Friday, January 21, 2011

PROLOGUE - THE GUARDIAN


“That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.”   
Thomas Jefferson
 

To Whom It May Concern,

My basic human rights have been taken away from me without merit, trial or jury.  Prior to the events mentioned herein I thought I lived in a free and democratic country.  I have unfortunately found out that OUR liberties can be taken away with just a stroke of a pen.

I am currently seeking LEGAL COUNSEL to regain OUR freedom, financial independence, restitution of reputation, personal and financial, along with compensation for financial losses and the pain and suffering many of us have endured.  A class action suit would be most welcomed.

Following are details of my particular complaints:

TO LIST A FEW

·        Intimidation and unwarranted control by (Center for Addition and Mental Health, Toronto, Ontario (CAMH),  Toronto police and the Ontario Public Guardian 
·        Discrimination due to being labelled incorrectly with a mental disability
·        Loss of income and potential
·        Invasion of privacy
·        Loss of reputation
·        Loss of all personal property and material possessions
·        Loss of my financial freedom and independence
·        Anxiety and depression
·        Loss of enjoyment of life
·        Alienation of family and friends
·        Harassment and illegal procedures from the BANK OF MONTREAL
·        Confinement against my will
·        Loss of self-esteem and self-confidence

  • During the spring of 2007, after professional consultations, it was confirmed that I was misdiagnosed as having bi-polar disorder.

  • June 21, 2007 I voluntarily admitted myself to CAMH (Center for Additions &  Mental Health), Toronto, Ontario, in order to be medically supervised while weaning off of drugs that were adversely affecting my physical and mental health.

  • The admitting psychiatrist and my attending psychiatrist at CAMH were in agreement with the misdiagnosis.

  • During my stay, my attending psychiatrist left for vacation for one month and my file was given to Dr. Joel Jeffries.

  • June 29th I attempted to leave the facility.

  • During my attempted departure I was shocked to find that the doors were literally locked on me and I was put on a Form 1 by Dr. Joel Jeffries, whom I had met briefly on two prior occasions. (see below)

  • I was informed that legally they were allowed to hold me for 36 hours and if I were to leave the premises I would be arrested.

  • I attempted to contact PPAO (Patient Advocate Services) but my calls went unanswered.  I was at this point extremely distraught and frightened.

  • On July 3, 2007 I again met with Dr. Joel Jeffries.  In order for me to be released I was told by him that I must sign a form entitled “Certificate of Incapacity to Manage One’s Property”. 

  • My credit rating at the time was excellent. I had previously owned two real estate properties that were very profitable.  I had been employed steadily most of my life and had earned an excellent reputation and income.  I was 48 years old and had taken excellent care of myself financially since I was 17.  I also still had substantial savings in investments.  None of this was ever discussed or verified.

  • At this point I was under extreme duress and anxious to regain my freedom.  I was given no alternative and signed the form.  At no time was I explained as to the reason or repercussions of signing this form nor was I ever given any information of what my rights were. I have subsequently found out that according to the Mental Health Laws my rights were extremely violated. 

  • August 1, 2007 I rented an apartment from Dominec Manicapelli.

  • I subsequently purchased this profit generating income property which included three other rental units.

  • June, 2008 I was informed by Dominec Mancapelli that the Bank of Montreal was beginning foreclosure proceedings on my property. The mortgage at the time was in arrears less than one month. I had been awaiting funds.  Mr. Mancapelli also told me that the bank was investigating me for fraud!

  • Not long after I received a letter from Rubenstein, Siegel, BMO’s lawyers confirming part of the conversation I had with Mr. Mancapelli, that foreclosure proceedings were being initiated. 

  • I had several meetings with my Bank of Montreal’s Branch Manager, Aicha Saludars, during the month of July. 

  • After much harassment I signed a listing agreement with Ms. Saludars’ recommended real estate agent, Oscar Vidal-Calvet, Century 21 Brown Limited, Bloor W.
 
  • During this month all outstanding monies were paid in full.

  • Aicha Saludars verbally gave me authorization to skip my August mortgage payment as she was given proof that I was awaiting guaranteed funds and that there could be a slight delay.

  • Not long after Ruberstein, Seigel, BMO’s lawyers withdrew fees associated with foreclosure procedures from my account without my consent.

  • My bank account is frozen for the third time in the past month. 

  • I attempt to find legal council.  Coincidently, I am contacted by a lawyer Marvin Barkin, Q.C. who informs me that he has heard of my dilemma. 

  • Mr. Barkin informed me that my situation is “bizarre” and that BMO is acting illegally.   He recommends I cancel listing with Oscar Vidal-Calvet because of undue pressure to sign the listing agreement, find a new agent and also recommends that we not take legal action against the Bank of Montreal as it would be very costly.

  • I cancelled the listing July 15, 2008

  • I signed a new listing agreement with Robert Barkin, Marvin Barkin’s son, July 22, 2008

  • September 19th, another letter is sent out by Rubenstein, Siegel stating I am in default of my mortgage for August despite the fact that I was verbally given a “mortgage holiday” by Aicha Saulders for this month.  

  • They inform me that if they do not receive immediate payment for arrears, legal costs, full payment of line of credit and BMO Master Card outstanding balance, they will commence foreclosure procedures on my property within ten days of date of letter.

  • Coincidentally, I receive a letter from the Ministry of the Attorney General dated September 19, 2008 informing me that I am a ward of the state and they are my trustees and are responsible for the management of my financial affairs.

(Note: I subsequently found out through Mr. Mancapelli that BMO was aware in July that the Ministry of the Attorney General, Office of the Public Guardian and Trustee had taken over my financial affairs.  I was only made aware that the Public Guardian was involved late September, 2008, three months after the bank knew!)   

  • Early October I received a visit from Zoltan Fekete, Investigator for the Public Guardian. He intimates my common law spouse and me by flashing a badge and orders my spouse out of the room and questions me regarding my rental income property.  He also requests documentation which I refused to give.  He takes pictures of every room of our home and advises me to contact Karen Mcduffee, Senior Client Representative, Office of the Public Guardian and Trustee.

  • I met with Karen Macduffee mid October.  She advised me that due to the length of time since I had signed the form the only recourse I had was to obtain a “Capacity Assessment”.   I was responsible for locating the psychiatrist and I was responsible for any costs incurred and that their court would decide my case.

  • I informed Ms. MacDuffie that I would seek legal council with the intention of suing for the damages I had already incurred.

  • I also advised her that any further correspondence with me must be in writing or through electronic mail.  This request has been ignored. On several occasions (prior and since) Ms. Macduffee has withheld or changed information given to me verbally.  


  • Later that month I received a call from my real estate agent, Robert Barkin, who advised me that Mr. Fekete informed Mr. Barkin that he was no longer our listing agent and if an offer were to come in it would not be considered. The Public Guardian was now responsible for the sale of my property.


  • Shortly after, while I was out, Sergeant Mcginnis of 22nd division, Toronto along with two other police officers and a nurse knock on our door.  Despite my spouses insistence that I am not at home they search the apartment from top to bottom for me with flashlights.  Sergeant Mcginnis  has a tazer with him.

  • I later find out from my tenants’ that police officers had previously been to our residence in search of me.

  • I also have been advised that Ms. Macduffie has been forthcoming with misinformation and innuendos regarding my private financial affairs to family members and tenants.

  • My parents have asked her for information and are told she can not divulge this due to privacy laws and that they have no rights regarding my situation.

  • Late November I find three letters addressed to “Occupant” signed by Karen Mcduffee, which were inadvertently placed in our personal mailbox, demanding that the “Occupant” of each unit is ordered by law to remit rental cheques to the Public Guardian.  No notice was given to me.

  • I subsequently find out the the Public Guardian has the legal authority to send police to the door and hold me in a mental health facility, force medication on me, and divert my funds as they see fit.  This caused us great anxiety. We felt it was no longer safe to remain in Ontario and left the province. 

  • We are now residing in Nova Scotia living on social assistance.

  • I have learnt through family members and Robert Barkin that The Bank of Montreal has foreclosed on my income property and that our personal belongings and documents have been confiscated from our home.  

  • Since I have been in Nova Scotia the only contact I have had with the Public Guardian is a list of thousands of dollars charged to me for their services and a list of some of the rents and other monies, including a substantial income tax refund they have collected on my behalf.

  • My rental property has been grossly mismanaged and the fees to do so are being deducted from the monies collected. 

  • I have had no correspondence whatsoever from them regarding the result of the foreclosure of my income property nor what has happened to my possessions.

PERTINENT DETAILS FOLLOW.

CONTINUED

27 comments:

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