| Commentary |
| September 28, 2011 |
| Glen P. Robbins
1355 Honeysuckle
Coquitlam, BC
V3E 2N6 |
| BC Supreme Court Chief Justice Bauman,
800 Smithe Street,
Vancouver, BC
V6Z 2E7
Fax: 604 660 0623 |
| Attention: Mr. Justice Bauman |
| Dear Sir: |
| Re: Robert Ellis and BMO Bank of Montreal S-105137 |
| Please refer to Amended Petition and Amended Response to Petition under BCSC Action No. S-105137 and H101527. In addition please note that a Notice of hearing has been scheduled for this matter by Robert Ellis for BMO Bank of Montreal for October 6, 2011 for fifteen minutes while another (MIC) was initially set for five minutes. I have deemed my requirements for time under H101527 to be two hours and further provided a Jurisdictional Response that a Master did not have jurisdiction. A date has been set in February to hear this. I wonder if I don’t show on October 5, 2011 if an Order will be given in my absence even though the real hearing date is five months hence? Perhaps you might clarify this for me? I would suggest that S-105137 is no different a circumstance than H1010527. |
| I spoke with Chambers this morning and the employee there informed that this hearing S-105137 is scheduled for “15 minutes”. I have indicated that if it was necessary to proceed it would take much longer than that and will provide documentation taking the position that it will require 2 hours from my side. Civil Chambers indicated that even in light of 2 hours (a matter for Trial Scheduling) we should “just attend to the hearing and let the (busy) Master figure it out.” I provide you this letter in context to your NOTICE of measures to address problems with Chambers at VLC (Vancouver Law Courts) dated September 19, 2011. Apparently, Mr. Ellis for BMO Bank of Montreal and Brian Markus (MIC Investments) did not receive this NOTICE. |
| Counsel for BMO Bank of Montreal did not bother to consult with me over possible dates knowing full well the issues relating to the matter on reserve with Justice Grauer presently- instead unilaterally imposing this one on me. A review of the legal ethics on the website of The Law Society of BC with respect to a lawyer’s duty to the courts, and to other parties-makes the conduct of the people nearly ridiculous.
I also write this letter on the basis that this hearing has wider and potentially dangerous implications for the integrity of the court system, a problem I am not entirely sure that the system can endure following public calamities such as the BC Rail case, the current problems relating to the Stanley Cup riot, and the federal Conservative governments recent flurry of new crime law in the face of our own provincial courts (which I tied to your courts via family law), which apparently have less infrastructure and human resources than those provided over the last decade to Afghanistan. |
| Please note that the Amended Petition to the Court was filed by Robert Ellis on behalf of his client BMO Bank of Montreal on August 17, 2011. This filing date preceded the hearing of Glen P. Robbins v The Law Society of British Columbia (BCSC 111171) on September 8, 2011 with the decision from this date currently under reserve by BC Supreme Court Justice Grauer. The Bank of Montreal had an opportunity given the knowledge they have been provided with -- vis-à-vis Justice Grauer’s reserved decision from September 8, 2011 -- to delay the hearing of this matter until such time as the matter before Justice Grauer have been heard and due process pursuant to the BC Supreme Court Rules following this decision -- had been exhausted. |
| During the day long trial before Justice Grauer I made submissions with respect to Section 15(1), (4), and (5) of the Legal Professions Act which the Law Society purports to oversee.
In that matter, The Law Society of BC took the position that 15(4) of the Act preclude anyone who is not a lawyer from representing any other person except themselves. |
| My evidence included 2 Power(s) of Attorney from family members provided under BCSC 106413 which I submitted before Justice Grauer under BCSC 111171 - made those family members who donated the PA’s to me, self litigants through 15(1) through me – ‘clones’ if you will and thus self litigants de facto. The Law Society of BC cited Bryfogle - a case in which a person acted with Powers of Attorney but was received payment for his efforts, which was a breach of a different section of the Legal Professions Act, most specifically the Practice of Law, a fact that Justice Grauer made note of and commented on to Elizabeth Lyall legal counsel for The Law Society of BC. |
| Justice Grauer has reserved Judgment on a matter which has little history assigned to it and could be ground breaking law, potential meal for consideration from either myself or the Law Society of BC for future Appeal, possibly to the Supreme Court of Canada, particularly in light of Supreme Court of Canada Chief Justice Beverley Mclachlin’s concern about $350 per hour average cost for lawyers being out of reach of average Canadians, her concern about the lack of pro bono law in place nationally, and my knowledge that The Law Society of BC has taken no position of activism on this matter of pro bono work among BC lawyers, the implications of which are not ameliorated any by the fact that monies for legal aid have dried up in this province. I would also acknowledge your own assertions on the record with respect to the matter of nearly 30% self litigants using the courts time. |
| It should be clearly established owing to the fact that the matters of the Powers of Attorney for which Justice Grauer has reserved pursuant to 15(4), are essential elements of BCSC 106413 a civil matter which encompasses many parties, and has potentially sweeping implications for both Mr. Ellis and his client – the defendant in that case BMO Bank of Montreal and naturally to BCSC S-105137 the more central subject and catalyst of this letter to you. |
| Mr. Ellis, on behalf of his client BMO Bank of Montreal has advanced this 15 minute hearing before a Master involving many of the same issues on which Justice Grauer has reserved from an entire trial. |
| I don’t believe Mr. Ellis and his client BMO Bank of Montreal are acting in good faith. Instead, I would assert their actions constitute extreme bad faith. I will attend the hearing October 6, 2011 if I am made to, with fresh new Powers of Attorney in hand and once either party speaks – another cause of action occurs. |
| Imagine for one brief sterling moment how many times we have heard former Judge and Attorney General Wally Oppal and every other politico in the province speak of a matter being “before the courts”. The Trial involving myself and The Law Society of BC on September 8, 2011 at Vancouver Law Courts are not only before the court, they have been heard at Trial and a decision is reserved. Clearly Robert Ellis and BMO the Bank of Montreal could care less about what BC Supreme Court Judges do or don’t do – they do as they please – like Big Ernie from the movie Kingpin – they are apparently above the law. |
| What is Mr. Ellis going to do when we attend for his 15 minutes? Will he ask the Master to deal with the Powers of Attorney and my attendance, whilst – Justice Grauer is dealing with this matter on reserve, a matter which needs to run its judicial course, whatever the Rules permit?
Or will Mr. Ellis take the position not to argue the position of the Powers of Attorney and place his previous plethora of protestations and actions against my attendance into the dank dim light of bad faith and further enhance our cause of action against him – and damage the reputation of the courts in the process? |
| Or will Ellis tell the truth – and simply tell the Master about the situation with Justice Grauer? (Unlikely). |
| Let me be clear here – until such time as the matter before Justice Grauer has run its judicial course – any other matters with elements of that case in it - ought to be on hold. If as much as one word is spoken in Court Chambers (or even the court washrooms) - through any related matters while BCSC 106413 is still being litigated, and the matter of complaint against a Judge is before the Canadian Judicial Council, specifically S-105137 and H101527, another complaint will then head east to the Canadian Judicial Council – (with an additional letter reflecting my concerns that BC has no Attorney General), with all of these matters destined for the BC Court of Appeal as well. |
| (If this doesn’t compel some ethics in the courts – we do research ROBBINS style). |
| Lastly, on Bill Good’s show on CKNW yesterday I made reference to you of the potential implications for Judicial Independence with the rise of politics in law. I referenced the fact that Lay Benchers appointed in the Province of British Columbia pursuant to the Benchers Act at present time all have direct or indirect ties to the governing BC Liberal party. One recent Lay Bencher is/was Ken Dobell, a convicted criminal. |
| I referenced the most recent appointment to the BC Judicial Council responsible for selecting Judges for the Bench - who is also a donor to the BC Liberal Party. You indicated on Bill Good’s CKNW talk show that you thought that politics in the law was a good thing – though no reference was made by you with regard to supporting an election of Judges in the province. |
| I don’t agree that politics in the law is a good thing. If you’re going to have politics in the law – let’s be honest and transparent enough to hold an election. Even as Justice Grauer alluded during submissions to the matter of lawyers Judge-shopping, I am very concerned after the debacle involving Justice Adair in BCSC 106413 – that this could get really stupid – fast if such shopping is made available to the lawyers and their clients in the circumstances I have cited or in any other similar situation. |
| I believe that Mr. Ellis’s (a political candidate in Law Society of BC elections) is displaying complete disregard and lack of respect for the courts on behalf of his client BMO Bank of Montreal. This leads me to your comment on CKNW that complaints about the court are displays of cynical attitudes. I disagree with you here as well. I believe the people of British Columbia lack confidence in our judicial system. It is my opinion that your rendition on public opinion is absent accountability as cynicism suggests that people belief that that person in the legal system are motivated by “base and selfish concerns.” A person could be personally “base” but still be competent. |
| A lack of confidence suggests that the actors in the system may not be very good at what they do and that is another kettle of fish entirely (especially at $350 per hour on average). |
| Respectfully yours, |
| Glen P. Robbins |
| CC |
| Canadian Judicial Council
Ottawa, Ontario
K1A OW8
613 288 1575 |
| Supreme Court of Canada,
301 Wellington Street,
Ottawa, Ontario
K1A OJ1
613 996 9138 |
