My brother (6)

 From searching the internet.  

Why False Affidavits in Probate Go Unpunished — and Why That Should Concern Us All

In Canadian law, swearing a false affidavit is supposed to be a serious offence — it’s called perjury, and it’s a crime under section 131 of the Criminal Code. But if you’ve ever been involved in an estate dispute, you may have noticed something strange: even when someone lies under oath, nothing happens.

This isn’t a rare occurrence. In probate litigation — where family members are often battling things perceived or real.  — false affidavits have become commonplace. People swear statements that are knowingly misleading or outright untrue, often to tilt the court process in their favour. And yet, no one is ever charged.

That’s not because the law doesn't apply. Perjury technically applies in civil cases, including estate matters. But in practice, the system turns a blind eye. Prosecutors don’t lay charges. Judges don’t refer matters for investigation. Lawyers may raise an eyebrow, but few take formal steps. The lie gets absorbed into the process, like a stain no one bothers to clean. And the lie is believed.

The result? A quiet but dangerous message is being sent:

If you’re in probate court, and you think lying might help — go ahead, especially if your lawyer present the lie in an affidavit, so you rationalize it must be okay.

This is devastating if you have your own lawyer or not. Without the resources to have your lawyer prove it, hire investigators or cross-examine professionally, the lie becomes nonconsequential.  Even when the falsehood is obvious, the court will call it a “credibility issue” or a “misunderstanding” rather than what it really is: a calculated abuse of the system.

This isn’t just a problem of legal technicality. It’s a problem of principle. When people can lie in sworn affidavits without consequence, as it is a civil lie rather than a criminal lie, the very idea of justice starts to erode. Truth becomes optional. The courtroom turns into a battleground where strategy beats honesty — and that’s not a justice system. That’s a game.

Probate litigation is already emotionally and financially exhausting. But when the courts tolerate false sworn statements — especially from those in positions of advantage — it deepens the unfairness. And it tells the public that the law doesn’t apply equally, even when it should.

It’s time to name this problem for what it is. If perjury isn’t enforced in probate, then let’s be honest and say so. But if we still believe in the importance of truth in the courtroom, then the justice system must prove it — not with words, but with action.

My brother (5)

 In my brother's affidavit he swore that I was a prolific litigator.  He cites a number of court files I had (46). I do not recognize most of them, maybe actions were started and never served on me.  Or maybe there are more than one Audrey Laferriere in Vancouver.  One was a bankruptcy.  I was never bankrupt. Leah filed a  document re this estate (dispute notice) and it was never served on me. Later after I discovered it six months later I asked Ron about it and he said he did not know anything about it. So it happens. Same with Jenny, her lawyers signed documents which she did not know about.

When I read the paragraph about me being a prolific litigator, I was dumbfounded.  How low can Leah get.  For what reason I do not know.  I suspect it was to tell the court that since I was such a prolific litigator, I would know what I waa doing to make sure that Ron did not get his inheritance as I knew how to delay the probate. Therefore it was planned that I pay special costs. And who is to pay for this stupidity, of course, me, as my application was dismissed because I did not follow court rules.

I remembering asking for an adjournment and I was given two days, not enough time to counter Ron's and Jenny's affidavits. But when Candace wanted an adjournment, a one month adjournment was given. Jenny's affidavit was 56 pages long and Ron's 9 pages. I also was terribly ill during this time and had to travel by bus from Vancouver to Kamloops and from Kamloops to Vancouver and then from Vancouver to Kamloops.. There was no way I could have done what had to be done within two days. The learning curve would take me at least two months. I would also have had to produce a binder that was 151 pages long 4 copies with a cover page, 11 tabs, index. Try to do that when you do not even have a proper printer/photocopy machine.  A binder for the court contains all documents that have to be in a three-ring binder and must be delivered two days before the hearing. I am in Vancouver and the registry is in Kamloops. Impossible.

I note on the first page (the style of cause) I never cited Rockey's name. I do not know how the probate  registry could have filed it.  The most important party is not mentioned. If I really knew what I was doing I would have included Rockey's name in the style of cause.

All this over three assets.  A fee simple property, a customized van, and monies in a trust account.  

My brother (4)

 I have never been good at puzzles, jokes, or interpreting subtle hints.  I did not understand why my brother would swear in an affidavit that I hated him and I wanted to delay the probate so he would not get his inheritance in a timely way.  I do not hate anyone, my siblings do not hate me.  We come from a dysfunctional family, we just talk like we hate each other.

The lawyers had my brother sign the affidavit because they wanted it in the record to say that the application I did to revoke the estate grant had an improper motive.  And this would create a reason  for special costs that I would have to pay.  Special costs is serious money.  It was the lawyers who asked for special costs. They did not have to. I doubt that Ron or Jenny understood what the lawyers were doing.  

I lost the application because I did not follow the rules. 

The application was for the estate grant be revoked because important documents were not served on all the parties, transparency was absent. No due process.

My brother (3)

 I still cannot understand why his lawyer felt it necessary to have my brother submit an affidavit at great legal expense to the court, stating that I hated him. An affidavit that I have been ordered to pay for. How would that hasten my brother's modest windfall inheritance? How can a brother do this to a sibling? It doesn't make sense. And his sanitizing of his Facebook page doesn't make sense to me either. And I am not allowed to speak with my brother for clarification, as his lawyer will not permit it. What are we dealing with? A threat of terrorism, a threat to national security. This behaviour by my brother and his lawyer is very perplexing. It must be WESA the author of the BC probate industrial complex. It is alive and well in British Columbia.