Key highlights day 1: Application by lawyers for release of $335,561 proceeds from the court-ordered sale of Sooke Harbour House:
- Crease Harman LLP through associate lawyer Josh Bloomenthal is applying for primary consideration for the disbursement of the funds currently being held by the court; that legal team has accumulated over $900,000 in costs representing Sinclair and Frederique Philip, former owners of the Sooke Harbour House.
- Alsco, a linens rental company to whom Sooke Harbour House Inc. owes about $80K says, argues that they should be included in the cut, that their business relationship with SHH preceded Durkin.
- Timothy Durkin argues that Josh/Crease is lying, that any proceeds paid to them will go to an American … with evidence based on … well, nothing that the judge can consider.
- The Honourable Jasvinder S. (Bill) Basran (appointed a judge of the Supreme Court of British Columbia in 2018) continued giving self-represented Durkin massive leeway but made it clear (several times) that he won’t consider much of what Durkin proclaims if it’s outside of the already-submitted affidavits.
Day 1: Write-up
A number of interested parties have their hands out for the release of $335,561 proceeds from the court-ordered sale of Sooke Harbour House. Today, the courts heard the application from the legal team that represented Frederique and Sinclair Philips during their several-years-long fight with Timothy Durkin, who launched a lawsuit against the Philips claiming ownership of the hotel more-or-less in lieu of negotiating a mortgage and managing the facility. The 56-day trial, where Durkin produced very little more than grandiose commentary and borderline contempt for the court, resulted in a scathing ruling against Durkin. During the hearing, the Sooke Harbour House was court-ordered to be sold. Today, the court heard from a number of interested parties laying claim to the court-held funds that remain.
Josh Bloomenthal, representing Crease Harman LLP said they had incurred over $900,000 in costs responding to the frivolous lawsuits filed by Durkin against the Phillips. Bloomenthal said they continued with the suit representing the Philips even though they knew the owners would not be able to pay “because it was the right thing to do.” The funds that are currently held by the courts are there because of the work by the legal team at Crease Harman LLP. Bloomenthal read an affidavit from Sinclair Philips, a former owner, who stated that they were now facing a significant debt as a result of Durkin’s mismanagement of the hotel including outstanding federal and municipal taxes with limited income.
Also in line for a cut of the funds is Alsco from Nanaimo, who are owed about $80,000 from a contract entered into by Robin Parker, the former bookkeeper of Sooke Harbour House, on behalf of the Sooke Harbour House. They claim that they were long-time suppliers for the facility and that they tend to work with hotel management instead of owners, as ownership tends to change.
Timothy Durkin once again continued his already debunked claim to 85% of the shares of Sooke Harbour House in a bid to get his hands on some or all of the just-over $335,561 currently being held by the provincial courts following the court-ordered sale of Sooke Harbour House.
In a breaking voice that seemed either near-tears or extremely nervous, Timothy concluded his argument saying that he believes the Philips claim to legal fees is a “ruse.” Durkin claimed that truthful information was not disclosed according to the courts as to who was really funding the Philips’ case, saying instead that it was actually a US claimant who “extricated” the Philips back in 2018, and that this American had an agreement with Crease to cap the costs at $300,000. Durkin suggested the application by Crease was an effort to reimburse the American contact.
“We do not believe the defendant was the client,” said Durkin, in the early afternoon (he has a tendency to refer to himself in the third person). The Philips were not instructing the legal team, nor were they paying the legal fees, Durkin said. Durkin used the remainder of the afternoon to provide non-admissable materials supposedly supporting his case (materials that were also excluded from consideration in the 56-day trial). This seemed to shape his position, that the Philips were not entitled to any funds and that Bloomenthal was not truthfully representing Crease’s interest in the matter. Bloomenthal stated that Crease does indeed represent the Philips, and the Philips have committed to paying their fees.
Justice Basran noted that all evidence that will be considered in this case has to be provided by affidavit. There existed no affidavit information before the justice that involved the alleged US claimant.
“I know Durkin wants to make everything a ‘ruse’ but it’s not,” Bloomenthal responded. “With all due respect, Mr. Durking has no idea what he’s talking about…. Mr. Durkin ‘truly and verily‘ believes a lot of things that are false.” Durkin attempts to impune evidence to create smoke, but there’s no fire. “He’s a person of very little credibility and integrity.” He comes before the court, he lies. His testimony should be disregarded entirely because it’s either untrue or irrelevant.
The trial continues tomorrow. Justice Basran intends to give an oral decision on Wednesday morning at 9:30 a.m., via MS Teams.
Previously, 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 this year, 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