|
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
|