Today, the Honourable Jasvinder S. (Bill) Basran (appointed a judge of the Supreme Court of British Columbia in 2018, ie, no legal slouch) delivered his verbal ruling on an application for the release of the remaining funds from the sale of Sooke Harbour House, in June. After the key creditors (mortgage holders and various government tax bills) were paid out, the remaining $335,561 was held by the court for disbursement. Those asking for the funds were Crease Harman LLP (the legal defence team owed over $1M, represented by associate lawyer Josh Bloomenthal), Alsco (a linen company owed $80,000), and Timothy Durkin.
Today, following Monday’s application, Basran delivered his verbal judgement. Bloomenthal made the application for primary consideration as Frederique and Sinclair Philips, the former owners of Sooke Harbour House, had been left in financial ruin following six years of financial abuse by Durkin, and were unable to pay for the $1M in invoices charged to them for their defence (a painfully elongated 56-day trial responding to a lawsuit against them filed by Durkin).
Justice Basran began by acknowledging that the defendant’s legal team was “instrumental” in defending themselves against Timothy Durkin’s and Rodger Gregory’s lawsuit, in which Durkins and Gregory deliberately mislead the Philips. Basran recognized that Crease had not been paid and that their legal bill was in excess of $1M.
On considering Durkin’s claims that Crease had already received payment from Jack Carrithers, an American investor, Basran found that claim filled with nothing but “speculation and imagination.” No evidence was provided to support Durkin’s claims. Ultimately, as the judge understood it, Durkin was requesting that the court continue to hold the funds so he could apply for them at a later date; and, Basran outright denied that request.
Alsco, a linens provider from Nanaimo, was also denied their request for $80,000. Alsco had entered into a contract signed by Robin Parker, then the bookkeeper at Sooke Harbour House who did not have legal signing authority, on June 19, 2019. Signing authority still rested with the Philips. In March 2020, Durkin issued a letter to Alsco that payments would cease. In both cases (making and breaking the contract), the Philips were not informed of the involvement with and obligation to Alsco. Nor, not knowing of the arrangement in the first place, could they have approved of it.
Basran noted that solicitors have what is designated a “high priority” to be compensated. In this case, justice necessitated their involvement. Basran ruled that funds held by the court were to be released to Crease Harman LLP.
In the application that followed the oral judgement (Bloomenthal is requesting special costs be charged to Durkin and his accomplice Rodger Gregory, personally), Durkin expressed his profound disappointment with the ruling.
“I’ve lost all my faith in the justice system,” whined Durkin. “Is nobody interested in the truth anymore?” He then proceeded to accuse Basran of not being impartial.
“I … believe this is not an impartial hearing,” accused Durkin speaking to Basran.
I am hearing this application now, Basran responded. You can appeal it later to a different justice if you wish.
The application for special fees continues throughout today. A ruling on who is to cover the regular court fees is expected on Friday morning at 9:30 am.
Tuesday, Timothy Durkin was in court responding to the claim that he should be held accountable for all court costs of the trial. See Timothy Durkin feels dropped 10,000 feet into a battleground (of his own making).
Monday, Timothy Durkin was in court asking for the remaining proceeds of the court-ordered sale of Sooke Harbour House.
In early Decmeber, Timothy Durkin appeared at an admissibility hearing at the Immigration and Refugee Board of Canada (IRB), facing a claim by the Canada Border Services Agency (CBSA), through Mason Cooke, that Timothy Durkin (represented by Erica Olmstead of Edelmann Law Firm) is inadmissible in Canada on the grounds of serious and organized criminality, relating back to a Ponzi scheme in Alabama. That was delayed while the IRB resolved Durkin’s surprising claim to birthright Canadian citizenship.
Earlier in 2020, Mr. Durkin undertook the time-consuming project of suing Sooke Harbour House Inc. and self-represented, that lawsuit was ridiculously and excruciatingly prolonged and lasted over half a calendar year. That time-wasting lawsuit was ultimately met with a scathing ruling that included more allegations of criminal conduct by the presiding Justice. He was identified a liar and a “Garden variety bully” by a supreme court judge who directly held Durkin liable for $4M in a 56-day lawsuit Durkin himself initiated against the owners of the Sooke Harbour House (who, by the way, haven’t yet seen a penny).
“I was slaughtered,” was Durkin’s summation of the ruling.
The CBSA has been interested in Mr. Durkin since at least 2018, as covered in this SPN article Canada Border Services claims manager of Sooke Harbour House is wanted for fraud (Nov 2, 2018). The highlights of that article are as follows.
American court documents (Case 1:13-cr-00117-WS-C Document 224 Filed 07/26/16) show that on December 20, 2013, following a jury trial, David Petersen was on trial for his own participation in a Ponzi scheme along with with Yaman Sencan, Stephen Merry and by accusation Tim Durkin, that resulted in diversion of $1.5 million from investors/victims into defendants’ pockets.
Referred to as the “fugitive defendant,” Durkin, while never tried, was mentioned throughout the trial of Petersen. “[T]he Government did not prove up a different conspiracy omitting the fugitive defendant, Tim Durkin, but rather ‘mentioned Durkin’s participation in the scheme throughout the trial’.”
Again, according to the above 2013 court document, the FBI had filed an Interpol Red Notice and entered an arrest warrant into NCIC in an attempt to apprehend fugitive defendant Tim Durkin.
It is important to note that Durkin, while indicted was never apprehended, was not tried, and has not been convicted of any crime. Many instances of alleged criminal activity occurring in Sooke have been reported to the Sooke RCMP, but they have yet to lay charges on anything.
- Human serial suer strikes again: Durkin files a defamation lawsuit against Capital Daily
- Administrative hearing date set for alleged fraudster Timothy Craig Durkin: May 16, 2022
- Security Commission alleges Vancouver Island man sold fake ownership interest in Sooke Harbour House
- Scammers Timothy Durkin and Rodger Gregory personally held responsible for “Special Costs”
- How a shyster was allowed to destroy lives and operate with impunity right here in Sooke
- Timothy Durkin’s admissibility hearing again adjourned until September 13, 2021
- Ramblings continue, hearing concludes on application for special costs: Timothy Durkin and Rodger Gregory
- Timothy Durkin’s admissibility hearing adjourned until April 2021
- Court costs waived for Philips (plus a few choice descriptors of Durkin)
- Application for Special Costs on hold for Gregory; Durkin ends with arguments, accusations and self-pity
- Basran rules: Philips’ lawyers awarded proceeds from sale of Sooke Harbour House, Durkin denied
- Timothy Durkin feels dropped 10,000 feet into a battleground (of his own making)
- Timothy Durkin among those asking for money on the sale of Sooke Harbour House
- “You wasted my time” Kicking the can down the road continues for Timothy Durkin; no decision, more delay
- Scheduled admissibility hearing for Timothy Durkin obfuscated, observers on trial
- “Garden variety bully” Durkin found responsible, directly held liable for $4M
- Former manager of a Sooke hotel sues Facebook for $50Million
- Sooke Harbour House sells for $5.6M in court-ordered sale
- Rumour confirmed, owner of Sooke PocketNews being sued
- Opportunity to appeal definitively denied, Durkin’s deportation hearing to proceed
- Courts rule against Tim Durkin’s request to have a deportation hearing overturned
- Canada Border Services claims manager of Sooke Harbour House is wanted for fraud