Gone ballistic scenarios. Activist by default. audreyjlaferriere@gmail.com phone: 604-321-2276,do not leave voice mail http://voiceofgoneballistic.blogspot.com 207-5524 Cambie Street, Vancouver, B.C. V5Z 3A2 Everything posted I believe to be true. If not, please let me know.
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Tuesday, January 14, 2025
Miss Snowflake
Monday, January 13, 2025
Thursday, January 9, 2025
Another bader Day
I find it very hard to deal with each day.
It seems I am always having difficulties with my computers.
My husband used to say that the internet was going to be the death of us all.
I believe him. All the time I spend trying to do computer work is always with its problems.
Wednesday, January 8, 2025
Another Bad Day
Another bad day. I spent most of today and yesterday trying to make my computer workable. No such luck. I had to send my computer in for repair. Last time it was in repair for three weeks. It worked for a month and then it was in again. Computers are so stressful. I was wanting to type out a document and I do not think I will be able to do it as all my comments are lost and it will take me forever to reconstruct the information.
Sunday, December 29, 2024
the Pyrrhic effect in probate .
Serving documents.
While a lawyer might consider the strategic implications of serving documents at a later stage, they are bound by ethical standards and professional conduct rules. Deliberately delaying service to create a pyrrhic effect and deter interested parties from engaging in the administration of the estate could be seen as unethical and potentially harmful.
In the estate I am witnessing, the probate lawyer served the P2 package for the Estate Grant five months after the registrar signed the probate grant. This stealthy behaviour is concerning. The P2 package should have been served on the interested parties before it was filed in the probate registry. The probate lawyer might say that you, as an interested party, can still voice your displeasure, but it may fall on deaf ears. Bringing this matter to court would be a Pyrrhic victory—not worth the trouble.
At one point, I was threatened by the lawyers that they were going to get me, and it appears they have succeeded. I was never told why they wanted to get me. Maybe being old is the reason. I do not know. I am going to have to spend my modest inheritance to prove they engaged in stealthy behavior, even though it would probably result in a Pyrrhic victory. It would be up to me to apply at my own cost to the court. While I would likely win, at what cost? Improper service could be addressed after the estate grant was sealed, but to what purpose? The court would probably instruct the parties to re-serve the information, which feels akin to shooting the messenger.
What a way to bring disrepute to the legal process—using the system to get someone. But then no one would know about it except me, and the lawyers, as I would not do anything about it because of the Pyrrhic effect.
Friday, December 20, 2024
WESA: purpose. Wills Estates Succession Act (BC)
WESA was designed with the intention of encouraging informal resolution of conflicts. This to reduce the time, cost, and emotional strain associated with formal legal proceedings. Court intervention is the last resort when informal methods do not work. Lawyers are expected to resolve disputes, not the courts. How is that possible as lawyers are not independent decision makers.
This isn't what is happening. WESA was legislated in 2014, enough time for creative lawyers to circumvent the intent of the law. As soon as one lawyer circumvents the intent, others follow as soon as they see how easy it is. Lawyers bully clients all the time and clients are easily intimidated. I wonder how many millions of dollars have been diverted since 2014 as it is economically wise to allow fraud to happen than to deal with it. Relative to the value of the estate, what is a few hundred dollars, or a few thousand dollars, or a few million dollars. Once an executor/administrator is appointed by way of the P1 form, they can fleece the estate, with the help of their lawyers. Lawyer fees will stop most (everyone) from making anyone accountable. It is legal extortion.
When a lawyer tells you to allow a wrong as to remedy it would cost more than the wrong, my anger will not go away, nor will the nausea that I am feeling.
Monday, December 16, 2024
Ethical v. Ethics
It always amazes how infallible people think they are.
Especially lawyers.
I had the occasion to attend a hearing this morning and it was adjourned.
The lawyers involved knew of the hearing and yet would not tell me that they were seeking an adjournment. They could have told me up to yesterday. But instead I had to travel from Vancouver to Kamloops to be told that the matter was adjourned. There is such a thing as a phone or an email. A phone call costs nothing, a court appearance to ask for an adjournment cost $600.
I call this unethical behavior. If I had a lawyer they would never have done this.
And they are notable citizens of Kamloops, both are partners in law firms.