a legislative democracy, I live in a constitutional democracy. When the
Official Opposition in Saskatchewan fails in its duty to protect the
Constitution and the Charter of Rights and Freedoms then the Government of
Canada, and Federal Members of Parliament have a responsibility to protect
the people of Saskatchewan from a corrupt court and Administration of
Justice.

James Hunter

And the reason for posting this ridiculously long post was......?

The condensed version

-A contractor paid cash for building materials at Windsor Plywood and
received 8 cash sales receipts for over $9000.00.

-Windsor Plywood copied the cash sales receipts on to charge invoices.

-Windsor Plywood then used the charge invoices and filed a false claim of
lien on the home owners property claiming the building materials were not
paid for.

-Windsor Plywood is slandering the home owner by claiming he wrote a NSF
cheque for the building materials.

-Buying building materials from Windsor Plywood where a claim of lien under
The Builders Lien Act can be placed on a home owners property could cost the
home owner their home, and ability to feed themselves and their dependents.

James

In article , Leon
wrote:

And the reason for posting this ridiculously long post was......?

He's posting it on a few groups. I actually read the whole thing on one
of our local groups. It appears that the point is to drive business
away from Windsor Plywood.

Who happen to be the only place in town with a decent selection of
hardwood and who I just bought some very nice maple from.

The story itself is a convoluted one of a couple who claim to have run
into a less-than-honest contractor and suffered hardship as a result,
as told from the point of view of someone close to that couple.

The home owner is a disabled Canadian and was not able to defend himself. He
wrote to the head office of Windsor Plywood and he did not receive a
response from them. I sent the other Windsor Plywood outlets an email about
the Saskatoon outlet filing a false claim of lien. Filing a false claim of
lien is not good for business. A response from the Windsor Plywood outlet in
Red Deer is slandering the home owner. I posted the response below to a
concern about a lien being placed on a home owners property on the
sk.politics newsgroup. It is not my intention Òto drive business away from
Windsor PlywoodÓ, it is to let people know what happened to a disabled home
owner in Saskatoon. He was put into the hospital for two weeks by a false
claim of lien on his property.


Hi Carol

A normal practice for any building supplier is to place a lien on the
property for the amount of the building supplies and removing the lien when
the building supplies are paid for. Check out the contractor, call the
construction association, city planning department and ask your local sub
trade suppliers and trades people about the contractor. A company like Home
Depot or other Windsor Plywood outlets would not engage in filing false
claims of lien and I would think they would be disgusted by the actions of
Windsor Plywood in Saskatoon.

James Hunter

Then why did you quote the whole #@$%& thing???


Because home owners who have a builders lien on their property need to see
that they have no protection. Not from the court, lawyers, law society,
politicians or anyone. The protection for the home owner in the Act is
unattainable and in Saskatoon the home owner will be blackmailed out of
their property. If one reports a lawyer to the police in Saskatoon the
lawyers, law society, prosecutors office and politicians will protect the
lawyer. The court is corrupt in Saskatoon, has been for years, it is
documented on internet sites like injusticebusters.com and others sites. We
have no other outlet in Saskatoon and more and more people are speaking out
on the internet. Judges in Saskatoon are abusing their power, they do it in
a complete vacuum of any accountability. I am doing my part, the tax payers
of Canada pay the judges salaries, they are federal Judges. Justice Dovell
is a Court of Queen's Bench Justice who is protecting her former law partner
who placed a false claim of lien on a home owners property. The tax payers
in Canada pay her over $200,000.00 a year for this? Disabled people have
rights in Canada, but not in Saskatoon, they are put into the hospital by
Judges like Hrabinsky, Madam Justice Smith and Dovell.

James

In article , Garry\
wrote:

Disabled people have
rights in Canada, but not in Saskatoon, they are put into the hospital by
Judges like Hrabinsky, Madam Justice Smith and Dovell.

Oh fer... You're starting to sound llike Kabatoff.

Take it to the Human Rights Commission, the police and the Star Phoenix
newspaper. This is not the appropriate forum for blowing off steam at
perceived injustices in Saskatoon. It has nothing to do with
woodworking.

Followup set to can.legal, where this *is* on topic.

djb

Who is Kabatoff?

A false claim of lien by a building supplier is a matter that people who buy
wood should be interested in. It could happen to them, if they own a house
or property. People in Saskatoon buy wood.
James

"James (Garry) Hunter" wrote in message
...
The home owner is a disabled Canadian and was not able to defend himself.


Garry,

While I live in California and not Seskatchewan, we have mechanics leins
here and I suspect that the rest of Canada and the rest of the US (with the
possable exception of Louisiana as their law is based on the Napoleanic
code) is based on the common law of England.

Part of this is ignorance of the law is not an excuse. Your unfortunate
friend failed to select his contractor with a reasonable degree of prudence,
and as a result got himself in a mess.

The law is not at fault here, the contractor was, and your friend was. The
former being a crook, the latter being neglegent in attending to his
affairs, but the supplier was not unless he was acting with malace.

If the lein is invalid, there is a court room to address the issue and
penalties for filing a malicious lein. If your friend took his case to
court and lost, then there is appeal. If he failed to protect his rights by
getting the reqresite lein releases or something like that then he gets to
suffer the loss, just as if the vendor had not filed the lein and got stuck
without payment would have suffered.

In any event the internet is hardly the appropriate forum for resolving the
issue.

--

Roger Shoaf

About the time I had mastered getting the toothpaste back in the tube, then
they come up with this striped stuff.



He
wrote to the head office of Windsor Plywood and he did not receive a
response from them. I sent the other Windsor Plywood outlets an email
about
the Saskatoon outlet filing a false claim of lien. Filing a false claim of
lien is not good for business. A response from the Windsor Plywood outlet
in
Red Deer is slandering the home owner. I posted the response below to a
concern about a lien being placed on a home owners property on the
sk.politics newsgroup. It is not my intention Òto drive business away from
Windsor PlywoodÓ, it is to let people know what happened to a disabled
home
owner in Saskatoon. He was put into the hospital for two weeks by a false
claim of lien on his property.


Hi Carol

A normal practice for any building supplier is to place a lien on the
property for the amount of the building supplies and removing the lien
when
the building supplies are paid for. Check out the contractor, call the
construction association, city planning department and ask your local sub
trade suppliers and trades people about the contractor. A company like
Home
Depot or other Windsor Plywood outlets would not engage in filing false
claims of lien and I would think they would be disgusted by the actions of
Windsor Plywood in Saskatoon.

James Hunter

I agree this is not a group that would be interested in the legal matters of
a false claim of lien. While I have the attention of some wood workers I
would like to ask a question. I have some of my Grandfathers hand made tools
and would like to know if there is a place that would use them or display
them? I could never sell them and am unable to use them. I don't know what
some of them are apart for the planes. One of the planes is about three feet
long, I would think made out of some kind of hard wood about 4 X 4 inches.
One of the tools I remember as a kid he used to cut the top off a one piece
box about two inches from the top. He was making a jewellery box . The top
was then hinged and the cut was like what I think is called a rabbit cut. I
remember that he would take his finger and push the drawers closed at the
bottom corner, if the drawer did not close smoothly it was not good enough.
He made the tools and some were made by his father. It would be nice if I
could find a good home for them where they could be used or displayed in a
woodworking environment.

James

In article , "James \(Garry\) Hunter" wrote:
I agree this is not a group that would be interested in the legal matters of
a false claim of lien.

Then why did you post here?


--
Regards,
Doug Miller (alphageek-at-milmac-dot-com)

Get a copy of my NEW AND IMPROVED TrollFilter for NewsProxy/Nfilter
by sending email to autoresponder at filterinfo-at-milmac-dot-com
You must use your REAL email address to get a response.

James (Garry) Hunter wrote:

I have some of my Grandfathers hand made tools and would like
to know if there is a place that would use them or display
them? I could never sell them and am unable to use them.

Do you have kids? If so, you might give some thought to
preserving /their/ heritage. If not, try to locate a local
historical society that might want to include them as part of one
of their exhibits.

--
Morris Dovey
DeSoto Solar
DeSoto, Iowa USA
http://www.iedu.com/DeSoto/solar.html

In article , Garry\
wrote:

It would be nice if I
could find a good home for them where they could be used or displayed in a
woodworking environment.

The Saskatoon woodworkers guild meets the third Thursday of every month
at Walter Murray Collegiate.

"James (Garry) Hunter" wrote in message
...
I agree this is not a group that would be interested in the legal matters
of
a false claim of lien. While I have the attention of some wood workers I
would like to ask a question. I have some of my Grandfathers hand made
tools
and would like to know if there is a place that would use them or display
them? I could never sell them and am unable to use them. I don't know
what
some of them are apart for the planes. One of the planes is about three
feet
long, I would think made out of some kind of hard wood about 4 X 4 inches.
One of the tools I remember as a kid he used to cut the top off a one
piece
box about two inches from the top. He was making a jewellery box . The top
was then hinged and the cut was like what I think is called a rabbit cut.
I
remember that he would take his finger and push the drawers closed at the
bottom corner, if the drawer did not close smoothly it was not good
enough.
He made the tools and some were made by his father. It would be nice if I
could find a good home for them where they could be used or displayed in a
woodworking environment.

James



A hand made tool is something that should get some use, if only once in a
while. For this reason I favor depositing them with someone that would use
them, but if you like the display concept better I would like suggest
talking to local shop teachers or wood workers suppliers. I kind of like
the shop teachers idea as it would expose the kids to a little idea of what
is possible without power tools.

--

Roger Shoaf

About the time I had mastered getting the toothpaste back in the tube, then
they come up with this striped stuff.

In article , "James \(Garry\)
Hunter" says...
Then why did you quote the whole #@$%& thing???


Because home owners who have a builders lien on their property need to see
that they have no protection.

I wasn't talking to you, I was talking to the person who reposted the
whole message to put in a 2 line comment.

--
Homo sapiens is a goal, not a description

Thank you Roger and Dave.

My family arrived in Granville paying 25c each for a boat ride from
Moodyville. I think most of the houses they built would be gone now, the
fire in 1886 would have destroyed many off them. The only house that I know
they built and is still there is the Barclay House. I could never understand
why a carpenter would have a large well used axe weighing 10 lbs. I would
think is was made by a blacksmith, the blade is 1 ft long, the handle is
curved and where it fits into the axe the shape is like the letter D, the
cutting edge is on one side only. I would like to see the main beam or
supports in the Barclay House, they may have been cut by hand with this old
axe. Thank you for your suggestions, I will find a good home for them in
Vancouver BC.

James

On Mon, 3 Jan 2005 13:05:36 -0600, "James \(Garry\) Hunter"
wrote:

Thank you Roger and Dave.

My family arrived in Granville paying 25c each for a boat ride from
Moodyville. I think most of the houses they built would be gone now, the
fire in 1886 would have destroyed many off them. The only house that I know
they built and is still there is the Barclay House. I could never understand
why a carpenter would have a large well used axe weighing 10 lbs. I would
think is was made by a blacksmith, the blade is 1 ft long, the handle is
curved and where it fits into the axe the shape is like the letter D, the
cutting edge is on one side only. I would like to see the main beam or
supports in the Barclay House, they may have been cut by hand with this old
axe. Thank you for your suggestions, I will find a good home for them in
Vancouver BC.

James

That's a broad axe (AKA a hewing axe) and it was a vitally important
carpenter's tool in the days before lumber yards full of
pre-dimensioned lumber. It was used to square logs and beams and
reduce very thick lumber to rough size.


You're unlikely to see the results in any visible part of the house,
but if you go crawling around in the attic or the basement, you may
find some exposed beams with the characteristic marks of the broad
axe.

--RC
"Sometimes history doesn't repeat itself. It just yells
'can't you remember anything I've told you?' and lets
fly with a club.
-- John W. Cambell Jr.

"James (Garry) Hunter" wrote in message
...
Thank you Roger and Dave.

My family arrived in Granville paying 25c each for a boat ride from
Moodyville. I think most of the houses they built would be gone now, the
fire in 1886 would have destroyed many off them. The only house that I
know
they built and is still there is the Barclay House. I could never
understand
why a carpenter would have a large well used axe weighing 10 lbs. I would
think is was made by a blacksmith, the blade is 1 ft long, the handle is
curved and where it fits into the axe the shape is like the letter D, the
cutting edge is on one side only. I would like to see the main beam or
supports in the Barclay House, they may have been cut by hand with this
old
axe. Thank you for your suggestions, I will find a good home for them in
Vancouver BC.

James

I expect that you already now you have a broadaxe. I have hewn my share of
timbers with a similar axe.
Look on the flat side and notice the change of colour in the steel near the
cuting edge. The tool steel is forge welded to mild steel. You can tell the
life left.....or lost, of your broadaxe by how much tool steel is left.

BTW....my grandfather drove the second motor vehicle in the Vancouver
area......a truck full of lumber.

regards......Ken

I would like to have a look at some of the old houses they built and find
some marks of the axe. I may have a problem getting anyone to open the door
if I walk up their sidewalk with the axe over my shoulder. It looks like the
type of axe used to cut heads off in the Tower of London.

I can not see any colour change, the steel has a shine look to it. The axe
looks like it is all the same steel. The sides are not smooth, there are
indents on the flat side that look like it may have been made by pouring the
steel into a cast or something and the indents were made by gas or trapped
air bubbles. The top is 1 ¼ X 3 5/8 inches and has been flattened out a bit
from being hit many times. I know that he made his hand saws and think he
may have made this axe. I have looked on the internet but I can not find out
why the axe has a D shape where the handle fits into it. The opening is
shaped like a tear drop but is flat on the one side. I can not think what it
would be like to build a house with no power tools. If the hand saw broke or
was lost to have to make one from scratch out of a piece of steel with files
is amazing and it did not take him that long to make one. He would have been
green with envy if he had seen the pictures of the jewellery box in the
Finished in time post by Todd the wood junkie.


Thank you for the information

James

On Sat, 01 Jan 2005 11:33:11 -0500, Eddie Munster wrote:
Gee a condensed version would have saved my eyestrain...

What a mess.

1300+ lines of...something. No clue what it's about.