Thanks, DT. PD made weird statements then for for a white S.A.
I was tempted to contact Merlyn McNutt, also in that class, an ancient Cdn CO, whom I've known forever (VERY nice guy).
berrygerry
JoinedPosts by berrygerry
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Judge reprimands lawyer for failing to disclose connection to church
by aposta-Z ini saw this link on facebook (thank you watchtower uncensored):.
http://www.canadianlawyermag.com/legalfeeds/985/judge-reprimands-lawyer-for-failing-to-disclose-connection-to-church.html .
a witness and a lawer.
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berrygerry
Haven't found a follow-up on this case, as it was appealed by WTS.
The result is summarized here: http://estatelaw.hullandhull.com/2014/02/articles/uncategorized/sawdon-estate-v-sawdon/
Sawdon Estate v. Sawdon
By Hull & Hull LLP on February 11, 2014 Posted in Uncategorized
Earlier this month the Ontario Court of Appeal released it’s decision in Sawdon Estate v. Sawdon. The decision provides an interesting discussion on cost awards in estate matters and in particular on the right of an estate trustee to be indemnified for the legal costs they incurred. I recently did a podcast with David Smith on this decision which should be posted today, but I think the case is worth further consideration.
I will briefly summarize the facts in this case below. The deceased, Arthur, was survived by his five children. Prior to his death he transferred seven bank accounts into joint ownership with a right of survivorship with two of his sons. The total value of the accounts was slightly over $1 million. He told his sons that upon his death the money was to be divided amongst his five children equally. He also left a Will which provided for specific bequests to his children and the residue to go to a charity called the Watch Tower. His son, Wayne, was appointed estate trustee. At trial, the Watch Tower argued that the bank accounts were held on a resulting trust for the estate. Wayne and the other children of the deceased took the position that the accounts were not estate assets. At trial, the Court found in favour of the estate trustee and beneficiaries and ordered the Watch Tower to pay the costs of the estate trustee on a partial indemnity basis. Wayne sought an order that the balance of his legal costs be paid out of the estate. The trial court declined to make that order. The Watch Tower appealed the decision, including the costs order. The estate trustee cross-appealed arguing that he should be indemnified from the estate for any costs not recovered from Watch Tower. The Court of Appeal dismissed Watch Tower’s appeal and granted the estate trustee’s request for indemnification from the estate. They reviewed the basic principles with respect to cost awards applicable in the circumstances. In particular, they discussed the case law which provides that an estate trustee should be indemnified for his or her legal costs out of the trust unless they have (i) acted unreasonably or (ii) acted in their own self- interest. In my opinion the most interesting part of this decision is the point made by the Court of Appeal that although Wayne took a position that the bank accounts were not part of the estate, and therefore he was not trying to enlarge the estate assets, the litigation did benefit the estate and he was not acting in his own self-interest. Rather, he was fulfilling his duty as ab estate trustee to verify the assets of the estate and to ensure that the testator’s wishes were carried out. The Court of Appeal was not troubled by the fact that Wayne stood to benefit in his personal capacity if the bank accounts passed outside the estate. They also said that the estate trustee had an obligation to present evidence in his knowledge about the deceased’s wishes, and it would not have been proper for him not to advance such evidence and remain neutral in the proceedings. Finally the Court of Appeal said that they saw no problem with making a “blended” costs award, where multiple parties pay a certain portion of the costs award. In reaching its decision, the Court emphasized that if estate trustees are faced with the prospect of personally paying costs, then more people will decline such appointments and more estate trustees will avoid bringing proper matters before the Court. This case should bring some comfort to estate trustees as it provides further authority for the proposition that estate trustees should ordinarily be fully indemnified for their legal costs out of the estate.
Thanks for reading!
The court record is here: http://www.canlii.org/en/on/onsc/doc/2012/2012onsc4042/2012onsc4042.html?searchUrlHash=AAAAAQAHamVob3ZhaAAAAAAB
Prior to TTATT, one would never have believed the depth of lying that WTS would go to grab cash.
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Jehovah's Witnesses win partial victory over gated communities. Too little too late?
by Balaamsass2 inmonday, november 24, 2014last update: 1:00 pm pt.
jehovah's witnesses win community access case.
by jack bouboushian .
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berrygerry
Sorry, when was this decision made?
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They didn't get away with this one
by berrygerry inat least they didn't get away with this one.. he was convicted, despite wts extreme efforts to quash a search warrant.. (a pity that the us has crazy "religious privilege" rules - canada is far more sensible)/.
http://www.canlii.org/en/bc/bcsc/doc/2007/2007bcsc1455/2007bcsc1455.html?searchurlhash=aaaaaqahamvob3zhaaaaaaab.
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berrygerry
At least they didn't get away with this one.
He was convicted, despite WTS extreme efforts to quash a search warrant.
(A pity that the US has crazy "religious privilege" rules - Canada is far more sensible)/
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Another dandy Cdn JW
by berrygerry inwhoa.. https://translate.google.com/translate?sl=fr&tl=en&js=y&prev=_t&hl=en&ie=utf-8&u=http%3a%2f%2fwww.canlii.org%2ffr%2fqc%2fqctaq%2fdoc%2f2012%2f2012canlii92987%2f2012canlii92987.html%3fsearchurlhash%3daaaaaqahamvob3zhaaaaaaab&edit-text=&act=url.
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berrygerry
Then we inherited colony rights of usage.
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Does anyone waste the court process more than JW's?
by berrygerry in[3] ms. lohmeyer is a member of the jehovahs witnesses.
while she was unable to confirm that the central beliefs or articles of faith of the jehovahs witnesses include a prohibition against joining or providing financial support to a trade union, she testified that she personally objected to the fact that a portion of the dues that she would be required to remit might be used by the union to support a political party.
ms. lohmeyer stated that she believed this to be in violation of purported biblical injunctions against supporting organizations that might become involved in conflict.. .
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berrygerry
Mrs. Sorenson asks that I vary the order I made as to costs
in her favour by awarding costs as between solicitor and client.
I accede to that request. The organization argues that the
intervention of Mrs. Sorenson was unnecessary. But the Court,
quite properly under the circumstances, accorded her standing in
the proceedings. The position of the organization that she should
be deprived of costs borders on the ironic given that the
organization maintained the litigation in the name of Mr. Lawson
to advance their own interests. Moreover, counsel for the
organization made efforts to prolong the litigation and thus
greatly increase costs on grounds which were entirely irrelevant
to the issue raised in the petition, namely jurisdiction.
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Does anyone waste the court process more than JW's?
by berrygerry in[3] ms. lohmeyer is a member of the jehovahs witnesses.
while she was unable to confirm that the central beliefs or articles of faith of the jehovahs witnesses include a prohibition against joining or providing financial support to a trade union, she testified that she personally objected to the fact that a portion of the dues that she would be required to remit might be used by the union to support a political party.
ms. lohmeyer stated that she believed this to be in violation of purported biblical injunctions against supporting organizations that might become involved in conflict.. .
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berrygerry
[3] Ms. Lohmeyer is a member of the Jehovah’s Witnesses. While she was unable to confirm that the central beliefs or articles of faith of the Jehovah’s Witnesses include a prohibition against joining or providing financial support to a trade union, she testified that she personally objected to the fact that a portion of the dues that she would be required to remit might be used by the Union to support a political party. Ms. Lohmeyer stated that she believed this to be in violation of purported biblical injunctions against supporting organizations that might become involved in conflict.
[4] Ms. Lohmeyer stated that she objected to joining any trade union that required a pledge of allegiance as she viewed it as anathema to the concept that there is only one kingdom, that being the kingdom of God. Ms. Lohmeyer further objected to the payment of dues to the Union because she believed that it made political donations. She said that because of her religious beliefs she does not belong to any political party and does not vote in governmental elections.
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Another dandy Cdn JW
by berrygerry inwhoa.. https://translate.google.com/translate?sl=fr&tl=en&js=y&prev=_t&hl=en&ie=utf-8&u=http%3a%2f%2fwww.canlii.org%2ffr%2fqc%2fqctaq%2fdoc%2f2012%2f2012canlii92987%2f2012canlii92987.html%3fsearchurlhash%3daaaaaqahamvob3zhaaaaaaab&edit-text=&act=url.
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berrygerry
He recalled that Mr. Z.P. then gave he and his wife counsel with respect to forgiveness and urged them to consider Mr. P.D.’ good works as repentence.
This was a question of mine some time ago. Is repentance indicated by a spurt of "spiritual" activity? Apparently yes.
In the pic above, P Davis is on the right , end of row, 3rd row from the back .....(Of course that might not be our perp.)
He is the only P.D. (short for pedophile ???)
Weird that he is from Africa - could be South African - but the outrageous statements about his culture's attitude towards showing affection to children doesn't sound like the Dutch I know.
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berrygerry
They lived in Brantford until March 1970, when they were invited to a church school in New York where missionaries were trained. This training took 5 months and when it was concluded in September of 1970, the church sent them to Paraguay as missionaries.
The WT Library has Gilead graduating in Nov 1 WT, but the Library does not have the photo of the class. (Maybe they hadn't started publishing the photos back then.)