March 9, 2001.
My third horror story involves a family with escalating marital problems, a common occurance, these days.
This story is unfolding as we speak. The bank has procurred orders from the court (Master Bishop) declaring a default in the mortgage agreement on the family home, all monies ($168,108.45) due & payable, pending foreclosure. Interest, an invitation to apply for further summary accounting and costs, assesed on a scale 2 basis rounds off the list of orders.
Barry Kethler, the co-respondent was never served a copy of this, the second petition filed by the bank. A copy was mailed to his old address & by the time it was forwarded to him, the hearing day had long past.
The affidavit that you are about to read is the affidavit that Mr. Kethler filed in response to the bank's first petition to foreclose on the family home. I do not have a scanner to post the exhibits, (it's tough to finance an office on a disability pension) presently and short of viewing a copy at the Kelowna Law Courts, i guess you'll just have to take my word for it that the exhibits really do exist. Haven't caught me in a lie yet, have you? Besides, i'd get sued so fast...
Interestingly enough, the affidavit that you are about to view, generated an affidavit and an appearance to the (first) hearing, by each of his previous lawyers. Also interesting, they both claimed to have mailed a copy to Mr. Kethler, the one lawyer, conveniently having a spare copy for Mr. Kethler. A copy of the other lawyer's affidavit finally arrived by mail, more than a week later. I look forward to posting Mr. Kethler's response to these affidavits, filed by his former solicitors, as soon as Mr. Kethler files it, along with another notice of motion, identical to the one that this affidavit supports.
Anybody got any idea when it became acceptable to just mail service of notice???? You can bet that will be aired in the next affidavit!
Yours very truly,
David Hunter Thomson