Fastpath: Come back in November for the trial, see my last dime squeezed out of my cold, dead hands.
Feature
Is YOUR Resumé Troubling You? – Try A New Story Created By AI
You know the feeling… you spent DAYS updating your LinkedIn resume for that next job application… and it STILL looks boring or embarrassing … what to do?
There is this “special” thing cops do when they see a Thin Blue Line brother struggling with any perp who obviously needs killing.
They “pile on”. In the video, there are 13 people trying to control ONE man. Not all 13 are cops, but they act like them. The human body only has five extremities if you include the head, 6 if you include physical proof of their sex, so right away, you just KNOW 7 or 8 of these people are eventually going to be sitting on organs. And this happens all the time. Then the perp dies.
Forget that if they simply put cuffs on both arms and legs and connect the two sets, he ain’t going anywhere.
it is not enough to show that it is false for the press to be liable for libel. Instead, the target of the statement must show that it was made with knowledge of or reckless disregard for its falsity. Brennan used the term “actual malice” to summarize this standard
… “a clear message to law enforcement officers that illegal methods of obtaining evidence will not be condoned“
The exclusionary rule has been described as a balance between the right to a fair trial and the interests of the community in convicting offenders. But where exactly is that balance is subject to debate. Should the exclusionary rule provide a clear message to law enforcement officers that illegally methods of obtaining evidence will not be condoned? Or should any evidence be allowed to try to get at the truth notwithstanding how it was obtained? The public is concerned about letting guilty people free into their community. But at the same time the public is also interested in promoting the rule of law.
Highlights of Misfeasance Evidence Delivered At Trial June 11, 2019 Onwards
It was a shock to me that I had forgotten some testimony elicited from my own witnesses and those of the Crown. I issued subpoenas … and to be clear, my intent was to not have any interactions with them before trial so they could feign not knowing which documents they had been asked to be ready for.
Across the board, there was crowd-induced amnesia under direct examination by me. As soon as Crown Greg Elder took over, there was a palpable roar as memories suddenly drowned all of us in turn.
Lake Simcoe Conservation Authority Misfeasant
Canine Commons Is On LSRCA-OWNED Floodplains without any permits.
The LSRCA TWICE has made the decision to let a dog park be built soon ITS lands, without any type of permit.
MISFEASANCE
I am the only one negotiating with myself
Each of the 7 arrests from July 14, 2017 through March 4, 2020 would NORMALLY be covered in detail.
But, the Crown witnesses don’t want anyone to know what they said, so you won’t read it here. Just go read the public records.
It matters not what anyone defies in the court’s order, it only matters that you are too poor to hire a lawyer.
Back to our regularly scheduled program… explaining the years 2012-2023
My TEN YEAR “story” may seem confusing since it covers my years of struggles with being an advocate for social change.
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.
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
NO liability insurance policy EXCLUDES any judgement where a criminal act is proven. COMMERCIAL too!
I have the videos.
Insurers will insist my suit go to trial, because they can deny coverage
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.
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]
I guarantee I am the ONLY plaintiff in a lawsuit to ever have been arrested by the lawyers.
Management Summary
I discovered lawbreaking, coverups, lost money and incompetence as I advocated for a new dog park. After that, they shut me up.
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
A law suit helps to prove collusion, MORE than any paper documents, when everyone gangs up.
My accomplishments for my town:
$80,000 committed to gutting and rebuilding a dog park
Exposing contract scams
450 MORE People Exposed in just 3 days to the truth! Thank you, Lisa Queen!
If you want to know what happened, go to any Torstar site and search on my name.
Thank You, Lisa Queen, intrepid reporter of all things done by my town, for sending me 450 NEW viewers in just a few days. I could not have done that on my own,
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…
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 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 my town and its staff in deeper, deeper, and even MORE deeper. Since 2012, all have refused me any support in my various bylaws struggles. They did not tell their lawyers that.
So, tell me, if a man has a problem only his town can solve, and his town refuses to take action… does that man give up? That was their legal choice to make. Tell all staff to just ignore the taxpayer.
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.
“… the Crown Attorney does not need to prove which of the contradictory evidence is false.“.. this is so powerful. Witnesses will have to repeat their fabricated stories told in criminal court story at my civil trial.
People do stuff to make themselves look better than they are all the time, every day.
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… it is encouraged to lie to entrap innocent people.
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!
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 they 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 my town has embraced the idea that citizens can and do react when SLAPP’d or falsely arrested 7 times.
My town’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 monthsAFTER I sued for incompetent police work failing to investigate before arresting me…. York Regional Police arrested me a 7th time with NO investigation… the very basis for my suit., they ALREADY had enough to arrest me on March 4.
And they did that KNOWING they were under suit for improper investigation.
Do I contend it was just because of their crazy moves in March 2020?
No, since July 14, 2017 I have had 36 different detectives on my tail. And that is hard to cover up in my 7,160 documents.
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 anyone fails to declare the relevant document for, say, 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 their 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 my town. They removed them 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.
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.
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 one’s loyalties are… if the claim is proven false… then that person 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. A town is capable of doing that.
My government’s lawyer also testified I should be arrested, twice.
They have all admitted to exactly what they had done. A pseudonym used with abandon became the external representation of the lies. I have documented and tracked it all back to the sources.
I sued for these lies from July 14, 2017 onwards, not for any particular prior physical act. I did not care what anyone 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 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 filed suits in Small Claims, and offered to women in my suits they can settle for FREE just for telling the truth, and they refuse.
And I sued because police O was not asked 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 for $7,000,000 December 18, 2018 for “Misfeasance In Public Office”…
I needed people to know Mayor Morris Was Found Guilty of Silencing Taxpayers (SLAPP) From 2012 to 2013
I was not my town’s first target. aka “My town made legal decisions, but they harmed me and the staff KNEW the harm which WOULD most certainly be done by 7 criminal arrests, and a CONCURRENT $950,000 lawsuit by my town.” 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.
As an opinionated dog owner, I blogged various 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, they first complained to police that I had emailed in just questions.Police arrested me 7 times from July 14, 2017 through March 4, 2020. 26 charges initiated by various people, 24 failed. 2 charges were successful because the witnesses misled the court.
June 12, 2019 – Trial
The truth? I sued for libel May 11, 2018 after I found broadcast lies about me. Those defendants ALL choose to attend a Summary Trial.
June 22, 2019 – Criminal Trial “Regina v. Lepp”
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
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 my town 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
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 anduntil 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
FLOAT Mouse or Finger over image to see the title, CLICK to ENLARGE
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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… New Sports Legacy”
January 13, 2023 I was supposed to be questioned by My Town… they did not have enough documents.
It was testified at my trial that my town arrested me because I sent it “thousands” of emails. I guess none of them raised a question in the minds of four lawyers.
Today, they seem to be displaced.
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 person 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.
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.
My town 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. My town’s lawyer said “Escalate to Superior Court to sue us, we have big pockets.”
If you want to know ANYTHING about any town employee, just type their name into Google search. Maybe add “Sudbury”
And my town used waste fill on the floodplain to build 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 my town, as reflected in a letter to Bill Hogg.
So, they 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.
Everyone Exhibited A Stubborn Refusal to EVER Take Suggestions
The only VOLUNTARY agreement I got in all of the money saving suggestions I made was from my town when it asked: “So what kind of sign does the dog park need?”
The park NEVER had a sign until I suggested it. And that was the first and last suggestion my town implemented in any way.
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. My town twice called police to get me arrested. Twice it 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 my town
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 an agreeable 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. 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 Canada’s decision in Odhavji Estate v. Woodhouse,three main trends are apparent. First, plaintiffs who claim in misfeasance have some procedural advantages,including an exepanded scope of discovery and greater resistance to defendants’ motions to strike.
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.
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.
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.
PRIMARY BENEFIT: TO TAINT THE OFFICER’S ACTIONS AS DELIBERATE
So, how “DELIBERATE” were these people in fact?
My town presumptively approved 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.
My town’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 (my town).”
Police deliberately told me to not talk to my town 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 from Autocorrect on a page written by me was threatening
Police deliberately arrested me despite claiming that my town told him “this (arrest) is NOT what we (my town) wants me to do.”
Police Det. James Ward deliberately tainted the testimony of a witness saying Agreement PKS-011-15 a “contract” in front of a judge because no one got cash for signing it
Lawyers deliberately violated the Law Society ethic requiring them to ALWAYS act in their 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 a client for $0.00 and even no apology. I tried to settle for nothing. There was no response at all.
I was accused of attempting to bribe when I offfered to settle for $0.00.
a Google Business Review of my self employed business destroyed any chance I had of earning an income at my profession.
People complained to police and called for my arrest for staking out a home until owners left, breaking into that home in daylight and killing a dog and repairing the damage, cleaning up a water bowl, and avoiding multiple security cameras, neighbours, a professional dog sitter, and 3 yapping dogs.
Yet others helped by asking police to arrest me for dog murder, break and enter
Police cleared my COMPLETE set of emails ….TWICE.
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. One cop was quite angry about it 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. Elder sent my wallet and coat to Lindsay prison.
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 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 ONE person 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 a paralegal inside 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 lawyers.
Police deliberately entered my home without permission under the guise of “keeping the peace” for the my town water guy who called them in as he checked my back yard for cows being bred for their farts.
A Mayor 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.
A 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”…
My town 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.
My Region deliberately blocked my emails to the courts without notice at the request of My town.
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 my town 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 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.
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.
“This book was suggested to me by a life coach. Wow – worth the cost and the time to read. living your life by a simple code. Go for it – it will change your life.“
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 was to be my examination. No lawyer will permit me to question their clients.
What my town is doing now is telling all the lawyers to not schedule their clients to be examined by me by February 15. They hoped I’d refuse to show up January 13 because none of them had 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 my town 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 “summary” 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.
My town 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 my town, 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 my town 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 “my town” 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) … “my town” and no name of a person. 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 my Town, the corporation, behind the arrests. That meant I do not ever need to even consider that any other individuals may have started this. The cop says my town 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 MY TOWN.” and that says to all. I could not speak to, email or visit ANYONE at the town where I paid taxes for 37 years. $5,000 a year and I cannot complain about garbage, parking or collapsing retaining walls.
My town 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 my town was Complainant #1 of all of them, of course. Who would not? My town phoned them to complain, it 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.
July 12, 2017 before my first arrest July 14, 2017 – the two cops revealed private details of my town’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 people who run my town would approve of this vindictive moveMy town is Complainant #1 for all 7 of the arrests.Approval came from the very top, all the way up to the top politicians and staff.
Certainly, on July 14, 2017 My town 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 my town 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”.
..,.”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.”
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, Local papers and The Star nationally. Rousted in my home by police many days on their whims and the whims of my town. Manipulation by the Crown of my bail terms against the orders of two Superior Court Justices, Fuerst and Dawe.
In 2013, NONE YEARS AGO, My town also UNEQUIVOCALLY promised the people and the courts that it would make sure my townnever again tried to silence residents from publishing their opinions of the Mayor. It said they would have staff trained how to NOT do that. He had been told clearly that my town filed a $6 million suit just to threaten Bill Hogg and Dick Johnson. He wrote Bill a letter of apology:
Master Hawkins: …this (my town’s $6 million suit) was a Strategic Lawsuit Against Public Participation with the intention to silence criticism leading up to (an) election.
The Superior Court of Justice now advises that only the men working for my town or for its voters were responsible for my arrests. Well, not specifically exempted by them is one 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… my town agreed with two police officers on July 14, 2017 that they should arrest me. My town must have agreed. Maybe I will speak of the gun threat call to My town, or maybe I will just use all the documents my town provided from that (undated) call. I have the actual 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, staff called all the shots. They got all my emails asking for the disgusting Canine Commons to be replaced. I was successful 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 my town and the team of volunteers to this day. They do NOT want anyone to see how ALL of its requirements of the volunteers were ignored. There is only one volunteer, the other signatures were a smokescreen.
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 a blind eye to 85% of dogs in my town running around without a mandatory tag.
Not once in my town’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 my town 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. Because, of course, my tonwn 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 town and its and auditors made to NEVER check the performance of revenue sales was theirs to make but it was a bad decision and it caused 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.
My town was harmed because no one did a simple audit of a $300,000 revenue stream. Everyone assumed someone else was in 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 missed out on $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 My Town’s, but in choosing that it need NOT maintain a park where 2 out of 3 homes owns at least one pet, they committed misfeasance. My town did exhaustive annual fact finding on Canadian and Ontario demographics of the number of male children 8-12 needing a pickle ball court, but it failed to fact check ANYTHING about the missing $300,000. It never ONCE thought… “I wonder if we should use the pet tag revenues to build more dog parks for 7,000+ dogs?” It just never thought of it. I thought of it. Why would it not? And since I told them I had thought about it, why would it not THEN research my claims?
It is a fact that my town 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 my town by pointing out that Canine Commons was their ONLY park of 62 that had NO SIGN TO SHOW WHERE IT IS. My town did ask me what type of sign I demanded and I said “whatever you normally install.” Too bad the fancy new signage never got extended to the dog park.
My town 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 my town. 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 My town. It 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. It 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!
My town 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, it committed misfeasance in public office. Even if it tried to enforce it but FAILED, it would be OK. Instead, from 2004 to 2018 it did not enforce a single term of the contract it paid to have designed to protect the Corporation of my town. Deciding, legally, to pay good tax dollars for a contract and THEN to choose to ignore it is misfeasance. It 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. It did not enforce the Town rules forbidding a person from running a business based on free use of a town park. Those were its legal choices to make, but they were wrong, and now, real provable HARM has been done.
If it 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. It made up and posted OUTSIDE all of the rules to be followed inside the fence though. It was its legal right to choose how to follow up on its own rules and contracts. It chose minimal to non-existent enforcement of its own rules. Damage was done to me when I reported a dog bite in writing to it and others. My town made the choice to arres me. Again, damage was done to me. My town was misfeasant.
Of course, at trial, my town will likely argue that it was not up to it, that it was the fault of the volunteers only. My town will argue t acted perfectly and it was ONLY the volunteers who did everything wrong.
But, the jury will see the minutes of Council meetings where the staffrose 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. One 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 my town FAILED to reveal TO EVERYONE – That its contract with Redvers has had him paying Terry Redvers’ education and business taxes of $50,000 annually since 2004 and it wanted that money BACK in its budget to build more pickle ball courts or whatever. Certainly NOT dog parks
So, My town cut a contract, a sweetheart deal for Terry Redvers who was put up as a proxy for the 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 Staff 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 my town 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 staff or to dig deeper through the contract details they already had before they approved the purchase.
Is Staff paying Redvers’ education taxes for the Tennis club too?
This premise, that the Sports Dome was a Municipal Capital Facility of My town, existing ONLY for the benefit of residents, was false, and that is easily proven once we learned my town 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 my town ownership of the entire business, excepting MAYBE the actual roof IF that was leased, rented or not purchased.
At the end of the contract, MY TOWN 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 my town follows LSRCA rules on the flood plain.
My town 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 my town 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, my town’s favourite park. It can send Works equipment to the Arboretum out the back gate of the JOC. <y town’s massive greenhouses are used for Xmas flower baskets ot could buy cheaper than it can grow them.
Allowed an INDOOR sports facility, Redvers’ Aurora Sports Dome, be erected ON THE FLOOD PLAIN
Turn a blind eye to my town 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 my town installed in 2004. Dog owners posted a 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 my town 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 the late ex-Mayor, Evelyn Buck, an extremely dedicated citizen who kept it because it was so shady (my words paraphrasing her opinion) … great for Terry and staff, bad for taxpayers because Terry Redvers for 15 years or more ALONE took the profits after my town paid all HIS expenses, drained it, air conditioned it, lit it up… and paid the high costs of air-conditioning and other summer utilities.
My town 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. My town 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)
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 My Town Paid Terry Redvers to buy the roof should be closely examined to see if we paid too much!
I discovered staff had serious deficiencies. Normal processes used by every company and government were by-passed. I have that in my FOI from my town. 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.
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.
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 my town 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 my town’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 staff 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 Aurmy town. 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 wasa 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 my town swears to facts leading to an arrest and that arrest turned out to be false, that is misfeasance.
I emailed many people at my town. Almost all of them at least accepted my suggestions. They did not have me arrested BECAUSE of my suggestions to improve the dog park. Just my town DID do that. It made the decision to take my suggestions to save money as evidence of harassment. That caused harm when ALL of the charges it 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. My town 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 Claims court paralegal was indeed its 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 a person 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 my town 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 my town silenced me with concurrent criminal arrests initiated by their Staff
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. My town 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 were charged with making sure my town complies with its own management. Staff need pet tag revenues to support off leash parks and animal control activities and equipment. Instead of my town making sure it was selling 14,000+ tags a year at $20 each, it used “we had no budget” as the excuse for doing nothing at the park from 2004 to 2018. What it refused to support was the raising of $350,000 a year from pet owners to pay for their parks and their control when lost. It had a choice. It could choose to enact the door to door canvas in the Town policies or it could permit the honour system to prevail. It chose the latter and chose to instead collect just 15% of the 14,000+ tags. 85% or 12,000 tags went unsold. It had a legal right to make choices of how its parks would be funded, and ithe 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. It 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. My town chose these things and it is responsible for how it executes its job.
It took York Regional Police, the Crown, York Region and private citizens to help, but, the men who run my town 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 my town. 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. That is a solid fact sayeth the justice.
The particular names of male staff in 2016 through 2020 are important. My town and its insurers are on the hook for everything. And for that I am grateful.
Sure, there are other males who were not employees who helped, and they, too, shall be heard by a jury and we can settle all this.
On and after 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.
