It’s Always Been Aurora

Don’t forget to check for NEW MENU OPTIONS above. New today is the FAQ… Frequent Questions answered in detail…

Today, February 4, I am still constantly updating this page, AND the Misfeasance page in the menu.
So check back often, or email me and I will let you know on each refresh.

Warning: This blog reports fairly on my trial in 2019-2020, using the wealth of public domain documents from that trial. If this is too disturbing, please do not read my blog.

My TEN YEAR “story” may seem confusing since it covers my years of struggles with the Mayors of Aurora from 2012. That length of time cannot be shortened to simplify the story.

First… Do You Know Any Liars? This New Yorker article sums up how that works.

Torts – As Opposed To Tarts

A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. In the context of torts, “injury” describes the invasion of any legal right, whereas “harm” describes a loss or detriment in fact that an individual suffers. 1.

https://www.law.cornell.edu/wex/tort

So, Aurora, in the form of its Mayors, Directors, Managers and Councillors, can be sued for Misfeasance In Public Office.

The “acts” and “omissions” which gave rise to my injuries are “civil wrongs” and the court can impose liability on them.

I am writing a new page entitled “Misfeasance In Public Office” so that I can fully detail every aspect of the tort I have to prove.

Disclaimer – Liability (Lie-ability?) Insurance Does Not Cover Criminal Acts

Note to FUTURE Defendants In My Suit: If you feel like “piling on”, suing me…Your RESIDENTIAL liability insurance policy EXCLUDES any judgement where a criminal act is proven. COMMERCIAL too!

If you KNOW (or did not know) you broke a law getting YRP to arrest me… then you paid for, but you have NO ACTUAL LIABILITY insurance.

SO, your BEST bet now is to beg your lawyer to settle.

If you can get him to settle BEFORE I prove your guilt, we are both happy. When we go to trial, you will personally pay every last penny ordered. I plan to arrange for lawyer Gwendolyn Adrian to train me on garnishing bank accounts.

Lying to get me investigated OR arrested is the criminal act of (s. 140(1)) Public Mischief. Lying that you did not arrest me just because I sued YOU for slander is Public Mischief. If a cop asks “Is your arrest complaint against Bob Lepp today the result of any legal action taken by Lepp?”.. and you say NO, but it WAS just that, a result of me suing her in Small Claims for slander… that’s Public Mischief. And, for the record, I KNOW this question was asked and I KNOW the lady’s answer because police gave me EVERY interview of every complainant.

And when on May 25 I finally served my suit, Ms Clarke recorded on her own phone what she intended to do. She had, since May 12, my first attempt at personal service, taken time to hire a paralegal to advise her. By May 25, the two established their defence plan:

  • File a Counter claim “just for costs”, and
  • Arrest me for emailing a Canine Commons issue.
  • Entrap me during Small Claims settlement negotiations for extortion and witness tampering
Helen clearly states she will “Sue you (me) for a LOT more than THAT!”

And, YRP themselves also have the potential loss of liability insurance when I prove witness tampering, entrapment, using a PERSONAL Twitter account @sargerarp to receive PRIVILEGED emails he encouraged Jaclyn to send.

Exactly how can a detective convince a paralegal, one licensed by the Law Society of Ontario, to spend MONTHS pretending to negotiate settlement of a measly $5,000 Small Claim in the hopes she can entrap me saying something stupid. THEN, how can he provide disclosure which did NOT include the Tweets?… when that is how he received them…

Jaclyn pre-meditated this crime. She had the legal choice of how to defend Helen and she instead chose to go deep under cover and attempt to entrap me. She Tweeted my emails in real time to Det. Ward. He arrested me August 23, 2018, accusing me of EXTORTION, and he failed to declare the Tweets, as did Jaclyn. She declared she has not one single document, including the Plaintiff’s Claim she wrote for Helen. In defending Helen from my $5,000 slander claim, she broke the law instead of simply saying YES when I offered to drop the suit if Helen apologized. The law prohibits me from telling the court I made offers to settle for free before settlement or a final decision is rendered. When she refused that offer as too onerous on her client, I offered to drop the suit WITHOUT any apology, instead asking only that Helen write out and sign one simple sentence:”My name is Helen Clarke.” Jaclyn refused that as well.

Regrettably, she did not catch on that I had lowered my demands to zero demands because her emails to me were obviously encouraging conversation of extortion. In her defence of my suit, she cited EVERY ONE of my criminal charges to that date. Described them in detail. Then, every time I mentioned them, she whined “Do not speak to me about your criminal history, I am NOT litigating anything about your criminal acts.” I would then say… “Well, YOU brought them up, why did you use them as a defence when now you do not want to talk about them?”.

I think it was Jaclyn and Jeff who developed the idea to try to entrap me. She wanted to impress Jeff Brown who CALLED HER to come in and be interviewed her on July 10, 2018. I was not charged until August 23, 6 WEEKS later. Officer Brown then gave her 6 weeks to entrap me. And in every email from her she telegraphed “ENTRAPMENT IN PROGRESS”.

Jaclyn describes how she sued me back “just for costs”. Every lawyer so far has sought to eliminate costs from ALL the women involved. At the same time they emptied my bank account. In Small Claims, no one even discusses costs until a decision is rendered. Her suit was pure BS and the Justice told her that.

She tells Brown that she was waiting for some special form containing an offer to settle. This video should be shown to every last one of HER paralegal students on what NOT to do when negotiating. Refusing every offer of zero dollars and no apology made no sense except that she was extending the time for more attempts at entrapment.

You must hear her tell Brown that I followed her into an elevator at court. That she could FEEL me behind her standing waiting for the elevator. Jock and I were 75 feet away. And that I commented on her unique style of dress. And she stated I wanted her to publish Helen’s apology. Actually, she could not even figure out that slander in Helen’s May 10, 2018 broadcast email was the reason for the suit. She repeatedly insisted to Brown I had “no cause of action.” Then, she carefully explained to him that I was a time traveller and I only sued on May 11, 2018 because I went ahead to May 30, 2018 and saw Helen arrest ME.

She did not even bring Brown my law suit she is complaining about, She cannot even state the date of my claim. She lied to make it seem I sued AFTER being arrested. She is asked what date the “UNWANTED” emails arrived. She actually convinces him I am not allowed to negotiate when that is a requirement in Small Claims.

She claims she gave “thumb drives” of my emails to Det. Ward…. she used TWITTER to his personal handle. Complains I copied her web photos and “left them out there”, when she has several OTHER businesses herself, all showing her photos.

She told police that I sued Helen for no reason except to speak to her when I was under orders not to speak to her. She tells brown “He blogged that he could not speak to Helen anymore so he HAD to sue her.” What I said was that when Helen slandered me I could not risk an in person meeting with her to ask for an apology, she had already yelled and screed at me as she gathered up her dogs. So, a court room is a nice safe place for us to chat and sort it all out.

Besides, in the law, you MUST take action quickly or you are agreeignwothwhatever she made uo about me.

Jaclyn: “I haven’t seen the criminal matter”… despite describing them in detail in her defence of my claim. She complains I will be in criminal court while she is there, as if she has some special rights I do not have. She wanted a cop for protection while she practised. Said I stood behind her in a court room and “stared her down”.

I paid MY paralegal to make her the same offer she had refused in writing, and Jaclyn again refused to settle. Jaclyn then called MY CRIMINAL LAWYER, Robbie Tsang, she complained that I was emailing her, and claimed I said Robbie was my $450/hour lawyer in Small Claims. She had no right to ask Robbie about MY matters. Robbie then dropped me as a client because of her games.

Brown asked her “How does he make you feel?” and she stated “He is trying to intimidate me.”… by offering to settle for $0.00?

Today, Helen’s lawyer would likely also refuse to settle for zero dollars as she would be snitching on Jaclyn, Aurora and YRP. How unlucky would it be for a women to have EVERY lawyer representing her REFUSING to settle for $0.00. She is likely still in this suit because her lawyer, and the other 3, want to support Aurora. And she will never understand it may well be her own lawyer one day leaving her exposed to Public Mischief charges.

Testifying DIFFERENTLY in any two courts is s. 130Perjury. So if you were ever to make the mistake of testifying or swearing out an affidavit more than once, in:

  • Small Claims defending my suit, then
  • Small Claims when you sued ME, then
  • Criminal Court when you had me found guilty, and THEN
  • Civil Court in my suit… you BETTER KNOW for sure that you have told the exact same story 4 times. If not, that is the crime of perjury. And I need not prove which of the 4 statements is right or wrong, I just have to show them transcripts where you tell different stories.

Then, whatever the jury awards me comes from YOUR pockets, not your insurance. They do not pay their insured to break the law.

Aurora – if any of your staff broke a law arresting me, you ALSO have NO INSURANCE

I know some staff did call police with false reasons, for example, HR Manager Sandra McKenzie. The information she had was oral and false, so when she passed it along, she broke the law. After that, ANY staff member could have broken a law as well, but we only need to prove one Public Mischief and Aurora loses its insurance.

Lloyd’s of London will insist this suit go to trial, because they CANNOT lose

This raises an interesting possibility. The lawyers, and BTW they are all PAID by the insurers, they are going to make sure the insurance company pays the least amount possible. Lloyd’s of London did not hire Mr. Painter with the idea of minimizing the cost of this mess to the Town of Aurora.

So, Lloyd’s already knows the kind of claims I have made, they attended Small Claims Court WAY BACK, and they heard it all. If Lloyd’s ALSO insures York Region, then they have all the police reports already. They know that to do.

They will let my suit go straight to trial, because it cannot work out bad for them.

If I FAIL in my suit, they have nothing to pay out.

And if I SUCCEED, I will have proven the crimes of perjury and Public Mischief and Lloyd’s AGAIN has nothing to pay out.

Important Date Today (Feb 1, 2023) In Memphis, TN…laying to rest another “Murder By Cop”:

Tyre Nichols is being laid to rest today.

For those who think I hate police and lawyers, consider that if one of the five black cops who murdered Tyre Nichols had simply fallen on a curb and died from a fractured skull, York Regional would have put two officers or more on a flight to Graceland for the honour parade. But, no one will EVER be sent to honour a Tyre Nichols.

Police exhibit blood lust all the time. You have watched the film. 4 officers have beaten Tyre down, and a fifth arrives with his leg already outstretched and kicks Tyre in the head. The Thin Blue Line, ALWAYS jump in full force and helps their buddies. Feet first, brains later… maybe, well not likely.

So, when YRP Officer Jeff Brown FAILED to make my first arrest stick, Det. James Ward and Det. John Loughry stuck their figurative legs out and jumped into the fray aimed for my head. How dare I convince the court Brown’s arrest was false?, and how dare I sue for it?

When lawyer Charles Painter FAILED to make his argument stick that I was being vexatious without EVER being in a court room trial, all the other lawyers, maybe “The Thick Blue Line”?, leaped in without a second thought. York’s Barry Stork, Helen Clarke’s Jaclyn Solomon and of course Aurora’s Painter went on their own to police WITHOUT contacting their clients, and all lawyers testified I broke a law inside a court room before RSJ Edwards WEEKS AGO. The three made up 4 different stories, completely different, and they signed them and they’d me arrested.

If they now claim that they certainly DID consult their clients, then that proves my lawsuit. If ALL 3 York entities, AND all of Aurora’s insured staff and council, AND Helen Clarke AND Jaclyn Solomon ALL decided that to arrest me was the best decision for their clients, they are all guilty of misfeasance in public office. NO jury will believe that 3 lawyers acted ONLY in the best interests of their clients BECAUSE their actions PROVED my claim. It took all 7 of them to keep me shut up.

The truth is that they claimed they all “forgot” it had even happened, and so when Det. Sgt Bentham called them together on March 2, 2020, to arrest me “one more time” for recording her testimony February 27, the best they could do was say “Hey, back in February, I meant to complain to police that Lepp spoke to Jaclyn inside RSJ Edwards’ court room.”

His honour had just convicted me of contempt. I stood up to leave and I was arrested.

With the previous 4 years of my life being marked by constant scrutiny by cops past and present, they wanted the court to believe that they just forgot I broke the law in February until they were asked to think up a NEW arrest excuse on March 4, 2020.

Now, tell me again if my disgust at police and lawyers in my 5 years of arrests and courts is undeserved. When lawyers feel they OWE police more support than their own clients, that is the day we should shut off the lights.

I filed suit December 18, 2018, one month AFTER Aurora sued me for $950,000 November 18, 2018. I had been arrested just 4 times on that date. 3 more were to come.

Despite Suing York Regional Police December 18, 2018… they arrested me THREE MORE TIMES. This was a gutsy move. It tells the courts YRP was very confident they got it right for a change.

After suing them, and I assume they would have advised James and Jeff and John that I sued them…. the police arrested me 3 MORE times when they KNEW their actions were under a bit of scrutiny by me. That is confidence I can only admire.

Not ONE of those 3 bonus arrests saw the inside of a court room. Well, that’s a lie, one did, J. Rose declared “guilty” and the Court of Appeal, with me self represented, said NOPE, no “mens rea” was proven. So I correct myself, not ONE of those 3 arrests DESERVED to see a court, because mens rea is a mandatory element to be proven in EVERY criminal charge. They must prove I KNEW I would break a law and I went ahead anyway.

The Crown must prove there was an action or omission (known as the “actus reus“) and that there was a simultaneous criminal intent (known as the “mens rea“) within particular circumstance.[4]

http://criminalnotebook.ca/index.php/Actus_Reus_and_Mens_Rea

With all the resources of street cops and ALL the resources of Barry Stork watching, they STILL had no person remembering to prove mens rea… because there was no guilty mind.

As you read on, remember my words come only after being arrested 7 times from July 14, 2017 to March 4, 2020, and then the lawyers took the ball deeper, and have extracted more than my total personal “wealth” from me by persuading courts their clients did nothing wrong.

In March 2020, if the police after 7 arrests could not think of anything else to charge me with and they had to go to THREE lawyers, THREE defence lawyers in my own suit… what good are the police? They believed 3 lawyers who claimed that WEEKS earlier, IN an active court room, I allegedly spoke to one of them.

Please remember that. They had me arrested alleging I congratulated one of them, Jaclyn, for not being afraid of me anymore. I DID say that to Barry, but Barry declined to agree, instead saying he somehow “saw” me speak, but he did not hear what I said. Is that even possible? “Officer, I know I’m a lawyer carrying a white stick, but, I just KNOW Lepp was wearing a blue shirt.”

I do not know how to prove it. but I guarantee I am the ONLY plaintiff in a lawsuit where 7 of 7 defendants ordered their lawyers to arrest me because they KNEW they were about to lose. Lawyers are required to act in the BEST interests of their clients. So, when they arrested me, the 7 defendants were saying it was in THEIR best interests to arrest me. That is sad.

Management Summary

I discovered lawbreaking, coverups, lost money and incompetence as I advocated for a new dog park. To silence me, Aurora used various staff and associates as proxies to go to police and pretend to arrest me as if they were all just”plain old citizens” and not employees. They concealed the facts for who put them up to the public mischief. I sued all of them and the jury trial is set for November 2023. They were assisted by the Crown Prosecutor, Greg Elder and his boss David Moull who perpetuated Bail Terms they were told were illegal by the Senior Regional Justice and by J. Dawe on Superior Court. Both Crowns DEFIED 2 court orders given in my presence. YRP needed the Crown to take up EVERY arrest they made. So the Crown agreed to do so even if the evidence they are required to have was non existent.

In Ontario, an arrest and charges can be sworn WITHOUT having ANY of the physical evidence in hand.

Laugh at Quebec all you wish, BUT, in Quebec police are REQUIRED to show the Crown the evidence BEFORE the arrest.

I think many people see jury duty in this manner

And that suit has done more to prove the collusion than any paper documents… because, even in my very large lawsuit, all 4 lawyers are still working as a team because the arrests continued after I sued.

Both police and lawyers were so enraged by my success in court that their tribal instincts faltered and they pulled a Floyd on me, a Tyre even, they beat the crap out of me.

Aurora’s lawyer is the leader and others rarely even reply to me. They are in lock step. I am guessing that I can now offer to drop any one of the 7 defendants and each would refuse. Joined at the hip. They tell me outright they are in it to support Aurora and they seemingly can’t be tempted to settle.

Together, Det. Ward and Aurora’s lawyer Painter, they accused me of 26 crimes. And each one came with a muzzle provided by Crown Greg Elder. He is the contact for Aurora’s lawyers, Charles Painter, through Det. JAMES WARD of York Regional Police. Whatever Charles requested, ANYTHING, it gets done. The two consulted in the court hallways as I and my paralegal and friends watched, fascinated… why would Aurora’s lawyer be chatting frequently in the court halls with Det. Ward who arrested me? Why would the two have even MET, let alone be chit chatting in court? Sure, I sued both Aurora and York Regional Police, but I thought lawyers dealt with upper management, not street cops.

Aurora needs my mouth to stay closed, and Greg Elder did that for Painter. He defied two Superior Court Justices who told him to stop, to just stop placing me under illegal bail terms. Elder defied two direct orders and still has a job, so that means HIS boss, David Moull is also knowingly defying the justices. But it’s difficult to sue the Crown. I’ll take that on after Aurora.

What did I do to piss off Aurora Mayors Dawe and Mrakas?

My contributions to Aurora taxpayers are real and valuable, and so:

Q.: Why was I arrested 7 times by the Town of Aurora?
A.: To shut me up blogging about all the lost money.

My accomplishments for Aurorans:

  • $80,000 committed to gutting and rebuilding 12 year old Canine Commons Off Leash dog park. They refuse to comply with the Disability Act and let wheelchairs in, but that’s why I sued, they had the choice and they chose wrong, to harm me. I got that spent. Not Helen. Helen Clarke begged annually in writing for 7 years, got $0.00 every time, and I had it done in 8 weeks. 8 weeks of embarrassing revelations in my blog. Allan Downey refused EVERY annual request for the smallest upgrades, just ask Helen as I did, and I have her email reply… she asked each year and never got a thing. Since Allan knew I would be on him every year for annual updates using $350,000 in pet tag sales, he wanted me gone, so he had me arrested.
  • Exposing the original Sports Dome scam contract, available below, which details how Allan Downey paid its education taxes, its utility bills, built it a drainage pool, bought its air conditioners, and on and on. People thought Terry Redvers did all that, when all he did was take the profits from all the sports teams rentals. Allan paid all the big bills. By a contract term, after 20 years, Aurora OWNED the business, but in the 21st year Allan again PAID Redvers for a business Aurora already owned. Aurora REFUSED my FOI for a copy of the purchase.
  • Exposing Bylaws department ONGOING, UNABATED shortfalls of $350,000 annually which came from a conscious decision of Council and the Mayor to NOT enforce a one time canvas to assure 100% computerized annual compliance FOREVER. Aurora mayor Dawe BOUGHT a Docupet sales app online, one which was never mentioned in any Council report. Dawe PAID Docupet a monthly fee to sell the tags, AND he also paid a portion of every tag sale to Docupet. Neither Aurora NOR Docupet will release annual sales figures of any town (my town now gets less than 40% yet every year hundreds of those dogs die and are not replaced I guess.) SALES DROP annually when Docupet takes over and bureaucrats drop tag sales from their radar. Mayors Dawe and Mrakas foolishly believe they curry favour with voters by NOT enforcing the pet tag bylaw. ⅔ of all Aurora homes have at least ONE cat and ONE dog, so 2 of 3 voters would be “pissed” to have t0 fork out $10 or $30 for a tag, say the Mayors. Yet, ONLY those 2 of 3 homes NEED animal control, for THEIR ANIMALS, and so ALL taxpayers have to fork over $500,000 or more (Aurora won’t tell me) for Bylaw Officers, caged trucks, a shared kennel up north…. pet owners should be paying that, $20 a year each, not old ladies living alone in their homes. And the excess buys an additional new dog park every year.
  • Alerting Aurora to an extreme safety exposure at Catholic schools whose staff in Rome and the Aurora principals decided to let parents park cars daily in (Ontario mandated) School Safety Zones at the curb directly in front of the school’s front door so their precious kids don’t have to walk anywhere. Aurora responded by removing the no parking signs. I exposed the obvious folly to York Regional Transit and the press. As recognition of my good work there, “See something? SAY something” is their motto after all… Aurora and York Region both lied to police and had me arrested 7 times, and on the same day they blocked ALL my emails to ANY YORK REGION DEPARTMENT, and to Councillors at Aurora.
  • Bylaws neglect – beginning way back in 2012, I presented obvious bylaws violations by my neighbour (several bright blue garbage cans STORED at the front garage door and an abandoned, unplated van at One Mendy’s Lane) to Mayor Dawe. He hated my attitude of frustration and disgust, and he hated my opinion of my neighbour, I have the recording, so he told everyone to NEVER do anything I ask for. IN writing and at council on Youtube.
  • And, since 2012, when I had 2 more occasions where minor Bylaws support was requested, and I got no support at all. In fact, they officially charged that trashy neighbour across the street, and named me “Complainant” so I would have to appear in court AGAINST a person I see every day… when it is BYLAWS OFFICERS we pay to be the complainers. Whose idea was that? Pit taxpayer against taxpayer in court? I refused. My next door uphill neighbour let his 35 year old wood retaining wall collapse into my yard and Bylaws decided they had no jurisdiction, yet the SAME people took Denis Van Decker and Anne Marie Finn to court 22 times over 4 years because he had a sticky gate latch in his pool fence. Mayor Dawe hated Denis as well, since we share similar attitudes about incompetence. So, Mayor Dawe and CAO Nadorozny ordered York Regional Police to send 2 officers to Town Hall on open mic night, told them Anne Marie and Denis had previously caused physical issues and the 2 cops REFUSED to let Denis pass into the Council Chamber to present on how Bylaws abused him and his wife for 4 years and he had won… but Aurora refiled all of the IDENTICAL sticky latch materials and another court trial. Sorry to ramble, but a Mayor using police to BLOCK speakers from getting INTO the Council Chamber is disgusting. Yes, I have the police report and hand written officer notes of Aurora telling them to block access to both of them. Denis Van Decker was once a volunteer on the Aurora Board of Adjustment. This was how they paid back volunteers. Unless she is professional dog walker and then she gets a free park. Denis spoke at Council open mic, about Bylaws abuses of entry to properties. Then when Aurora called the cops to block access to the Council chamber, he created a Facebook page.
  • Joint Operations Center budget abuses, lack of land erosion mitigation required by the land permits for the LSRCA. Despite being over budget, Allan Downey’s Works yard had not paved the parking lot or storage yard, had not completed drainage into (or NOT into) the Holland River. And how did it get built below the “Hurricane Hazel high water mark” is beyond me. Any decent flood will erode away the reclaimed land under the JOC… they did not mitigate erosion at all.
  • Ground contamination at Downey’s previous works yard and the Collis Tannery CANNOT be cleaned up despite millions spent, some of which went to a company where Allan’s brother worked. Mayor Mrakas is allowing CHILDREN to live next to the contaminated Collis site creek and lands. And the other abandoned tannery at 15085 Yonge Street became a park for children as well.
  • Spite fences were legal in Aurora. They are NOT now. But, a friend of Mayor Mrakas, mother of Robert Cleeve, the jeweller got approval to build one TOO TALL even, and right on the neighbours property where 6 12 inch post holes of soil were removed and replaced by concrete without any prior mandatory registered letter to the aggrieved neighbour. The builder was sued, she lost after telling the truth ONLY at trial, and she paid $34,000 to Marnee Buckles. Marnee was forced by embarrassment to move out of Aurora when Mayor Dawe and Director Techa Van Leeuwen refused ON VIDEO AT COUNCIL, to ALL help. The top two executives colluded to pretend they could not issue a cease and desist order. The fence is an eyesore and a safety hazard and caused deterioration of the home because it blocks ALL maintenance. I got that suit done successfully but I also got sued by Cleve’s mother. I am writing up a suit of perjury. She swore to and signed a $80,000 suit against me stating she built 100% on her own land only. Then she also SWORE an answer to her own lawyer IN COURT stating she knew all along she built in trespass. That is the legal definition of perjury, making two different sworn statements to two different courts. No proof is required excepting the two sworn statements. NO argument is required. That perjury cost me a LOT of money and 3 weeks in prison. I will get it back. The contingency lawyer also perjured herself since she KNEW what Cleeve’s mom really did and she still litigated a known false law suit claim.
  • CAO Doug Nadorozny was lauded during his hiring by Mayor Dawe as the “best CAO candidate in Canada”. Doug had just been fired by Sudbury and paid $379,000 to peacefully just go away and so one wonders how AWFUL the rest of Canada’s CAO’s are. When the Aurora audit skewered Administration of the JOC build, he got a 14% raise for his good works. Is it not odd that Aurora KNEW it had blown its brains out on the massive over budget JOC and they hired a slightly used CAO? Just because he would approve ANYTHING to keep his job?
  • Aurora’s hiring practices in general... they seem to NOT get the best candidates when some openings get a parachuted candidate from a staff person. Doug got hired and lauded as the BEST, and I am guessing not too many interviews happened with worse candidates. It is obvious NO ONE DID BACKGROUND OR POLICE CHECKS on new hires, even for very sensitive jobs like CAO. While you could argue that ALL the good jobs EVERYWHERE go to those “with an inside contact”, for the size and budget of Aurora, to get caught doing that multiple times with proven bad results is suspicious.

I found a lot of wasted money, but was it worth 7 arrests for me? No.

450 MORE People Exposed in just 3 days to the truth! Thank you, Lisa Queen!

Thank You, Lisa Queen, intrepid reporter of all things done by Aurora Town Hall, for sending me 450 NEW viewers in just a few days. I could not have done that on my own,

What Aurora has done to me has been quite costly, as these 450 people found out. That is good for my suit of Aurora and York Region.The more people who understand that Aurora chose, yes CHOSE, to NOT sell 14,000 pet tags from 2015 to today…. 8 years and each year they left behind $350,000 minimum by refusing to do their job described in their own bylaws. $2.8 Million lost.

2 more readers of the Banner chose to go to my Google business profile and rate me with one star, but both failed ANY words of explanation. I guess that I was in honour of Daria Morgendorffer whose review got me arrested. Two people with enough smarts to read the article thought in the end that Aurora was right to arrest me 7 times.

Remember, on ANY issue yo can make up… people will split close to 50:50 and express both delight and outrage at whatever you said. American 2 party politics is human nature, people love to take sides with the biggest bully of the day. The other half rarely “take up arms” against the bully lovers. I did and it has been exceedingly expensive.

And today, 450 people will know that Clerk Mike De Rond created and delivered a letter to Ontario Finance Minister saying the old Aurora Sports Dome was run JUST for the (financial and operational) benefit of taxpayers. That was a lie. It was run exclusively by and FOR the Redvers family who saved $50,000 every year since they set it up in a 20 year contract. So, Terry Redvers got $1,000,000 MORE than if he set up tent in Newmarket or Richmond Hill.

Think about that… the original contract had Aurora paying $50,000 annual education taxes for the Sports Dome. Since 2005. That is a LOT of wasted tax dollars, maybe $750,000? Off YOUR taxes.

Breaking my routine today with another “tirade of old”, HUNDREDS of extra people just saw my name in print again, and HUNDREDS of them came HERE to get the truth.

Email me at boblepp@gmail.com for any lie you saw the Banner refer to… I will send you the hard copy evidence proving the lie. Pick one or pick ten, I will reply here as often as not. Or I will send you back an email. Or to your dog, I don’t care who you are, you get the truth in the mailbox.

I mean ANY alleged lie you may have heard. About Aurora, the law, staff, money, truth. and I will send you the source documents. I suggest right now that none of you will do this so you too can retain “plausible deniability”. You always want to say “I had no IDEA Aurora lied to the Ontario Finance Minister. Someone should have told me!”

If you want the four stories for how 3 people, Aurora and York and Helen’s lawyers arrested me falsely March 4, 2020 just ask. When I get a minute I will post the Disclosure data, the affidavit each lawyer swore to that I broke the law.

I’m sorry, but I found this article to be so typical of lawyers protecting the turf they staked out in Ye Olde England… lawyers scared off a company trying to help self represented folks like me take on the every day in-court abuses only lawyers can dish out. They threatened arrest if he even tried it once.

Free promotion is the very best kind. No one needs to hire an expensive person knowing less than you do to promote you with your fabricated stories. Just live your life, and you will promote yourself in the best way possible…. by your acts. History tells us that.

Believe HALF of what you see, and none of what you hear in newspapers, and you will do well in life.

Bob Lepp, January 25, 2023

You’re an intelligent person and you read the news. You would agree that just one particular person today in this world stands out to me in stark, even DARK terms against people like me. One whining, snivelling, self absorbed scuzz bucket who elevated their insignificant personal issues to mountainous heights. One person you cannot ever trust again. Because even their name is lie. If a person can’t tell the truth about their OWN name, what hope is there for that person? If you did so much WRONG in your own name that you have to hide it all, well, there is nothing more you need to know about this person in your life.

“This” is Senator George Santos. He embodies the worst traits in all those people who feel they must embellish, hide, or obscure their past. He has taken the art to lofty heights.
as many people do, he has attempted to erase his past because he really was scamming people. Whatever he tried failed. He figured a change of name would hide his past from his friends even.

But the Internet rarely forgets, so his past is there for all of us to laugh at. And this happens to every person who lies about their legal name.

George was a volleyball star stock broker cross dresser and his mother survived the twin towers on 9/11. He is living proof that a drag queen CAN fool all the people for a very long time, but then he/she/they will get caught by their own recordings, photos, first hand anecdotes, press, magazines, TV, web radio, podcasts… his roommate never knew the name George Santos existed. That is the name Anthony Devolder assumed before it became tainted by reality. He simply switched names to try to hide his past from the Google. People do it all the time.

So, did you think Karla Homolka is living among us with that name?

No, she is now Leanne Teale.

Not Leeane Goyeau from Erin.

So don’t search on “George Santos” to find out what evil Anthony Devolder committed. Google BOTH names and compare what you find. Always do that, get both sides, and THEN sit down and think. Just think. Which version of their dual reality do you subscribe to?

Many Republicans are abandoning him, correctly, because, once the truth came, out everyone saw him for what he is. A person incapable of telling the truth even inside a hallowed building because lies have always brought him good things. Success. Votes. Bullshit buys votes, we know that, even if the voting happens on a magazine web page or the pages of the Aurora Banner. And when he is discarded, he will simply re-invent himself, he will rip apart his poorly made quilt of shame and re-arrange the squares and start over by dropping squares of people who do watch the news.

If the Banner wanted my comments in their pages, they would have published them. They chose to NOT publish my comments, and if I were to comment now, they would delete them anyway.

Even so, this was a very long winded way of shouting…”Thanks!” to the Aurora Banner today. At least now everyone knows the battle is not over. The lack of completion is stated right there in print, even quoting me!

Sure, the article was somewhat negative about me, but this time, Lisa Queen asked me ahead of time for comments and even published one of them.

I had to sue Torstar to get that concession.

Think about that… Up until I sued them, they would just reprint any piece of paper someone gave them about me because they were convinced I am evil embodied. Now, they ask for comments. and I guess their lawyers said they better print SOMETHING I commented.

Being “NOT OVER” is certainly what my life is all about. In November 2023, a jury will hear arguments, not just a massive one sided document dump by a contingency lawyer as often happens.

I gave Lisa lots of different comments so she could find one she did not absolutely think would make her article less vicious. And “It ain’t over ’til it’s over” was the very best one they could have chosen. Judges make mistakes every day based on words from misleading lawyers and incompetent self represented people.

Every day.

The Court of Appeal exists ONLY because it is accepted that mistakes happen in courts every day. Lawyers make errors. Self reps make errors. Justices make the very odd error. Heck, I have even heard once that cops make mistakes in court.

Superior Court exists so that you can sue CIVILLY for misfeasance by a police force or town or official. Only police can get a person into Criminal Court by arresting them and convincing a Crown prosecutor with their mantra that “one day I will have hard copy proof of a crime, but for today, just let that detail slide and get him into the system where everyone makes money”. Crime rates are declining across Canada, and so, for self preservation, police have to bulk up the workload on the Crown so they don’t get laid off.

Cops today are so hard up for criminals, you can go in and lie to suggest arresting the Pope… and they would jump on it.

The joy in my life since 2016 is that everyone just kept digging Aurora and its staff in deeper, deeper, and even MORE deeper. Aurora has since 2012 refused me any support in my various bylaws struggles. They did not tell their lawyers that.

Garbage stored in a driveway I had to look at every time I backed out of my drive. Peeled paint, no paint, chipboard used outdoors to block a woodshed in the garage. Collapsed retaining wall eroding my land. Parking tickets for contractor waste skips. Aurora denied me any support at ALL, solely because of Geoffrey Dawe’s view of my personality. I stand up for myself in a world of snivelling losers hiding out behind VPN’s on the interweb.

Mayor Dawe, as documented in my 2012 audio iPhone recording (now in my Affidavit of Documents), came across the table at me with his pointy finger throbbing in town hall when I referred to my garbage canning, scrap wood hoarding neighbour as “trailer trash”. And so he gave the order that going forth, I was never to be helped by any staff. I have that it in writing from Doug Nadorozny, chosen as CAO by Mayor Dawe despite protests from the entire town of Sudbury, …to “ignore” my emails. Doug just followed orders and told staff to ignore me.

Doug made $208,000 in salary ONLY from Sudbury in 2009 and he cut a deal that if he was ever fired he would get 14 months pay. Then he WAS fired and collected $388,000 and he was hired by Geoffrey Dawe…

… for a mere $202,000. Why would a reputable man take a job at 90% of his salary in Sudbury? Because. The Sudbury press was quite vocal. And THEIR local blogger, anonymous of course, was less thrilled.

Wiki Leaks Sudbury pulled no punches, see https://wikileakssudbury.org/05-16-May.html

The city’s embattled, incompetent Human Resources Director – Kevin Fowke, has failed in his back door attempt to conquer the CAO office. Soon after former CAO Doug Nadorozny was fired and escorted out from the City hall, Fowke was appointed interim CAO. Controversially, Bob Johnston, from the Sudbury Airport Authority, was then selected as a preferred candidate for the job.

Wiki Leaks Sudbury at https://wikileakssudbury.org/05-16-May.html

So, tell me, if a man has a problem only Aurora can solve, and Aurora refuses to take action… does that man give up? That is certainly what Aurora is telling the person. And it usually works. A threat from Aurora is all it takes to scare off 99% of taxpayers finding graft and corruption. That was their legal choice to make. Tell all staff to just ignore the taxpayer.

Back to me, enough about him.

THIS encourages me to fight on:

Witness Giving Contradictory Evidence in Court:

This occurs when a witness gives contradictory evidence when he or she gives evidence at a judicial proceeding and then gives contradictory evidence at a judicial proceeding.

The Crown Attorney must prove that the person giving contradictory evidence intended to mislead the Court. However, the Crown Attorney does not need to prove which of the contradictory evidence is false.

https://www.torontodefencelawyers.com/crime-lie-police-andor-court/

“… the Crown Attorney does not need to prove which of the contradictory evidence is false.“.. this is so powerful. Helen and Jaclyn will have to repeat the Daria criminal court story at my civil trial. And they shall have to describe how it was they BOTH had Daria’s password and BOTH were receiving her emails at the very MINUTE I replied to her insults about me. They shall have to tell us how it was they were BOTH at a computer or phone AT THE SAME TIME and BOTH got the same email saying I had typed a reply. They each had 3 minutes to go back to my comments and screen capture them.

And, since BOTH women were described by Det. Ward as providing him with their screen captures they must stick to his story. Otherwise, Det. Ward is perjured. It is their choice.

I sued for collusion of all 7 entities, that they planned this and executed it as a team and here they go proving the strength of their team by executing one last play March 4, 2020.

So, of course, back in 2012 as Techa Van Leeuwen Bylaws Manager ignored me I sent another longer request in more and different words with more detail, more revelations each time. I dug deeper. The usually successful shunning process they began continues to this day, and they are still emboldened to tell me to shut up. That was their choice. But, that choice was wrong and it caused harm.

People do stuff to make themselves look better than they are all the time, every day.

So, Helen and Jaclyn are “super proxies” since they misled police on 6 of 7 arrests. Any others are amateurs, losers, unimaginative sloths who run off on their own. This tag team appeared in most of my arrests. Even the last one March 4, 2020 when just 5 days earlier, DS Bentham assured me there was NO investigation under way.

IF, and that is a BIG IF, if I have been lying, where did the people I outed go? Where is DS Heather Bentham after she arrested me falsely WHILE she was being sued for arresting me falsely?

How did Brad Dewar get HIS job?

Where is my nemesis, #1 complainer Sandra McKenzie now?

It’s like the volunteer fireman who lights his own fires to have something to do in his new chosen vocation. The cop who embellishes to add numbers to his arrest rate. After all, a cop who makes a mistake, not getting a court trial and a guilty decision, in 3 out of 4 arrests, has to do something to get a W.

Police lie every day, the research shows, because it is not illegal for them to lie to you in an investigation…

Can-The-Police-Lie-To-Me-The-Defence-Group

If you are under detention by the police investigation, except in very rare circumstances, anything that you have to say that will help you avoid a conviction will best be brought out at a later time, when you know what information the police has, and when that information can be presented in the most effective way, to the person who is most likely to pay proper attention to it: the prosecutor, not the police. The best defence in such a situation is simple: Shut Up!

https://www.defencegroup.ca/blog/can-the-police-lie-to-me/

I shut up in arrests 2 through 7, and they had nothing to quote me on, but in arrest …#1 babbled on and on. I got more from them than they got from me in the video, they told me in detail exactly how and WHY Aurora had arrested me, and of course the false charges never went anywhere once Justice Johnston heard the story from me a few weeks later. It took just 3 days for the Crown to drop charges.

And now, readers can see for themselves back to 2012/13 in the Banner (Search on “Lepp” top right at the 🔎) that The Town of Aurora has embraced the idea that citizens can and do react when SLAPP’d or falsely arrested 7 times.

Aurora’s Council-approved proxy back then was just ONE woman and not 5, Mayor Phyllis Morris on her own, tried to shut up critical vintage era bloggers Bill Hogg and Dick Johnson with a $6 million SLAPP suit, got CAUGHT, and the next blogger to have courage to reveal the obvious incompetence was me… so they had limited options… criminal arrests being their current weapon of choice.

So, if you want an image of how badly police handled me, just consider that in 2020, more than 16 months AFTER I sued York Region for incompetent police work failing to investigate before arresytn gem…. York Regional Police arrested me a 7th time with NO investigation… the very basis for my suit. I recorded DS Bentham misleading me February 27, I blogged the fact February 28, I had Saturday and Sunday March 1 and 2 off, and beginning only on MONDAY EVENING MARCH 3, 202o, they ALREADY had enough to arrest me on March 4.

And they did that KNOWING they were under suit for improper investigation, lying, misleading, harming, bad decisions by Aurora. It was Aurora and 2 of its own who put me in prison. And on March 4, 2020 they used the three lawyers AGAINST me to arrest me.

Excepting Allan Downey and Mike de Ronde, those I caught no longer work where they were when I was abused. Gone to greener pastures… and when I sued in Small Claims… Aurora’s lawyer said to go straight to Superior Court because “Aurora has bigger pockets”.

In fact, DS Bentham told me on March 3 that the next day I should bring my jammies for a 3 day visit to Lindsay prison. She had between Monday night and Tuesday morning to review her detective’s suggestion of which women to believe.

She and 3 lawyers in opposition in my suit put me through prison, loss of freedom, risk of COVID, hiring a defence counsel… then blinked just 2 weeks before trial, just to cost me more money.

That is a vicious thing to do, to refuse your lawyer’s advice to cool it on Lepp, and instead to boldly go and let 3 embarrassed LAWYERS testify to a crime in 4 different ways. See, I am winning in my suit. Oh, they have ALL my cash, of course, but NOTHING they have done has stopped me. The courts are backlogged in Newmarket, that’s all.

I beat them, Aurora and York and all the women on their vexatious motion and, on their appeal of my win, I beat them again.

Ms Bentham as she is known today, inexplicably retired in her 50’s.

Do I contend it was just because of her crazy moves in March 2020?

No, since July 14, 2017 she had put 36 different detectives on my tail. And that is hard to cover up in my 7,160 documents. Only Det. James Ward beat me at trial and then ONLY because in her desperation to keep free access to the town park, Helen changed her mind and stated she has no idea why or for what she signed three times with 5 of her friends.

Discovery

Today, I enumerated the 7,000+ documents I acquired since 2016 being provided to the Defendants. The rule in Superior Court is simple… if you fail to declare a document which you once possessed, and that document was bad for you, if it benefits me but not you… then YOU do not get to argue it at trial. If you had cared to argue it, you would have admitted you have a copy of your OWN documents. But if Aurora fails to declare the relevant document for managing the dog park, well, I get to talk about it and they don’t get to respond. The jury hears only my side and that Aurora’s lawyer DECIDED to be moot on the topic. He decided to “give” me that one….

Example: PKS-011-15, the Canine Commons volunteer contract, and the following renewals, now cannot be argued by Aurora. They removed them from their new web site at www.aurora.ca. They actively made them disappear from public view along with thousands of Council Meetings minutes and planning documents. These were 3 Legal contracts SIGNED by multiple people at the insistence of Jim Tree as you can read in the menu above. They were REQUIRED to come up with a list of Committee members. And that list did NOT change over the years as Helen testified to to Det. JAMES WARD, despite these committed members never being seen picking up poop or mending fences or cutting grass.

One defendant in my suit even swore she has NEVER even seen a document relevant to my suit of her client. Not one. Not one email was ever exchanged with me, she says. Not one Tweet. Not one counter claim she filed in the courts as a paralegal. How can she possibly argue that a counterclaim against me, a Small Claims suit in her name, that she WROTE… was never in her possession? That her counterclaim states her opinion that I sued Helen on May 11, 2018 solely because I could see the future. A paralegal claimed that when I sued May 11, 2018 that I ONLY sued because I jumped ahead 2 WEEKS in the Delorean to May 25, 2018 and I saw Helen at the cop shop swearing out charges for my arrest in 5 days on May 30. She claims I was so upset at knowing my future held a second arrest that I went back to May 11 and sued HER only out of revenge.

I could not make this stuff up. A licensee of the Law Society Ontario, trained in the law and sworn to be ethical, believes in time travel as a defence. Who would NOT prefer that “time travel” be a valid defence to a tort? “Your honour, I submit that when I teleported ahead 5 years, I could see how fat I had gotten and so I came back here and now to sue Molson for my obesity.”

Discovery, declaring every relevant document in your defence, is not a numbers game where you just dump in any old document hoping it becomes useful at trial. In my case I have police notebooks and texts and court transcripts from all 7 arrests, including the interviews by police. I have every email I ever sent. Every post I ever blogged. The claims people made about me are well documented, and, whatever your loyalties are… if the claim is proven false… then you lied to police to get me arrested.

Let’s say you tell cops that I have access to weapons and to people with weapons, and you know that, for a fact, from personal knowledge, that I was ready to use them… well, that is just a lie. You will get sued. If you claim I was involved in a criminal act, and yet you did not call police or even write down a single word about it, not even a date… well, any jury can see how that must fail. And say you also committed a crime USING police by misleading them, you will be sued. Aurora did that. Sandra McKenzie decided to start that, albeit with executive approval. She complained to police that my emails were so detailed that I should be arrested.

Aurora’s lawyer had me arrested twice on his own, with no help from a single member of Aurora staff having to lift a finger. He generated a lawsuit to generate more insurance cash for his law firm. An arrest consumes a lot of billable hours for a lawyer because they have to review their notes, and waste hours coordinating fine details with the other 2 lawyers so they get their stories straight. Aurora did that multiple times from 2017 onwards. Well, almost. They could not agree on what happened so the 3 of them told 4 stories, just to be safe.

York’s Barry Stork also testified I should be arrested. And of course Helen and Jaclyn both went multiple times with various stories just to get me investigated. Dead dog. Court room antics. Denying multiple contracts were signed by the indentical 5 or 6 people MULTIPLE times.That was proven in my trial.

They have all admitted to exactly what they had done. Daria Morgendorffer, a pseudonym used with abandon by these 2 women, became the external representation of their lies. Both Helen and Jaclyn provided Daria’s writings as proof of something they claim I did. In court, both women provided testimony which could ONLY have come from a person LOGGED IN with Daria’s password. And that shared admission is quite useful to me. Because, I have dozens of emails and abuse from the same profile, and from a second Daria profile linked to a web site hosted on the internet out of a substation in Loretto Ontario.

I sued for these lies from July 14, 2017 onwards, not for any particular prior physical act. I did not care what Aurora did to me before they arrested me.

Nothing prior to July 14, 2017 is at issue. Write that down Lisa Queen!

Lisa Queen insisted in an interview by email. I told her that I did NOT sue for any civil act of any Aurora staff at any time. That was history. I sued for Public Mischief and Misfeasance on Public Office.

This was the one time while my adventurous dog was alive that I agreed with the justice. $1 is not too much to pay to avoid a trial.

I have in past suits in Small Claims, offered to women in my suit they can settle for FREE just for telling the truth, and they refuse. In THIS suit, all counsel is paid by insurance, LIABILITY insurance, and they “only get paid when AURORA gets paid” or something says the radio ads. So, these lawyers would likely refuse to let their clients out of a $1,000,000 each suit for zero dollars because of Jack Nicholson. They assume I can’t HANDLE the truth.

And I sued because police did not ask me one question before ANY of the 7. Scooping me up without even trying to figure out if I had done anything was wrong, it is poor policing. I have never paid more than a dollar for any Provincial Offences ticket for parking or otherwise, and that is because the judges know so much more than cops. Judges know that for every 100 people arrested in York Region, that 75%, 3 in 4, are not guilty of ANYTHING.

This entire 6 year struggle is NOT something that could have happened if everyone was just honest with each other. Just luckily for me they all put their faces and dishonesty on video so the jury will know who they are.

For those of you who think ANYONE police arrest is a bad guy, just remember that they only get it right every 4th arrest. The other 3 people did not see a court room. Ontario is the worst offender in false arrests.

Back to my life story…. and some refreshing truths.

The Bare Bones – Why I sued Aurora for $7,000,000 December 18, 2018 for “Misfeasance In Public Office”…

Aurora Mayor Morris Found Guilty of Silencing Taxpayers (SLAPP) From 2012 to 2013

I was not Aurora’s first target. aka “Aurora made legal decisions, but they harmed me and the Aurora staff KNEW the harm which WOULD most certainly be done by 7 criminal arrests, and a CONCURRENT $950,000 lawsuit by Aurora.” They recklessly made the decisions to have me arrested 7 times even though the skills and education end experience of all these people gave them knowledge of how my life would most definitely be destroyed. They rolled the dice. I kept every last shred of every last document and photo.

Harmed: Financially. Income gone. Savings gone. Wife. House. Family. Dog. Freedom.

As an opinionated dog owner, I blogged various Aurora administrative and financial screwups. I was quite vocal, extremely vocal even… but NEVER physical nor did I even get close to people, and I simply emailed and blogged my opinions to the only people who could implement the ideas. I never approached people in person. Never. Example: Instead of simply implementing my suggestion to sell 100% of 14,000 pet tags instead of 15%, and pocketing $300,000 EXTRA every year… they did nothing because to actually DO something would be to admit I had a good opinion. So, instead of implementing something, they chose instead to use the courts to shut me up in my blog and emails. They, the Aurora HR Manager first, complained to police that I had emailed in just questions. Following Sandra McKenzie in complaining in person to police were Mayor Dawe, CAO Doug Nadorozny, and Legal Director Techa Van Leeuwen. Police arrested me 7 times on Aurora’s behalf from July 14, 2017 through March 4, 2020. 26 charges initiated by various Aurora staff and Aurora’s associates. 24 failed. 2 charges were successful because the witnesses misled the court. Most egregiously, Helen Clarke and Jaclyn Solomon testified, representing evidence of another 3rd person as their own from (pseudonym) Daria Morgendorffer, a sardonic teenager. Daria had many times emailed me, left comments on my blog and harassed my wife and I. He or she then posted a very rude, negative review on my business on Google Maps. Then, when I replied to it, Helen and Jaclyn apparently took or shared very similar screen captures of it and swore that they saw it with their own eyes as the word changed from the forbidden word “Helen” to the permissible “she” or “her”. That screen capture convicted me in a breach. “Helen” appeared in my Google Business Review reply for about 3 minutes where fate led to Helen and Jaclyn both capturing it in this few minutes.

June 12, 2019 – Trial

Crown Prosecutor MR. GREG ELDER to court: “Ms. Clarke retained Jaclyn Solomon who’s a paralegal. I expect that you’ll hear from her that communications with Mr. Lepp became harassing, and further, that a number of those communications constituted obstruction of justice in the sense of making threats against a witness if they were to testify.

July 12, 2019 Newmarket Court Transcript

The truth? I sued Helen for libel May 11, 2018 after she broadcast lies about me and about herself. I negotiated dropping her in exchange for telling the truth. She declined. I then sued her for $1,000,000 MORE, but again, I am guessing that she would refuse to be dropped for free, I assume she wishes to prove her innocence in my suit. That was a possibly very expensive decision, perhaps, for her insurer, Desjardins of Aurora. They appear to be on the hook for any losses. Or at least I can say they have yet to produce the mandatory liability insurance policy she purchased at the suggestion of Allan Downey every time (3) that she signed contracts.

Jaclyn’s “OBSTRUCTION” was not proven of course, nor were any by Helen, in charges of August 23, 2018. They had lied. I emailed to Jaclyn, and she took this as extortion… I said that IF Helen testified as planned, that she would be found guilty of Public Mischief. Helen/Jaclyn had sued me CONCURRENTLY with the arrest using the very same evidence. Small Claims counsel rarely see VEXATIOUS behaviour like that.

June 22, 2019 – Criminal Trial “Regina v. Lepp”

Det. James Ward was asked at trial June 22, 2019 :

THE COURT: Okay. Do you want to deal with that, Mr. Lepp?

ROBERT Lepp: The Google review?

THE COURT: Yes.

ROBERT LEPP: Happily.

ROBERT LEPP: Q. Who made you aware of a Google Business review? Who first, who first made you aware of that?

JAMES WARD A. I believe that was Jaclyn Solomon.

Q. Jaclvn Solomon. And the person who posted this review that I responded to, what was that person’s name?

JAMES WARD A Daria Morgendorffer.

Q. Okay. And you investigated how Google Business reviews work?

Or did you not?

JAMES WARD A. No.

Q. Okay. So Jaclvn Solomon. sends you a, a Google Business review and says this is a breach and you agreed and you arrested me? What words in that business review are you objecting to?

JAMES WARD A The name Helen.

Q. The single name Helen?

JAMES WARD A. Yes.

Q. Does my recognizance say I can’t mention the word Helen in any online media? Or does it not say Helen Clarke?

JAMES WARD A. It says Helen Clarke.

Q. Well, if I know a Helen Smith, you mean I can’t ever write Helen Smith in a blog?

JAMES WARD A. No. Your recognizance does not say that.

Q. It said I can’t mention Helen Clarke.

JAMES WARD A. Correct.

Q. Correct. And your testimony was that in the Google Business review that Ms. Solomon gave you for a time of three minutes was Helen., H-E-L-E-N.

JAMES WARD A. Correct.

Q. No Clarke?

JAMES WARD A. No.

Q. Okay.

ROBERT LEPP: Yes. I’m, I’m trying to move on, but he’s just – okay.

JAMES WARD A. I beg your pardon? I’m sorry…

ROBERT LEPP: Q. If you didn’t investigate…

JAMES WARD A..…Your Honour.

Q….Google Business review – I’m sorrv.

THE COURT: Did you want to say something.

JAMES WARD A. Sorry.

June 13, 2018 Testimony

Strangely, the justice had prior knowledge that a photo I took of Helen PARKED was actually taken with the engine running. I have no idea where he learned that.

THE COURT: “The note I have indicates the last evidence had to do with pictures of Ms. Clarke’s van. Mr. Lepp had posted one picture of her van in front of no parking signs at the dog park, and Ms. Clarke wasn’t parked, she was stopped loading dogs with the engine on, and it was simply a picture of the van. She was not included in the picture.”

Ms Clarke often complained I took her photo. She has NEVER seen one, mainly because I have NEVER taken a picture of a cancer survivor. I have ZERO photos of Helen.

If she was unloading it, why is there not a driver? or dogs? or open door? or exhaust?
Karma? Maybe “Vanma” as a satellite image captures Helen PARKED in Nor Parking Yellow Zone
July 13 and 22, 2019 Newmarket Court Transcript

Q. When did you first meet Mr.Lepp? 
CLARKE A. I can’t be for sure but it would be
2015/2016, in there somewhere.
Q. And how would you describe the nature of your relationship with Mr. Lepp between 2015 and early 2016?
CLARKE A.  Just an associate. Just somebody I would run across at the dog park once in a while walking his dogs. I met him there. (Actually I was a CLIENT of hers. We boarded our two dogs in her home.)
Q. And can you kind of characterize the tone of that relationship? Was it friendly, was it not friendly or otherwise?
CLARKE A. No, it was kind of more in passing. I’d say “Hello, good morning”, that kind of thing.

(and she would take my money)
Q. Okay. Now, why did you go to the dog park?.
CLARKE A.  I run a dog walking business and I used the dog park for my business.
Q. What’s the name of your business? 

CLARKE A Time4Paws.
Q. Can you just spell that all out,
CLARKE A.  T-I-M-E,the number 4, P-A-W-S.
Q. And does the dog park have a name? 

CLARKE A. It does, Canine Commons.

 I run a dog walking business and I used the dog park for my business.

Helen Clarke, sworn testimony, June 12, 2019

Q. Okay. Did you ever have any sort of role in terms of – in terms of the park itself?
CLARKE A So I’m the Lead Volunteer for the Canine Commons Committee.
Q. When did that start?
CLARKE A Honestly, I’m not – I don’t really know for sure. I know that there’s two agreements that were done. I think the first one was for two years and the second one was for five, and we’re in the second one of the five year one now

(in 2007 Downey announced he’d close the park if no one stepped up to replace all the volunteers who had quit in 2006 due to a complete lack of financial support from Downey. Helen had just started her company and without a park she was out of business. So she stepped up and had several friends sign the contract to appear like a committee. It was always only Helen. )

Court June 12, 2019
I first emailed her November 18, 2016, Aurora ignored her maintenance requests since 2007.
THE TOWN REALLY DOESN’T CARE

CLARKE A: So I’m the Lead Volunteer for the Canine Commons Committee.
I know that there’s two agreements that were
done.
I think the first one was for two years and the second one was for five, and we’re in the second one of the five year one now
(She is the ONLY ACTIVE VOLUNTEER)

Sworn in court, but in her May 10, 2018 e-mail to all of Aurora…
This is the libellous, slanderous email she broadcast all over Aurora.

Q. Can you give an estimate of how many E-mails between the start of November 2016 to Christmas of

2016 you would have received?
CLARKE A: Uhm, honestly I can’t give an estimate. I know you have them all but it was well over 20.
Q. Okay. At that time, before Christmas, how did you feel about these communications?

June 12, 2018 trial

Q. Okay. Did Mr. Lepp, at that time when you initially met with him, have any official role with the

dog park?

CLARKE A: No.

(Nor did anyone other than Helen. We volunteered and ran the park in her absence, but we had no OFFICIAL ROLE as Helen did not know to sign us up. She wanted no interference.

Q. Okay. Did he ever start communicating with you about the dog park?

CLARKE A Yes.
Q. And when was that roughly?
CLARKE A So when I was diagnosed with cancer and I had undergone my surgery, Mr. Lepp approached me and asked me if it would be all right for him to contact the town on my behalf to see if he could get the dog park mowed because I was mowing the park.

(NO. In her absence, several of us met one day, and we came up with a plan to keep running the park I took on maintenance. Others picked up poop. Some ran her business for her. )

Q. Okay. When were you diagnosed with cancer?

CLARKE A Uhm , May 2016.

Q. And following that when did he start communicating with regard to the dog park and asking to speak on your behalf?
CLARKE A Uhm,so he had sent an E-mail but I didn’t – I wasn’t copied on that E-mail. He had sent an E-Mail asking them to mow the lawn, and they did. They came in and mowed the lawn, and then he asked if – we started talking about whether we could get some other upgrades and stuff done, so then he got involved then, but I don’t know specifically what date, but some time late November of that year, early December. That’s when he started with the E-mails to the town.

(We agreed NOT to bother her. We just did the work. I assumed Aurora maintained the “grass”. So I emailed a name off the web site. It was Downey assistant. She passed the request to Sara Tienkamp who ignored it. I followed up days later and the assistant got her to reply. She is now Parks Manager.

Q. Okay. So you said that late November, early December he was e-mailing the town. How do you know he was e-mailing the town?

CLARKE A Because I was copied on everything.
Q. Okay.
CLARKE A Well, I was copied on-I don’t know if it was everything but I was copied.
Q. Okay. What was your E-mail address at the time?

CLARKE A I have two, helen@time4paws.ca and ha.clarke@gmail.com.

Q. Okay. Now, I appreciate this maybe getting a little bit personal but it is relevant. What

type of cancer were you diagnosed with?

(SNIP out rude questions to play up the “C card”)…

Q. Okay. At that time, before Christmas, how did you feel about these communications?

CLARKE A I had enough. I was – I was like “Please, don’t mention my name in it anymore, please stop”. My husband had asked him to please stop mentioning my name and please just, you know, not include me in any of it. Another friend of mine was concerned about my health as well and spoke to Bob on my behalf not to continue to communicate with me and to stop e-mailing me.

(That December she met with Downey who told her she would get nothing if she kept taking help from me. Downey wanted me gone and likely suggested she was operating the business illegally. )

Q. Okay. Do you know at what point you told Mr. Lepp to stop e-mailing you? Can you give us, for example, a date?

CLARKE A I’d have to go back in my notes and back into E-mails. Like I know that it’s in the E-mail trail specifically but he was told in December specifically not to contact me anymore.

(Actually she said she was going on vacation and did not want emails during that time. Downey told her to just back away.)

Q. By yourself?
CLARKE A By myself and by my husband, both of us.

Q. How did you tell him? In what forum or what media?

CLARKE A So he was told on E-mail and also in a text message because I just told him, I said “just stop”.

Q. Okay.
CLARKE A And like “just stop”.
Q. And you said you E-mailed that to him?

CLARKE A And text message as well. He got – he got both messages, and he actually replied back that he knew that I didn’t want to hear from him anymore.

(The contracts she signed ALL required her to manage all complaints… all complaints… there is no other person anywhere to tell about dog attacks. )

On Dec 2, 2016, at 11:26 AM, Bob Lepp <boblepp@gmail.com> wrote:
From: Bob Lepp <boblepp@gmail.com>
Subject: I will post posters on benches, rip them off if you disagree
Date: December 2, 2016 at 11:26:50 AM EST
To: Helen Clarke <helen@time4paws.ca>
On Fri, Dec 2, 2016 at 1:14 PM Time 4 Paws <helen@time4paws.ca> wrote:
Hi Bob,  go ahead. It looks like we finally have the town’s attention.
Sent from my iPhone

(Dec. 2, 2016 Helen was TELLING me to POST POSTERS ON THE BENCHES.… to keep going now I had “the Town’s Attention”)

December 2, 2016 Helen: “It looks like we finally have the town’s attention.

CLARKE A Okay.
Q. All right. Now, after December of 2016, let’s say in January of 2017… in January of 2017…

Q. …do you recall hearing from Mr. Lepp? 

CLARKE A  Yes, I do.
Q. How?

CLARKE A Via E-mail again. I think it was January – I’m trying to think it was January 2nd. We were – he sent a Star Bucks gift card for Christmas for us, and we rejected it, and told him to stop.

Q. Between the end of December or start of January and July 22nd, 2017 did you have any communication from Mr. Lepp?

CLARKE A Yes, through Facebook.
Q. Okay.
CLARKE A  He was a member of our Facebook group. 
(Helen insisted I join and post some rousing words since no one was helping us get the town involved. I’d never used Facebook. )

Q. What’s our Facebook group?
CLARKE A The Aurora dog park. We have a Facebook group called the “Aurora Dog Park Group”.

(There is no “we” there was just Helen using it to chat up her clients. )
Q. And
how was it that he communicated with you through that group?
CLARKE A. He was writing – he was writing posts and posting the posts on there, so then we give people an opportunity to reply, and I also believe that there are text messages although I deleted all mine when I removed Mr. Lepp as a contact and blocked him.

(LIE. no one posted directly. No one. Her clients would draft a post no one saw until Helen approved it and only then it appeared.)

Q. Okay. When you say “posts” can you just for the record explain what that means on Facebook? 

CLARKE A So our users have the opportunity to write things related to the dog park and post them for other use of the dog park to see, and most of Mr. Lepp’s posts are much like his E-mails lengthy and outrageous, and so he was removed as a member from the group, and his posts were deleted.

(Ummm, no. I deleted my posts as soon as she said she was working with Allan Downey. I knew he had “flipped her” to arrest me when he kept letting her run her business in the park.)

Removed-most-every-post-and-comment-on-Aurora-Dog-Park

(Helen asked me to post to the PRIVATE group she set up and moderated and never told anyone about. NOBODY posts directly, they draft a post and HELEN APPROVED ALL OF THEM BEFORE ANYONE SEES THEM… I removed my posts myself)

Q. Okay. Were the posts actually addressed to you?

CLARKE A No, they are open to the group.

(They went on to discuss the following November 2017 email AFTER a child was bitten. She was already working with Allan Downey to keep me arrested, so this marks the FIRST date she took ALL of my emails to her to police and said arrest me for harassing her. That is in a police report.)

So, from November 29, 2017 she was working with DS Bentham, and/or Det. James Ward or officer Jeff Brown, on the theory that IF she had NO CONTRACT, my emails were harassment.

And that worked only because she misled the court on SO many questions. If she had told the truth as she promised she would on December 24, 2016 above

Our current space is PROTECTED land.

Dec. 28, 2016 After being flipped by Aurora after they admit the park should NOT be there with chainlink fencing and no bollards in the parking lot.

You should have agreed to the meeting with Al Downey. There is a LOT I learned about the land and the parking.

December 28, 2016 Helen Clarke has been flipped by Aurora to arrest me a 2nd, 3rd and 4th time
HCS22-20171129-To-Helen-I-advise-arrest-July-14-boy-bitten-repeat-her-obligations-in-contract-no-first-aid-kit-no-rules-enforcement

I-will-post-posters-on-benches-rip-them-off-if-you-disagree

Daydreaming

Historical Reference of The Day – So you can tell I made a change somewhere in my story

Today, a small selection from Erika Chamberlain’s definitive book on Misfeasance In Public Office

Misfeasance-in-a-Public-Office-selection-1

I remember having fun with a very puzzled Justice Rose, who asked… “I read your blog. You say “If I want something to not happen, I just ask for it and Poof It won’t happen!.” He didn’t understand Aurora just took a position t never make any efficiency or collect ANY more money because the suggestion came from me. I won the appeal mostly because he admitted in the record that he went outside the evidence and browsed my blog. Also, no one bothered to prove “mens rea”, the guilty mind, so the Court of Appeal reversed his decision.

Evelyn Buck, Late/Great Former Mayor… Aurora Sports Dome email

EVER-HOPEFUL-JOURNALISM-COMES-TO-AURORA-Aurora-declares-Sports-Dome-tax-free-municipal-facility-no-contracts-exist

As my campaign began, late 2016, Jim Tree, Parks Manager, says he had no idea there were any “ISSUES” at Canine Commons

On Dec 2, 2016, at 3:26 PM, <jtree@aurora.ca> <jtree@aurora.ca> wrote:

Hello Hellen 

Just wanted to follow up with you on the current status and issues surrounding the Park , we have been receiving e-mails from a user of the park who seems to be having issues with the state of the park and is concerned that the Town is not meeting our obligations under the terms of the Adopt A park Agreement. We would really appreciate any insight you might be able to provide Helen and we would appreciate an opportunity to discuss any concerns or issues that are causing concern , We remain committed to our obligations as outlined in the agreement  and until very recently we had no reason to think that there were any significant issues.

Look forward to hearing from you Helen

Thanks

Jim

Helen was asked what were the problems I complained about

Helen replied:

Re-Canine-Commons

This Is What We Had 2016-2017

FLOAT Mouse or Finger over image to see the title, CLICK to ENLARGE

Click Photo to Enlarge, Show “Full Screen”… click on icon bottom right. ESC to return.

To Start or Stop Rotation, click icon at bottom left of image

This Was The Scrap Wood Surface Dumped After the Big Ice Storm

This Is the CURB Built For The BRAND *NEW* Park – Now Imagine The Blind Person in a Wheelchair With A Seeing Eye Dog

Attention TorStar Reporters: This Blog Is One Continuous Story, Updates Appear Throughout… Daily

Lisa Queen asked me a question. So that’s progress. Maybe she wants to write about me. Serious journalists always cross check their stories so maybe it’s that. Whatever she writes will be welcomed. TorStar wouldn’t lie about me.

Wanted: Ghost Writer – must have experienced in novels and documentaries over substantial time periods, aka 60 Minutes or The Court Channel. No research required. All court documents and evidence are readily available in soft copy, and in the public record. Working title: “Misfeasance and SLAPP Are Now Team Sports… Aurora’s New Sports Legacy”

January 13, 2023 I was supposed to be questioned by Aurora… they did not have enough documents.

So, Allan Downey testified at my trial that Aurora arrested me because I sent him “thousands” of emails. I guess none of them raised a question in the minds of four lawyers. That is good news.
Three defendants signed and swore they found not a single document in their possession. Imagine.
The Region of York and York transit blocked my email access and harmed/removed my ability to converse with the Tannery Crown Prosecutor. Now they admit I sent “nothing” to them because once they swore they handed over everything they gave up the right to defend my arguments using the few emails I sent them.
I emailed the police Services Board asking to appear and ask them for a quick look after 7 arrests and they declined in writing. Now they seem to have lost that email.
And of course at my trial Helen Clarke testified about being Daria Morgendorffer yet her paralegal, who also testified to the same Daria stuff, lost all that stuff as well.
So anything in any email to York Transit is now indefensible. This is good news.
And whatever I argue about emails From Daria cannot be defended, so that’s good.

Before you ask, the Libel and Slander act exempts publications from libel if they fairly report about court cases using the official records. From July 14, 2017 onwards, I had 7 criminal arrests get resolved and as soon as each was resolved, I could fairly report on them. If anyone thinks I have not fairly reported such cases, they should email me questions or comments. Or have your lawyer contact me.

The Laws around Slander and Libel require that you complain within six months. After that you’re agreeing with the writings. Not one responsible man at Aurora, and ALL of those are men, have found what I write about them is a lie. Not one man feels today I am wrong. Several of the men testified against me at trial. None have personally disagreed with me about what I sued them for.

I am pleased that Aurora no longer can delay the trial set for November and I respect their faith in their lawyers who say Aurora made NO BAD CHOICES from 2016 to 2023. Lawyers know more about Misfeasance In Public Office than I do. To me it is a simple tort. Choose the right decisions. Do no HARM. It’s a form of Hippocratic Oath for non-medical staff. Have fun, play nice, do not harm anyone.

Aurora’s biggest handicap was caused by a female. They will find it difficult to avoid losing because of the acts of that one woman. Mayor Phyllis Morris in 2011 did not like what bloggers said about her shortcomings so she talked council into letting her sue the bloggers privately as a citizen. But she also wangled free legal fees paid back to her under the table. They all got caught.
They experienced first hand that suing a taxpayer or 3 causes harm. They had to pay costs and a fine.
Somewhere “in the middle” responsibility wise is the law firm PMLaw who kindly gave me the important free advice in Small Claims that I sued in the wrong court. Lucas Kittmer, assisting Chas. Painter at the time, said “Escalate to Superior Court to sue Aurora, they have big pockets.”

The next handicap in their case is CAO Nadorozny because Human Relations did not vet him before he was hired.

https://www.sudbury.com/local-news/former-city-cao-has-a-new-job-259551

Nadorozny will make $200,000 under the terms of his contract.”

Mayor (Geoffrey) Dawe and council are pleased to announce the appointment of Doug Nadorozny as the Town of Aurora’s new chief administrative officer beginning in January 2016,” the town said in a news release. “Following a nation-wide search, Mr. Nadorozny was unanimously selected by council. Doug Nadorozny has a wealth of experience both in the private sector and as a CAO,” Dawe said in the release. “He brings a business perspective to delivery of public services, and we look forward to his leadership of our talented staff in delivering on the programs and policies of council.

https://www.sudbury.com/local-news/former-city-cao-has-a-new-job-259551

If Aurora claims it did, then simply Google Doug’s name, then they are admitting they know Sudbury fired him after losing track of millions of dollars building a bus garage and for granting exclusive rights selling ALL Sudbury bus tickets through a lunch counter guy. If HR did their job and if council did THEIR job, Aurora would not have hired him. Millions were wasted here on the JOC garage as well. Coincidence??

And Aurora used waste fill on the floodplain to plant the JOC without remediating erosion as required in the permits.

One important woman established the losing criteria in my suit. Thanks, Phyllis, at the time I never thought I’d be thanking you. But your acts look bad today for EX mayor Dawe since he acknowledged Council’s complicity in a letter to Bill Hogg. Dawe cannot now say he was not aware it’s a bad thing to falsely arrest a taxpayer seven times. But at my front door he said he had arrested me. I have a video.

So, Aurora cannot say the Corporation did not know it would cause harm by trying to shut me up using criminal arrests. As long as I can tell the Mayor Morris story, they lose. They KNEW what would harm me because they tried it before and lost. It’s hard to argue that “we just did not know that arresting a guy 7 times in 33 months on 26 counts would cause him any harm.”

Misfeasance in public office is proven when a public officer has before him legal choices to make and he chooses a decision he knew in advance would harm someone. They can’t do that. Well, they can, but it’s costly.

Mayor Dawe and Allan Downey Exhibited A Stubborn Refusal to EVER Take Suggestions

The inly VOLUNTARY agreement I got in all of the money saving suggestions I made was from Mr. Downey who asked: “So what kind of sign does the dog park need?”

Built by Downey in 2004, the park NEVER had a sign until I suggested it. And that was the first and last suggestion he implemented in any way.

As a “convicted felons” in that regard, they are in deep trouble for doing it a second time. And for the 7th arrest March 4 of 2020, they made the tragic mistake of using two defense lawyers and one paralegal defendant to make up stories about me. All three lied to police. I spent four days in jail and they made me pay my defense lawyer until two weeks before trial when they dropped all charges.

It’s pretty bad when a lawyer doesn’t have a client to beat me up and he has to do it himself.
Charles Painter twice called police to get me arrested. Twice he lied provably to police.

I’ve made some stupid moves in this, but a quick look at the record shows I’ve never lied. Not once has a lawyer claimed I lied. Worst thing they have said is I didn’t get enough signatures affirmed. And now they know that nothing I write in this blog is a lie.

They don’t know what to do to defeat the truth. They only know how to play lawyer tricks. Sharp practice. Delays. Refusals to canvas dates for examinations. Lame tricks to get the court mad at me.


what would it take to prove to a jury that police arrested me 7 times and yet were Misfeasant in Public Office?

well, what if they made up their mind I was guilty FIRST, and THEN did not bother to ask me my side?

7 times, police arrested me without a single question. Is that the approved technique in the policy manuals?

every accused must be proven to have a “mens rea”, the “guilty mind”… knowledge that what they were about to do would break a law. And to prove that in court kind of requires a question or two. Maybe they should have asked at least one question of me.
24 of 26 charges were false, initiated by people who lied in their witness interviews.
HARM – DO NO HARM, as you read about “harm” in the tort of Misfeasance In Public Office, keep in mind where I was in 2016

If No Harm Was Done To Me…

I would:

  • Live in an expensive house in Aurora
  • Have my health
  • Have my wife and son
  • Have my two dogs
  • Have My Audi
  • Have My furniture
  • Have My tableware and cookware
  • Have friends
  • Have My family
  • Have My reputation
  • Have a job
  • Have half my wife’s income
  • Have $200,000 more in savings
  • Have the time from 200 court appearances
  • Have a hope

Misfeasance Has a Long History of Success – Since the 13th century in England.

Collusion? If There Was NONE… THEN… How did this happen?

A simple person can’t arrest me easily on his own, but a cop can. But, then, a Det. Sgt. has to approve it. But even THEY both can’t get me into a court room without a Crown Prosecutor agreeing. And even THEN I can’t get convicted without a judge and witnesses.

It takes a village to de-raise Bob Lepp.

And they need to coordinate to keep the arrests coming, as they did on March 2, 2020. They ran out of ordinary citizens and their ideas to complain about me, so 3 of the lawyers themselves jumped into the breach and did Step 1 themselves. They misled police. They failed. False charges of speaking to a paralegal in an active court room.

Lawyers ALL know the impact of false criminal charges. They KNEW in advance the HARM they would do to me on behalf of their clients York Region and Aurora. It’s their job to know the impact of their acts, legal or otherwise, on others. They were trained for years and take regular refreshing courses.

Since the Supreme Court of Canadas decision in Odhavji Estate v. Woodhouse, three main trends are apparentFirstplaintiffs who claim in misfeasance have some procedural advantages, including an exepanded scope of discovery and greater resistance to defendants’ motions to strike.

https://law.uwo.ca/research/research_groups/tort_law_research_group/PDFs/Chamberlain_Canadian_Bar_Review.pdf

Unique tort explored in new book –

October 14, 2022

Erika Chamberlain

Prof. Erika Chamberlain -Dean of Law, Western

The idea for Prof. Erika Chamberlain’s new book, Misfeasance in a Public Office, was sparked years earlier while Chamberlain was clerking at the Supreme Court of Canada.

During her clerkship, Chamberlain (pictured) worked on the Supreme Court’s decision in Odhavji Estate v Woodhouse (2003), where a family sued police officers who failed to cooperate with an SIU investigation into their son’s shooting death at the hands of police.

Amazon says:

Misfeasance in a Public Office provides a comprehensive study of the tort of misfeasance in a public office in Canada and other Commonwealth jurisdictions. Misfeasance is a unique tort in that it applies only to public officers, and so exists at the intersection of private and public law. Since the House of Lords’ decision in Three Rivers v. Governor and Company of the Bank of England (No 3) (2001) and the Supreme Court of Canada’s decision in Odhavji Estate v. Woodhouse (2003), misfeasance has been pleaded with increasing frequency and in situations covering a wide range of official misconduct. This book provides an organizational framework for the tort and a thorough catalogue of its application in specific cases. It also provides a theoretical foundation that clarifies the underlying purposes of misfeasance in a public office, its relationship to other areas of law, and its present and future role in the modern administrative state. Publisher: Carswell.

https://www.amazon.ca/Misfeasance-Public-Office-Erika-Chamberlain/dp/0779870522/ref=sr_1_1?crid=3O8O5AP849PS7&keywords=Misfeasance+in+a+Public+Office&qid=1673219265&sprefix=misfeasance+in+a+public+office%2Caps%2C87&sr=8-1

Carswell, a Thomson Reuters business, is Canada’s leading source of intelligent information solutions for legal professionals

Buy it HERE https://store.thomsonreuters.ca/en-ca/products/misfeasance-in-a-public-office-30835243

I did. Check out “TARGETED MALICE” on page 138. Sound familiar at all?

Here is the Table of Contents:

Misfeasance-in-a-public-office-Table-of-contents

Here is the Index:


Misfeasance-in-a-public-office-index

Here is an article by the same author for free:

This article begins with a summary of the leading appellate decisions that brought renewed attention to misfeasance in a public office and spawned the new wave of litigation. It then discusses the subsequent decisions on misfeasance claims in the Canadian trial and appellate courts, including several that have proceeded to final judgment. In doing so, it will highlight the value of the misfeasance claim for plaintiffs, and identify the tort’s emerging niche as the law moves forward.

https://law.uwo.ca/research/research_groups/tort_law_research_group/PDFs/Chamberlain_Canadian_Bar_Review.pdf
Misfeasance-in-a-public-office-article-by-Erika

Why The Tort of Misfeasance Will Succeed

In Canada, at least, it has become rather commonplace for plaintiffs to plead misfeasance in a public office alongside other torts in actions brought against public authorities. Thus, misfeasance has been added to claims for malicious prosecution, false arrest, and breach of various rights under the Charter of Rights and Freedoms. In such claims, the primary benefit of the misfeasance claim is to taint the public officer’s actions with the suggestion that they were an abuse of office, that is, that the officer deliberately used his office to injure the plaintiff.

https://law.uwo.ca/research/research_groups/tort_law_research_group/PDFs/Chamberlain_Canadian_Bar_Review.pdf

PRIMARY BENEFIT: TO TAINT THE OFFICER’S ACTIONS AS DELIBERATE

So, how “DELIBERATE” were the Mayor, CAO and Director of Legal in fact?

  • All 3 deliberately or presumptively approved Sandra McKenzie to be the FIRST person complaining to police about me asking for my arrest
  • Police deliberately traumatized my wife in our home July 12, 2014 by revealing to her personal details about me which he had YET to address with me. He went to my wife first to humiliate me and to make me feel powerless.
  • Aurora’s top management, political and administrative, all deliberately met officer Jeff Brown in town hall July 14, 2017 starting at 11:39 am.
  • When asked, they deliberately approved of Brown’s arrest plan which he detailed in that meeting
  • Police deliberately set an overreaching recognizance of bail meant to silence me 100%, Jeff Brown set “Do not communicate in any way to ANYONE who works for Aurora.”
  • Police deliberately told me to not talk to Aurora staff ever again
  • Police deliberately TRESPASSED me from Canine Commons using a false recognizance. That is a taxpayer funded PUBLIC facility, when “Bracken v. The Town of Fort Erie” had just prevailed in the Court of Appeal making it illegal for police or a town to trespass a politically active person from a public funded facility such as a town park just because he speaks out about injustices and illegality by the town
  • Police deliberately ignored 689 words in my email to Council, and took just 7 words as the “evidence” of multiple criminal charges… completely out of context. The charges failed to see a court room.
  • Police deliberately claimed that a blank white space on a page written by me was threatening
  • Police deliberately arrested me despite claiming that Aurora told him “this (arrest) is NOT what Aurora wants me to do.”
  • Police Det. James Ward deliberately tainted the testimony of Ms. Clarke by TEACHING her that she could not call Canine Commons Volunteer Agreement PKS-011-15 a “contract” in front of a judge because she got no cash for signing it
  • Ms Clarke deliberately used Det. Ward’s training in contract law to testify that she had NOT signed a contract to manage Canine Commons when she had just been recorded on video saying “… and when the first contract ran out, they sent me another contract”… and emailing her signed copy to me.
  • Jaclyn Solomon deliberately Tweeted my privileged emails negotiating a Small Claim to Det. James Ward. She deliberately used one of several pseudonyms such as “@Bo Blepp”
  • Jaclyn Solomon deliberately violated the Law Society ethic requiring her to ALWAYS act in her client’s best interests, not in her own interests, or those of a police officer, by refusing to accept settlement of my libel suit against her client for $0.00 and even no apology. I tried to settle for nothing, and yet she declined to even say yes or no to continue her attempted entrapment. No response at all.
  • Helen Clarke and Jaclyn Solomon deliberately complained to police that I had attempted to bribe them to not testify against me in my trial, when all I was offering was a cash free settlement.
  • Helen Clarke and Jaclyn Solomon both acted under the pseudonym Daria Morgendorffer to demand and embarrass me in a Google Business Review of my self employed business to destroy any chance I had of earning an income at my profession.
  • Jaclyn Solomon deliberately complained to police and called for my arrest for staking out her home until she drove off on vacation, breaking into her home in daylight and killing her dog and repairing the damage, cleaning up a water bowl, and avoiding multiple security cameras, neighbours, a professional dog sitter, and 3 yapping dogs
  • Helen Clarke deliberately falsely assisted Jaclyn to ask police to arrest me for dog murder, break and enter
  • Helen Clarke took the same COMPLETE set of emails from me to police asking them to arrest me….TWICE. The first mischief failed when police said ALL my emails were innocuous. The second time, Det. James Ward came up with the “NOT a contract” theory and deliberately trained Helen in Lesson 1 of “James Ward’s New/Improved Contract Law” course, JUST so I could be falsely convicted
  • Police deliberately accepted a complaint from Crown Elizabeth Barnier about an email she asked me for and they used it to write up five MORE charges and an 8th arrest. Det. John Loughry was deliberately angry in court, thumping the stand, testifying how he felt when his hard work and 5 charges were not picked up by Crown Greg Elder for some unknown reason.. maybe because the URL was sent to ONE Crown and not the entire world.
  • Police deliberately arrested me on a Friday morning and deliberately delayed me getting before a justice that day so I would spend 4 days in jail. I suffered a medical issue in the court jail and spent the weekend in the cardio ward where police deliberately refused access to visit by my wife and son. Yes, he will testify he was threatened with arrest if he merely attempted to say hello to his sick father in the Emergency cardio ward. His mother witnessed the exchange.
  • This same day, Crown Greg Elder or his staff deliberately lied to the computer to place me in Lindsay Prison for the same time I was in hospital in Newmarket so my wife and son could not find me. I was arrested inside a court room and not allowed to tell my family why I had disappeared and left my car at the court house. They wanted my son to find it, alone and to worry about what had happened to me.
  • That same weekend, police deliberately refused access to me by my lawyer in hospital for over 26 hours. My counsel was kept from me for over 24 hours, against the laws of Canada.
  • Lawyers Charles Painter, Barry Stork and Jaclyn Solomon deliberately created and swore to 4 different narratives for my 7th arrest for allegedly speaking to a paralegal in an active court room. None of the 4 stories agreed with another, even the TWO stories from Jaclyn Solomon differed from each other. The charges never saw a court room. I spent 3 days in jail. I paid for a defence lawyer and only THEN, just 2 weeks from trial, Crown Elder admitted he had no chance of success and dropped the charges just to cost me time and money.
  • Det. Sgt. Heather Bentham deliberately misled me February 27, 2020 when she said she had NO reason to arrest me, yet 1 day later she suddenly had 11 new charges from 3 different complainants, to choose from. She chose “speaking to Jaclyn Solomon in an active court room”.
  • DS Bentham deliberately made “impossible to believe” statements in my recording of her February 27, 2020 to try to explain why SHE and they arrested me 7 times. She provably lied, since multiple videos recorded by her officers show the deceit.
  • Crown Greg Elder (not sued only because the laws now make that almost impossible) deliberately ignored an order issued to him by RSJ Fuerst to stop naming so many people in his recognizances for me. He kept the longer, more detailed list of people deliberately to silence me. These are breaches of the Public Trust.
  • Crown Greg Elder deliberately ignored a second order by J. Dawe IN PERSON to stop naming so many people in his recognizances for me.
  • Police deliberately sent multiple “wellness checks” to my home at all hours at the beck and call of lawyer Gwendolyn Adrian who won a suit against me by Tina Duncan.
  • Police deliberately entered my home without permission under the guise of “keeping the peace” for the Town water guy who called them in as he checked my back yard for cows being bred for their farts.
  • Mayor Geoff Dawe deliberately called for my ejection from council open mic night for speaking and showing photos about Bus Stop 1208 at Our Lady of Grace School. A picture of a young student being let off in the middle of the street caused the deliberate rebuke.
  • Aurora Councillor Michael Thompson at a Youtube Council Meeting to the public January 23, 2018 deliberately declared my arrest charges as “NOT a Town issue….” according to “our solicitor”…
  • Aurora deliberately placed high dollar values on FOI Requests for the simplest of facts.. dates of activities, pet tag sales figures, dollars collected…. as they knew I did not have a lot of money to waste on such simple facts I would get free at trial.
  • York Region deliberately blocked my emails to the courts without notice at the request of Mayor Dawe.
  • The Police Services Board deliberately refused to hear me when I tried to alert them to 7 false arrests IN PROGRESS.

Happiness… are YOU happy?

Before explaining how the men who work for Aurora shut me up, let’s talk about what makes people happy. If EVERYONE was happy, none of the last 6 years would have happened. I would have been happy with the nice dog park created by the happy Parks Director to keep the happy volunteers and happy taxpayers in a good mood.

But, everyone was not happy, and the events of 2016 through 2023 unfurled to make many of us unhappy.

So, MAYBE, we should all get happy again, and I just read how easy it is to get and stay happy.

First, have you ever seen a person from Finland on 90 Days Fiancé? NO. They like to pair cute Russian girls with blah American guys, handsome Russian guys with blah American girls, misfits and age mismatches galore and they are all just trying to be happy. Beautiful women from 3rd world countries suddenly adore blah American guys for their green cards. And many are married still until this day.

“I’m a psychology expert in Finland, the No. 1 happiest country in the world—here are 3 things we never do”.


So, if you want to be happy one day, just read this article called “I’m a psychology expert in Finland, the No. 1 happiest country in the world—here are 3 things we never do”.

From personal experience I know this works. Try it! Then read on about “the troubles” and know it IS possible to be happy all the time if you act Finnish, not finished.


Do that already? Good! Now, read “The Four Agreements” by Mr. don Miguel Ruiz, on ideas developed by the Toltec Mayans

A click on this may change your life. If you’re honest with yourself, these 4 agreements you make with yourself will seem like just what you want from others.q

One reviewer said:

Top reviews from Canada

Leah Mae Smith

5.0 out of 5 stars Great book to live by

Reviewed in Canada 🇨🇦 on November 30, 2022

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The subtle “trick” is that you have to follow them YOURSELF as well. Once you do that, you can accomplish anything because people will treat you for what you are, what you say, what you do, how you react under stress.

January 13, 14 or 15 is my examination. So….tell your lawyer to be ready.

What Aurora is doing now is telling all the lawyers to not schedule their clients to be examined by me by February 15. They hope I’ll refuse to show up January 13 because none of them have even agreed on a date for me to examine their many defendants. Already, one lawyer is snitching that I “lie” and am not going to appear January 13, and is taking that fear in writing to the court. No need. I will be there… IF they tell me the address and time by then. So far nothing, just an emailed demand from Aurora that I must appear January 13. They did not canvas me for dates, they picked the last possible business day before the “court ordered date of January 15.” even though they have had many MONTHS since the courts order to them.

Here’s the trick about complaining to a logical judge… no one can claim I didn’t agree to appear until January 16 earliest. So, their plan is foolish, which means they will now double down on it. They will ALL tell the court this week that I’m in contempt for not appearing… even though it’s a week early, and yet they read this blog every day, multiple times. I am theirs on January 13. Bring a comfy chair.

So, if you want to hear my side at last, come along with the lawyers. It’s in person, according to the rules.


Why Do “They” Delay A Trial if they are sure I have no case?

If it were true, as everyone claims, that I have no case against anyone for 7 arrests over 30 months, then they would SIMPLY let it come to trial and annihilate me. Instead, every delay possible has been invoked, every last penny of court orders have been made. The trial is November 2023 and that still seems to come too soon for some of them. They want to take all my money now and then claim I do not have enough money to use the courts.

Aurora wants to financially ruin me so I cannot be permitted to sue them in a court due to a lack of money.

I guess it is normal for people to not understand a lawsuit like mine. It should be no surprise to anyone that the Town of Aurora, and its male staff, and its politicians are fully responsible for all of my 7 arrests. Anyone else involved was simply doing their bidding. And the first arrest started with Sandra McKenzie, HR Manager. Here it is in action… cops scared the bejeezus out of my wife BEFORE they EVER spoke to me in person… by saying “Your husband has a problem with (Sandra McKenzie and the rest of) the Town of Aurora.” My wife was curled up WAILING in a ball in a chair when I got home, loudly demanding a divorce.

Cops: “This is not what the Town WANTS me to do.” (Emphasis by cop Jeff Brown on video evidence)

Notice that the York Regional Police officer Jeff Brown said to my wife (and yes, she will testify) … “the Town of Aurora” and not “Sandra McKenzie“, or “Allan Downey“, or “Jim Tree“. This was NOT a personal arrest, it was a corporate arrest. He offered to answer questions in my arrest video. He agreed in the video: “This is not what the Town WANTS (his emphasis) me to do.” So I know in their collective heart that it was not really their first choice, like maybe a peace bond would have been more appropriate, but I was glad he confirmed that it was the Town, the corporation, behind the arrests. That meant I do not ever need to even consider that any other individuals may have started this. Sandra defended the Town of Aurora from emails I sent to Councillors and Mayor Dawe. The cop says Aurora called for the arrest?

When they let me go from jail, I had to sign a promise I would “NOT COMMUNICATE IN ANY WAY WITH ANYONE WORKING FOR AURORA.” and that says to all. I could not speak to, email or visit ANYONE at the two where I paid taxes for 37 years. $5,000 a year and I cannot complain about garbage, parking or collapsing retaining walls.

Sandra Mc Kenzie complained, and I am not permitted to even mail in a tax cheque without being arrested, and I have that EXPLICIT statement on my video as well. The cop told me EMPHATICALLY that simply mailing in a tax cheque would be the cause for my arrest. So I did not pay my taxes. For 2 years.

I believed cop Jeff Brown that Sandra was Complainant #1 of all of them, of course. Who would not? Sandra McKenzie, a key senior manager, phoned them to complain, she is noted as “Complainant #1” in the whole affair, and how can we argue against that? We cannot. It is in black and white. Well, to be truthful, technically, it’s only in black, and that is shown on a white background. Could be “in black and yellow” if I wanted. She is NOT an employee today.

July 12, 2017 before my first arrest July 14, 2017 – the two cops revealed private details of Ms McKenzie’s call to them, they tell them FIRST to my wife in my absence, ONLY to scare her even BEFORE they have EVER spoken to me. He planned to spook my wife first to humiliate me. I would not have thought the Directors of Aurora would approve of this vindictive move, and I cannot say why she now works for Newmarket. I will find that out in MY examination of Aurora defendants by February 15, 2023. I won’t be able to tell you, though, until long after the trial, so don’t go thinking I would reveal examination questions and answers.
Sandra McKenzie is Complainant #1 for all 7 of the arrests. She is the only female who worked for Aurora I had to fear. As a senior Manager, she would have known not to involve police without approval from the very top, all the way up to Works Director Allan Downey. The Legal Director, too, would have been consulted eventually, even if just informally in the hall. The mayor… of course, had his finger on the social media through Facebook and Twitter so he knew the impact it would have on voters if he arrested someone who was innocent, so he must have checked out , questioned and vetted the decision made by the HR Manager and backed up by HIS Legal Director, in concert.

Certainly, on July 14, 2017 Mayor Dawe agreed with police I needed to be arrested, he saw no other choices I guess. That was his mistake, his Misfeasance showing, He did harm. Bad choice.

For the Corporation of the Town of Aurora to get to the point of ignoring a common Peace Bond as the normal, everyday solution offered by Deputy Crown David Moull to dozens weekly (he assured me AND MY WITNESS personally of that, he wondered WHY a peace bond was not in place),… they were ALL CONVINCED criminal arrest was their only legal choice. It was not their only choice. They had several choices:

  • Sue me for $6,000,000 like Mayor Morris sued Bill Hogg and Dick Johnson
  • Talk to me, invite me in to chat,
  • Ask my opinions,
  • Take my offers of help
  • Do nothing
  • Get a Peace Bond in court (like ANY good cop would suggest for a first time alleged “offender”)
  • Do any of what I suggested to save money, $350,000 a year for pet tags and $50,000 a year for business tax exemptions for Terry Redvers

But, it WAS their legal choice to make as politicians and bureaucrats. And, if their decision caused “harm”, then the law says that are exhibiting the tort of “Misfeasance In Public Office”.

When Mayor Dawe and CAO Nadorozny made the decision to let Sandra start the arrests process, they began to cause emotional and financial harm to me and my family and that is the classic definition of “Misfeasance in Public Office”.

..,.”because of changes in the law in the past decade that have expanded the scope of the tort, and corresponding limitations placed on the liability of public authorities for negligence, there has been a virtual explosion of cases on the topic in recent years.”

Claims for Misfeasance in Public Office: A Brief Summary
By Lisa A. Peters

A corporation has a legal right to make choices how to “protect” themselves from all and various perils, emails asking for money and finding money… etc., ANYTHING. They get to choose what to do, no one else has that right.

But, they have to answer for their NEGLIGENT choices. In this decision, to arrest me 7 times, they caused harm. Irreparable, irrevocable, ongoing financial, mental and emotional harm. Divorce after 37 years. Forced sale in the home of 39 years. Loss of possessions, cash. Legal fees, fines, court costs. Loss of reputation and income. New and more serious medical ailments. Loss of affection from my family, not JUST my wife. Embarrassment to my son. Pillaged by the press, Aurora local papers and The Star nationally. Rousted in my home by police many days on their whims and the whims of Aurora. Manipulation by the Crown of my bail terms against the orders of two Superior Court Justices, Fuerst and Dawe.

In 2013, NONE YEARS AGO, Mayor Dawe also UNEQUIVOCALLY promised the people and the courts that he would make sure Aurora never again tried to silence residents from publishing their opinions of the Mayor. He said he would have staff trained how to NOT do that. He had been told clearly that Aurora filed a $6 million suit just to threaten Bill Hogg and Dick Johnson. He wrote Bill a letter of apology:

Master Hawkins: …this (Aurora’s $6 million suit) was a Strategic Lawsuit Against Public Participation with the intention to silence criticism leading up to (an) election.

CANLII Ruling is at https://canlii.ca/t/fmdn9

The Superior Court of Justice now advises that only the men working for Aurora or for its voters were responsible for my arrests. Well, not specifically exempted by them is one woman, Sandra McKenzie, the HR Manager. But even she was told what to do by the male Mayor and the male CAO. Oops, TWO women, were instructed by the men… Techa Van Leeuwen also agreed with two police officers on July 14, 2017 that they should arrest me. She attended and must have agreed. But only those two women are discussed here. Maybe I will speak of the gun threat call to Ms. Azilda Robinson, or maybe I will just use all the documents Aurora provided from that (undated) call. I have the actual Aurora documents on this issue already.

Anyone other than the men involved have not been identified in any of the evidence.

And so it is only the men who manage the Town for taxpayers. The male CAO, the male mayor in 2016 and the male Mayor today. As it pertains to the original issue in all this… town parks funding, Allan Downey called all the shots. He got all my emails asking for the disgusting Canine Commons to be replaced. I was successful with him quickly, just a few months, and it was eventually replaced. But only AFTER I also got Council embarrassed that since 2004 the Town admitted they had spent exactly zero dollars on repairs and maintenance because the original handshake deal with volunteers in 2004 was not made public. They actively HIDE the contract between Aurora and the team of volunteers to this day.

When asked, staff could not name more than one person on the Canine Commons Committee. It was their legal choice to take their copy of the signed contract and to believe, without question, that every person who signed it actually ended up doing very sensitive volunteer work at the park. But, by not vetting ALL the volunteers in a park where CHILDREN attend on their own, they are Misfeasance In Public Office. Who knows what people volunteered? What is their background? They did not take even the most simple and basic steps to be sure there even WAS a committee of more than one person. They never followed up on ANY terms the volunteers were to complete, like making up rules, printing rules, distributing rules and making sure EVERY park user has a copy of the rules. And of course they turned. blond eye tp 85% o dogs in Aurora running around without a mandatory tag.

Not once in Aurora’s history has ANYONE EVER followed up on the efficiency and effectiveness of the VERY LUCRATIVE pet tag sales process, before OR after Docupet was contracted. If anyone HAD asked the simplest question: “What rate of compliance did we have in the good old days?” and “What is the rate of compliance now we PAY A LOT MORE to sell tags through Docupet?”

No one asked those who know: How many dogs and how many cats should Aurora have if it is considered “an average Canadian town”? A.: Divide population by 2.9 to get the number of households, then divide the number of households by 3 to get the number of dogs, and the same number of cats will exist AT A MINIMUM. Bec case of course Aurora is upscale and people have more money for more pets than the average. Roughly, conservatively 7,000 dogs and 7,000 cats should buy tags worth $10 to $30 each, for $300-350,000 annually.

The legal decision the CAO and CFO and auditors made to NEVER check the performance of revenue sales was theirs to make but it was a bad decision and it cashed harm, the loss of millions of dollars over the decades, and the loss of MANY accessible dog parks close enough for all dog owners to walk to one daily. $300,000 for one year would build 4 NEW dog parks every year.

Aurora was harmed because no one did a simple audit of a $300,000 revenue stream. Everyone assumed someone else was win charge of that, but the fact is not even the highly paid auditors did a single auditing sample of the pet tag sales reports. How can we pay financial auditors who issued $300,000 every year. Did we hire accountants who do NOT understand how a town is financed by fees, permits, plans, taxes?

HECK, there is not even a set of dog park rules ANYWHERE except on the sign at the gates. That was their choice, they let the committee fail on every term and said nothing. That is misfeasance in public office. Legal choices but harmful choices chosen. NO follow up, No cross checks. No financial auditing.

Making that decision to NOT FUND any aspect of a commonly provided off leash dog park is legally Mr. Downey’s, but in choosing that Aurora need NOT maintain a park where 2 out of 3 homes owns at least one pet, Mr. Downey committed misfeasance.

Mr. Downey did exhaustive annual fact finding in Canadian and Ontario demographics of the number of male children 8-12 needing a pickle ball court, but he failed to fact check ANYTHING about the missing $300,000. He never ONCE thought… “I wonder if we should use the pet tag revenues to build more dog parks for 7,000+ dogs?” He just never thought of it. I thought of it. Why would he not? And since I told him I had thought about it, why would she not THEN research my claims?

It is a fact that Aurora since 2016 has NEVER taken any offer of found money from me. They have never implemented ANY suggestion I ever made. Not once… oops, the Canine Commons Sign…. when I embarrassed the Parks Director by pointing out that Canine Commons was there ONLY park of 62 that had NO SIGN TO SHOW WHERE IT IS. Mr Downey did ask me what type of sign I demanded and I said “whatever you normally install.” To bad the fancy new signage never got extended to the dog park.

Mr. Downey and Aurora led taxpayers to believe that Canine Commons was a town park when it was really a park created ONLY with the money and the time of various hard working volunteers only. Nameless volunteers raised ALL of the money. The contract was designed by Mr. Downey, first a simple handshake deal and then a formal lawyer’s contract named “PKS-011-15” for 3 years, symbolizes the idea between the volunteers and Mr. Downey. He had lawyers design the contract stating that in exchange for specific services by the volunteers, he would provide specific items of significant monetary value, like wood chips, but that never happened. He did NOT make the contract public knowledge even though the wording in the contract ITSELF required the volunteers to make every park user get a copy of the contract and the NEW rules they were to set up and enforce BEFORE entering the park. This was never done. Walk right in!

Mr. Downey had the legal choice to sign the contract, and to then NOT enforce his own terms requiring publication of the contract and rules. But by NOT enforcing it, he committed misfeasance in public office. Even if he tried to enforce it but FAILED, he would be OK. Instead, from 2004 to 2018 he did not enforce a single term of the contract he paid to have designed to protect the Corporation of the Town of Aurora. Deciding, legally, to pay good tax dollars for a contract and THEN to choose to ignore it is misfeasance. He did not ask for a copy of the rules the committee agreed to, even though they signed and contracted to create the rules on paper and distribute them to everyone. He did not enforce the Town rules forbidding a person from running a business based on free use of a town park. Those were his legal choices to make, but they were wrong and now, real provable HARM has been done.

If he had simply made the right decisions, all taxpayers would know that Canine Commons is a “volunteer owned park” and not a fully legit TOWN park. He made up and posted OUTSIDE all of the rules to be followed inside the fence though. It was his legal right to choose how to follow up on his own rules and contracts. He chose minimal to non-existent enforcement of his own rules. Damage was done to me when I reported a dog bite in writing to him and others. He made the choice to support Aurora’s arrests of me. Again, damage was done to me. He was misfeasant.

Of course, at trial, Aurora will likely argue that it was not up to him, that it was the fault of the volunteers only. Aurora will argue Mr. Downey acted perfectly and it was the volunteers who did everything wrong.

But, the jury will see the minutes of Council meetings where the Parks Director rose to table a motion that Terry Redvers not be required to pay education and business taxes on his 2 very PROFITABLE commercial operations, rental indoor soccer fields and the very commercially successful Tennis Club. He argued that if the clerk simply wrote a letter to the Ontario Finance Minister saying Mr. Redvers just ran his for-personal-profit businesses for the exclusive use and financial benefit of taxpayers, that $60,000 in taxes for the Sports Dome alone would be saved.

What Mr. Downey FAILED to reveal TO COUNCILLORS and the MAYOR – That his contract with Redvers has had him paying Terry Redvers’ education and business taxes of $50,000 annually since 2004 and he wanted that money BACK in his budget to build more pickle ball courts or whatever. Certainly NOT dog parks

So, Mr. Downey cut a contract, a sweetheart deal for Terry Redvers who was put up as a proxy for a business owner of Aurora Sports Dome, yet TAXPAYERS provided the LAND, DRAINAGE, PARKING, UTILITIES, AIR CONDITIONING EQUIPMENT AND MORE .

Then, WITHOUT telling councillors too young to know about the 2004 Redvers contract and too dumb to simply ask to see a copy (Misfeasance), kept under lock and key, he lied to Council that the two private, for profit businesses should be made tax exempt so HE did not have to pay their taxes. YES< he had been paying Redvers‘ taxes from his budget since 2004.

It was Council’s choice to trust the CAO and Works Director to have set up and monitored annually all legal contracts to benefit taxpayers. It was Council’s choice to approve PURCHASE of a business they ALREADY OWNED at end of contract.

These legal choices were legitimately made by Councillors, but it is Misfeasance in Public Office if their decision ended up in ANY HARM. Taxpayers were harmed when Aurora bought the business because their contract already gave them ownership of the bricks, mortar and air conditioning at the end.. all but the roof… and there was no need to pay twice.

It was Council’s choice to EITHER trust Mr. Downey or to dig deeper through the contract details they already had before they approved the purchase.

Is Mr. Downey paying Redvers’ education taxes for the Tennis club too?

This premise, that the Sports Dome was a Municipal Capital Facility of Aurora, existing ONLY for the benefit of residents, was false, and that is easily proven once we learned Aurora later BOUGHT the Sports Dome business AGAIN for an undisclosed amount. Why did they need to BUY it if it was already uniquely theirs?

For over 15 years, they paid Redvers‘ taxes of $30-50,000 annually… let’s say for $550,000, and then the contract, at its end, gave Aurora ownership of the entire business, excepting MAYBE the actual roof IF that was leased, rented or not purchased.

At the end of the contract, AURORA OWNED EVERY PHYSICAL PART OF THE SPORTS DOME BUSINESS ANYWAY

Lets look first at where the dome and the dog park are:

Is it not AMAZING that the red “HIGH WATER” line wraps NEATLY around the perimeter of the dome… how can a FLAT soccer surface be HIGHER than the land just feet away covered by the red line. Look at the red line being DRAGGED across the Legion parking lot, as if some part of the lot will flood and others will not flood. How silly a concept is that? No one has looked at this stuff, and everyone just assumes Aurora follows LSRCA rules on the flood plain.

Aurora does WHATEVER it wants on the floodplain with no complaints from the Lake Since Regional Conservation Authority (LSRCA). They have a blanket approval to do anything with out the permits required in the legislation to protect the watershed.

But the LSRCA was convinced to:

  • Do things quietly for Mr. Downey without taxpayers finding out. No one knows that Canine Commons is built ON THE FLOODPLAIN a few meters from the Holland River.
  • Allow HUGE amounts of unaudited fill to be piled up ON the floodplain so that the JOC could be built backing onto the Arboretum, Mr. Downey’s favourite park. He can send Works equipment to the Arboretum out the back gate of the JOC. His massive greenhouses are used for Xmas flower baskets he could buy cheaper than he can grow them.
  • Allowed an INDOOR sports facility, Redvers’ Aurora Sports Dome, be erected ON THE FLOOD PLAIN
  • Turn a blind eye to Aurora installing CHAIN LINK FENCING all over the flood plain where it built sports backstops, fences and other structures. Chain link fencing acts like a fish net in a flood, when ent the water retreats, the fish die on the upriver side of the fence. Fish died inside Canine Commons chain link fencing used to patch the 7 inch holes on the cattle fencing Mr. Downey installed in 2004. Dog owners posted picture LAUGHING at the dead fish being examined by their dogs. Where is the respect for the environment and animal world?
  • Ignore the lack of parking lot bollards capable of holding cars within the lot in a flood.
Lake Simcoe Regional Conservation Authority allows Aurora to break many of its rules meant to protect people and property from the next Hurricane Hazel flood. It was created JUST to prevent the losses we saw in 1954. They administer everything at or below the Hurricane Hazel high water mark… UNLESS someone backfills enough to be ABOVE the high water mark. Like the OVER BUDGET Joint Operations Center whose grossly inflated budget paid for millions of tons of fill to be stacked up on the flood plain.

The original SPORTS DOME contract

Now, check out the original SPORTS DOME contract kept hidden for so many years, I got my copy from an ex-Mayor, Evelyn Buck, an extremely dedicated Auroran who kept it because it was so shady (my words paraphrasing her opinion) … great for Terry and Mr Downey, bad for taxpayers because Terry Redvers for 15 years or more ALONE took the profits after Aurora paid all HIS expenses, drained it, air conditioned it, lit it up… and paid the high costs of air-conditioning and other summer utilities.

Mayor Dawe and Mr. Downey wanted me silenced be cause I uncovered these lost millions, $350K from 2015 to 2022, that is 8 fiscal years, $2,800,000 lost… and the illegal $60,000 education tax exemption for business friends. Aurora had been paying Redvers’ education taxes as part of the initial secret contract now in the public domain. Here is the contract: (my comments follow on screen captures)

Lease-Aurora-Sports-Dome


There is a chance Mr. Downey FORGOT to collect the $2 annually, I will ask.

Why not ALL the utilities if it was run exclusively for taxpayer benefits??
See The Law following at: https://www.ontario.ca/laws/regulation/060603

Exemption from taxation under s. 110 (6) of the Act

2.  (1) For the purpose of exempting land from taxation under subsection 110 (6) of the Act, a municipality may enter into an agreement under subsection 110 (1) of the Act for the provision of the following classes of municipal capital facilities:

1. Facilities used by the council.

2. Facilities used for the general administration of the municipality.

3. Municipal roads, highways and bridges.

4. Municipal local improvements and public utilities.

4.1 Municipal facilities for the generation of electricity.

5. Municipal facilities related to the provision of telecommunications, transit and transportation systems.

6. Municipal facilities for water, sewers, sewage, drainage and flood control.

7. Municipal facilities for the collection and management of waste and garbage.

8. Municipal facilities related to policing, fire-fighting and by-law enforcement.

9. Municipal facilities for the protection, regulation and control of animals.

10. Municipal facilities related to the provision of social and health services, including long-term care homes under Part IX of theFixing Long-Term Care Act, 2021.

11. Municipal facilities for public libraries.

12. Municipal facilities that combine the facilities described in paragraphs 1 to 11.

13. Parking facilities ancillary to facilities described in any of paragraphs 1 to 12.

14. Municipal community centres.

15. Parking facilities ancillary to facilities described in paragraph 14.

16. Municipal facilities used for cultural, recreational or tourist purposes.

17. Municipal general parking facilities and parking facilities ancillary to facilities described in paragraph 16.

18. Municipal housing project facilities.  O. Reg. 603/06, s. 2 (1); O. Reg. 334/09, s. 1; O. Reg. 88/10, s. 1; O. Reg. 290/22, s. 1.

(2) No municipal capital facilities other than those in the classes described in subsection (1) may be granted tax exemptions under subsection 110 (6) of the Act.  O. Reg. 603/06, s. 2 (2).

Notice EVERY ENTITY is owned MUNICIPALLY… not privately by a family business

Any money Aurora Paid Terry Redvers to buy the roof should be closely examined to see if we paid too much!

I discovered Human Relations had serious deficiencies. Normal processes used by every company and government were by-passed. I have that in my FOI from Aurora. I received nothing about the practical hiring practices in 2014-2015. They could not find one document that suggests hiring was done using “normal” processes any town would use. That was their choice to make. It was wrong and caused harm so it was misfeasant to hire on that way.

“Misfeasance in Public Office” is a very clear, strong tort with a long case history in Canadian and British law. 1,283 clear mentions in Canada alone which make very good reading. But since we are based on British law, one can look to the Commonwealth for more examples.

But what is MISfeasance”... as opposed to the similar sounding “MALfeasance”…

In theory, misfeasance differs from nonfeasance, which refers to a failure to act that results in harm to another party. Misfeasance, by contrast, describes some affirmative acts that, though legal, cause HARM. In practice, the distinction is confusing, and courts often have difficulty determining whether harm resulted from a failure to act or from an act that was improperly performed.

https://www.investopedia.com/terms/m/misfeasance.asp

Misfeasance is the act of engaging in an action or duty but failing to perform the duty correctly. Misfeasance refers to an action that is unintentional. However, malfeasance is the willful and intentional act of doing harm.

Malfeasance is any act that is illegal or wrongful. Misfeasance is an act that is legal but improperly performed. Nonfeasance, by contrast, is a failure to act that results in harm. In practice the distinctions between the three terms are nebulous and difficult to apply.

https://www.investopedia.com/terms/m/misfeasance.asp

Politicians and government officials have a wide range of legal choices only they can make. They are legally permitted to take any action or make any statements they wish. But, if that action is wrong, harmful, illegal or both, then the people responsible can be sued. That is why Aurora bought Liability Insurance, for when their employees make legal choices but ending up causing harm.

Q.: Have I been harmed by their legal choice to use police to arrest me?

A.: Yes. And the evidence of that is documented in CANLII. None of that litigation and expense would have happened had Aurora’s men simply made the correct decisions. If they had canvassed the town for 100% pet tag compliance… if they had enforced Ontario School Safety Zones… if they had enforced “No commercial business operations in Canine Commons as they declared on the huge sign at the gates and written INTO THEIR OWN CONTRACTs… if they had made the correct choices then NONE of this would have happened.

Instead of reading the facts, instead of reviewing any “evidence” they simply told Ms McKenzie to call police without knowing what communications had occurred. They liked the idea of silencing me so they looked for a criminal act to claim I committed and they acted on that.

They had multiple choices to make. They could have gone to a court for a Peace Bond. A document signed by me that I would not harass anyone at Aurora. Instead, they assumed me guilty without seeing any evidence of harassment, they had HR and Ms McKenzie phone in to establish an evidence trial for harassment. Her witness was Pat De Sario, a staff lawyer. They took a very definite decision in these things.

But, harm was done. You don’t falsely arrest someone for murder and then get away it by agreeing to a “no contact” order. When you CHARGE someone, you are swearing to tell the truth. And if a complainant like Ms McKenzie swears to facts leading to an arrest and that arrest turned out to be false, that is misfeasance.

I emailed many people at Aurora. Almost all of them at least accepted my suggestions. They did not have me arrested BECAUSE of my suggestions to improve the dog park. Ms. McKenzie DID do that. She made the decision for Aurora to take my suggestions to save money as evidence of harassment. That caused harm when ALL of the charges she initiated put me into the court systems and all of its huge expenses.

But, the huge expense of court matters, whether the charges be true or false, is why they came after me and Bill Hogg and Dick Johnson. They KNEW, or had to know, that once they put a taxpayer into the criminal court system he would be impoverished by the costs of criminal lawyers at $500 an hour.

Over HALF of litigants in Civil courts cannot afford lawyers. If you have not done the math, a $500 an hour criminal lawyer eats up a million dollar RRSP in just 2,000 hours… a single man year of a lawyer and I have been put through this for over FOUR years now. So, even if I once had a million, it would be gone by now. Self representation is actually more common now than being represented.

If I had been able to keep lawyers working for me I would be absolutely broke. Instead, every lawyer I hired was scared off for some reason from challenging anything in Newmarket courts. One paralegal even told my very costly criminal lawyer that I was telling people he was my Small Claims Court counsel.

So intent was the paralegal that she took it on her own to contact my criminal lawyer when she had no legal reason to do so. All the evidence is in hand. She communicated to my criminal lawyer and told him that I was misrepresenting his retainer as being for Small Claims matters, an insult to any lawyer.

This contact with my criminal lawyer from a Small Claim paralegal was indeed her legal choice to make, she made it, but it caused harm (lost another defence lawyer) and therefore that is misfeasance. Legally made decisions which caused harm. I lost my lawyer directly due to her telling him I was in a Small Claims court saying he was my lawyer in that court. That cost me money and other court costs.

To me it is no surprise that just men are in charge. It’s just the facts. And it’s no surprise that when a taxpayer discovers and discusses some bad decisions by these men, and discusses the lost money by these same men, that Aurora would take action to cover up the mistakes. A town will tend to enact ‘silence’ as the solution rather than to take action to correct the mistake. They always try to save “face”, but they do not always try to save money. And so Aurora’s men silenced me with concurrent criminal arrests initiated by their HR Manager.

After all, they did the SAME thing in 2012 under Mayor Morris. They tried to impoverish Dick Johnson and Bill Hogg and were caught bringing a SLAPP, a Strategic Law Suit Against Public Participation. The suit was false and was intended only to cost them money for criticizing town staff. Aurora PROMISED the court it would not re-offend. But it has. It silenced 100% every criticism I had.

I “Participated” publicly when I found my town and my elected representatives acted illegally and in a misfeasant manner in town matters.

Directors recharged with making sure Aurora complies with its own management. The Parks Director needs pet tag revenues to support off leash parks and animal control activities and equipment. Instead of Director Downey making sure Aurora was selling 14,000+ tags a year at $20 each, as Aurora’s Parks Director he used “I had no budget” as the excuse for doing nothing at the park from 2004 to 2018. What he refused to support was the raising of $350,000 a year from pet owners to pay for their parks and their control when lost. He had a choice. He could choose to enact the door to door canvas in the Town policies or he could permit the honour system to prevail. He chose the latter and chose to instead collect just 15% of the 14,000+ tags. 85% or 12,000 tags went unsold. He had a legal right to make choices of how his parks would be funded, and he chose to NOT control the 3 dogs per house and 3 cats per house, any person could buy as many tags as they wanted and no one would know. He also CHOSE that the requirement for a RABIES vaccination was waived. No one needed to get one.

Only one in 7 dogs using Canine Commons will statistically have a pet tag, but there is no way to determine for what year that tag was valid. The Parks Director chose these things and he is responsible for how he executes his job.

It took York Regional Police, the Crown, York Region and private citizens to help, but, the men who run Aurora called all the shots. All of the coordination and all of the evidence used to arrest me was accumulated and actioned by the men of Aurora. They have admitted that all employees of all sexes working for them during the period acted properly at all times. So the men had whoever they needed to help them right on staff. The men.

In November, a trial will be held to determine these facts.

The particular names of Aurora male staff in 2016 through 2020 are important. Aurora and it insurers are on the hook for everything. And for that I am grateful.

Sure, there are other males who were not Aurora employees who helped, and they, too, shall be heard by a jury and we can settle all this.

On January 16, 2023, all of these named men will be among those examined under oath. Their answers will be compared to video and documentary evidence already disclosed. In theory, if their answers conflict with the police videos then we have public mischief. If their decisions on collecting pet tag revenues and hiring for sensitive positions turn out to be wrong, then they are culpable.

You can get copies of everything I described from the court and from that you can figure out the truth. Just search on CANLII and use my name as the search term.

Stand By