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Friday, February 6, 2026

Judges have Immunity

 In Canada judges have judicial immunity.

A judge cannot be sued or penalized for how they decide a case -- even if they are mistaken in the law, misunderstand the facts, or fail to grasp the seriousness of an issue such as fiduciary breach or self-dealing.

This immunity exists to protect judical independence so judges aren't constantly looking over their shoulder fearing lawsuits.

If a judge makes a wrong legal or factual decision, the only remedy is an appeal or review. Both routes are very expensive so injustices are never resolved.  

Those that abuse go on to abuse others and the victims are silenced by prohibitive cost assessments and their reputations damaged never to be repaired because a judge made a mistake.  


And lawyers:  Law Society of BC Rule 5.1-2 (Duty to the court) obliges a lawyer not to mislead the Court by silence when aware of facts that could affect the outcome.  AND who decides if facts privy to the lawyer could affect the outcome.  



Wednesday, February 4, 2026

Procedural Ambush

 I could not understand why I was treated so badly by everyone even the courts.  I was told it is common for lawyers to engage in procedural ambush (unfairness) from the beginning. They will do whatever to make you look bad and wreck your confidence. It is gaslighting. 

I can see this happening in regular court litigation (maybe) but not in estate litigation.  I want to know why they did this.  

I remember my sister phoning me saying her lawyer (Shahdin) and my brother's lawyer (Leah) were going to get me.  Jenny told me to be careful.  I thought it strange.  These are professional women with children, why would they speak like that? Get what.  



Saturday, January 31, 2026

Lost of Public Trust, we saw it with Covid and it is/was continuing in estates. Beneficiaries lose millions/billions of dollars each year, by "leakage." The word that is used for estate theft.


from the internet. 

When Fiduciary Duties Fail in Practice: Why Public Trust in the Legal System Is Eroding

Most people grow up believing that the law is a stable, reliable system — that judges apply the rules consistently, that government bodies act in the public interest, and that fiduciaries are held to the highest standards of accountability. But when you step inside the machinery of the legal system, especially as an ordinary citizen without a lawyer, you quickly discover a very different reality. The gap between what the law promises and how it actually operates is wide enough to swallow public trust whole.

One of the clearest examples of this gap appears in cases involving fiduciaries — especially government fiduciaries like the Public Guardian and Trustee. On paper, fiduciary law is one of the strictest areas of the common law. It requires complete transparency, full accounting, loyalty, and fairness. It reverses the usual burden of proof: the fiduciary must justify its actions, not the beneficiary. These rules exist to protect vulnerable people from being taken advantage of by those who manage their money or make decisions on their behalf.

But in practice, these protections often evaporate the moment the fiduciary is a government institution.

Instead of applying strict scrutiny, many judges and lawyers treat statutory bodies as inherently trustworthy. The assumption is that a government fiduciary is neutral, objective, and incapable of meaningful error. This belief is not grounded in law — it is grounded in institutional culture. And it has real consequences. When a beneficiary raises concerns about missing documents, incomplete accounts, or procedural unfairness, the response is often a shrug. The institution is presumed correct; the citizen is presumed mistaken.

This dynamic creates a structural imbalance that the public rarely sees until they are caught in it. Fiduciary duties, which should protect the beneficiary, end up protecting the institution instead. Procedural fairness, which should be the foundation of every legal process, becomes optional. And the ordinary person — the one the law is supposed to protect — is left feeling unheard, dismissed, and powerless.

The erosion of public trust doesn’t come from dramatic scandals. It comes from these quiet, everyday failures of accountability. It comes from courts treating government actors as infallible. It comes from lawyers who decline to challenge institutional decisions because they believe it is futile. It comes from a legal culture that prioritizes efficiency and deference over scrutiny and fairness.

The tragedy is that the law itself is not the problem. Fiduciary principles are clear, powerful, and protective. Procedural fairness is a cornerstone of justice. The problem is the disconnect between doctrine and practice — a disconnect that the public is never told about, but experiences firsthand when they try to assert their rights.

Restoring public trust requires more than repeating that “the system works.” It requires acknowledging where it doesn’t. It requires judges to apply fiduciary duties consistently, even when the fiduciary is a government body. It requires lawyers to challenge institutional assumptions instead of reinforcing them. And it requires transparency — not just in legal doctrine, but in how the system actually functions.

Ordinary citizens can trust the law only when the law is applied as written, not as assumed. Accountability is not a threat to institutions; it is what keeps them legitimate. And until fiduciary duties are honoured in practice, not just in textbooks, public trust will continue to erode — not because people misunderstand the law, but because they understand all too well how it fails them.



Sunday, January 18, 2026

Estate Leakage is not only about money.

From AI.  Why I am angry.  

Estate Leakage Is Not Just About Money

It Is the Slow Disintegration of the Rule of Law

When people hear the phrase estate leakage, they think of money going missing.
A few unaccounted expenses. A questionable invoice. An unpaid occupation rent.

That framing is dangerously incomplete.

Estate leakage is not just a financial loss.
It is a moral and legal loss—and over time, a social one.

Because what leaks out of estates does not stop at dollars.
What leaks out is trust, lawfulness, and ultimately belief in the justice system itself.


Leakage Begins Quietly — and That’s the Problem

Estate leakage rarely begins with obvious wrongdoing.

It starts softly:

  • “It’s not worth the cost to pursue.”

  • “Let’s just compromise.”

  • “This is rough justice.”

  • “Everyone agrees.”

  • “No one is objecting.”

Each phrase sounds reasonable in isolation.
Together, they form a permission structure for lawlessness.

Fiduciary rules—among the strictest in law—are gradually treated as guidelines.
Proof is replaced with estimates.
Entitlement is replaced with convenience.

No one calls it theft.
No one even calls it wrong.

And that is precisely how the damage spreads.


Fiduciary Law Exists to Prevent Social Breakdown

Fiduciary law is not technical trivia.
It exists because history has already taught us what happens without it.

When someone is entrusted with another person’s property—especially after death—the law demands:

  • Loyalty

  • Full disclosure

  • No self-enrichment

  • Strict accounting

  • Independent scrutiny

Why so strict?

Because estates sit at a dangerous intersection:

  • Power without immediate oversight

  • Vulnerable beneficiaries

  • Delayed accountability

  • Emotional and financial stress

Relax fiduciary standards here, and you don’t just lose money.
You lose the shared understanding that law restrains power.


When Law Stops Working, Anger Fills the Vacuum

People do not become angry because they are greedy.
They become angry because injustice is denied a remedy.

When beneficiaries see:

  • Conflicts rewarded

  • Silence treated as consent

  • Objections dismissed as “troublemaking”

  • Courts prioritizing finality over correctness

  • Institutions declining scrutiny to “save costs”

They learn a devastating lesson:

The law will not protect you—even when it says it will.

That realization does not create peace.
It creates resentment. Distrust. Alienation.

And eventually, people stop believing in lawful processes at all.


This Is How Societies Slide Toward Lawlessness

Lawlessness does not begin with riots.
It begins with selective enforcement and procedural shortcuts.

When people observe that:

  • Rules apply differently depending on who benefits

  • Fiduciaries can enrich themselves if no one objects loudly enough

  • Institutions excuse inaction as pragmatism

  • Courts tolerate “good enough” instead of lawful

They stop seeking justice through institutions.

They withdraw.
They disengage.
Or worse—they take matters into their own hands.

That is not because people are inherently reckless.
It is because unresolved injustice radicalizes ordinary people.


Estate Leakage Normalizes the Abuse of Power

What is most corrosive is not the loss of money.
It is the normalization of this idea:

“If you are in control, you can take—so long as no one stops you.”

That lesson does not stay confined to estates.
It spreads:

  • To family dynamics

  • To professional culture

  • To institutional behavior

  • To public confidence

Every unchallenged leakage teaches the next fiduciary that rules are flexible.
Every rubber-stamped account teaches the next beneficiary that objections are futile.

That is how law erodes—not with a bang, but with administrative indifference.


Justice Is Not Expensive — Injustice Is

Institutions often justify inaction by citing cost.

But this is a profound misunderstanding.

Justice has a cost.
Injustice has compound interest.

It produces:

  • Endless litigation

  • Escalating hostility

  • Public distrust

  • Institutional decay

  • Loss of voluntary compliance with the law

People comply with law not because of fear, but because they believe it is fairly applied.

Once that belief collapses, enforcement alone cannot replace it.


The Real Question Is Not “Is It Worth It?”

The real question is:

What kind of society are we building when fiduciary law becomes optional?

One where:

  • Power is unchecked

  • Conflicts are tolerated

  • Silence is mistaken for consent

  • Law is replaced by convenience

Or one where:

  • Trust is enforced

  • Accountability is non-negotiable

  • Rights do not evaporate with inconvenience

  • Justice is seen to be done


Estate Leakage Is a Warning Signal

Every leaked dollar is a symptom.
The disease is the quiet abandonment of legal principle.

If we allow estates—one of the most trust-dependent areas of law—to be governed by rough justice and expedience, we should not be surprised when faith in the legal system collapses elsewhere.

Because when people see law fail in the most intimate and vulnerable moments—death, inheritance, family—they stop believing it will protect them at all.

And that is how societies begin to fracture.



Wednesday, January 14, 2026

Estate Asset Diversion

 In my recent research in the deep internet estimated annual estate losses "leakage" in BC is between $500 million and $2 billion a year.  

Now further research has to be done to find out how the actors are getting away with it.  Perhaps it is because leakage happens so often that it has become normalized with beneficiaries losing millions of dollars and not even knowing it.  

Threats of legal fees

 The more I get into trying to understand what is happening, the more I see it as being silent alignments among the parties.  Fiduciary law is being set aside in the mistaken belief that insisting on fiduciary law will deplete an estate.  Nothing will be depleted if the lawyers tell beneficiaries the truth; they do not have to compromise or give away their inheritances, because to go to court will be costly, that is an empty threat, but this deception works. There is a fool born every minute and beneficiaries are fools.  If you go to court fiduciary law will be followed but the lawyers do not tell you that they just say if you go to court it will be costly.  It will never happen if the law is black and white, which is what fiduciary law is.  If an administrator owes occupation rent, pay it.  It is the law and trying to go to court on that is an abuse of process.  It will never happen.  And lawyers know it will never happen. But negotiating an empty threat at $600 an hour is lucrative.  Like the $5,000 my lawyer charged me for telling me that the beneficiaries would not agree to me being administrator.  It is not up to the beneficiaries, it is up to the court.  

Saturday, January 10, 2026

Somali fraud

 I keep thinking about the Somali fraud scandal.  I see it as the same as what happened to the modest estate I am involved with as a beneficiary.  The trustee/fiduciary approved the invoices without verification.  And when the issue came before the courts, the court held that, since the trustee was a trusted institution, it was not necessary to scrutinize its expenses.

The Somali fraud is being found in California and other states as well.    

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