From: Roy Sommerey []
Sent: Thursday, September 29, 2005 10:31 AM
To: Volkmann, Susan
Subject: FW: David (email from Ken Fisher)


I must say Mr. Thomson has some very short sighted friends and supporters.  They shout from the sidelines thinking they are helping when they are doing the opposite.  Easy for them to do when its not their houses that are on the line.  Also, these communications  give us evidence to support a defamation action against Mr. Thomson, should we decide to take that step (which he is making harder and harder for us not to do).  His friends would better serve him by providing financial assistance.  I suppose its easier to vent their ill informed opinions. 


I have been willing to negotiate with Mr. Thomson  to come to a reasonable solution for both sides.  Unfortunately, he has chosen to communicate and circulate events and developments to people who are not directly involved.  I have asked him to discontinue broadcasting of untrue and misleading defamatory comments about our firm and it seems he has chosen not to do so.  I asked him to keep our negotiations between the parties involved, and he has chosen not to.  Now we are getting emails from others who I do not seem to have the basic understanding  we are willing to discuss ways to resolve this matter, and that if they harass us, we could change our mind about doing so.


This is his last notice.  Please let him know that if he does not immediately remove all his web site material about our firm, and its lawyers  off the internet and stop circulating our emails forthwith to persons who are not necessary participants in this discussion (like Mr. Fisher), we will cease any consideration of negotiating and proceed through the courts without further discussion.  He has 24 hours to get his web site off line and to take the steps necessary to ensure his friends don’t carry on for him.  No further transmissions of our emails and letters to others will be tolerated.   If we get one more email like this, we will cease discussing settlement and proceed to collect the money the Court has determined we are entitled to.    I will not bother scheduling an appointment with you or discussing anything further until and the information on it is off the net.


Thank you.


From: Ken Fisher []
Sent: Thursday, September 29, 2005 10:02 AM
To: Roy Sommerey
Subject: David


Dear Mr. Sommery:

Thousands of people in Kelowna are watching how you and your firm Doak Shirreff mishandle the matter between Grant Hardwick and David Thomson.

I am appalled at your controlling and threatening statements...

"I  wonder what you were thinking while you were carrying on your advertising campaign,  your rant against our firm, etc."

"Also, I don’t accept the fact  you are involving persons other than your advocate at interior health."

" Stop involving others not directly involved, or I’ll stop the discussion."

"We recommend you keep a low profile if you want to work towards a resolution."

Why your hypocrisy when you are involving many others at your disposal then threaten Mr. Thomson for doing so.

This kind on control and threats give lawyers a very bad name.

It is the general opinion in Kelowna that Mr. Hardwick screwed Mr. Thompson by pulling out at the eleventh hour.

No one wants to do business with a law firm that one cannot trust.

Now Kelowna feels that you and Doak Shirreff continue to screw Mr. Thompson.

The firms of Doak Shirreff will lose hundreds of thousands of dollars of business over the years.

Mr. Hardwick and you are shooting yourselves in the foot by not concluding this matter expeditiously in a fair & humane manner.

I encourage you to conclude this matter for all involved.


K. Fisher