Today, the Honourable Jasvinder S. (Bill) Basran continued hearing an earlier application from Crease Harman LLP represented by associate lawyer Josh Bloomenthal on laying “special costs” on Timothy Durkin and Rodger Gregory personally. Last December, Bloomenthal proposed a rather wide range of options, going from $280,000 ($5,000 a day for a 56-day trial) to $1,056,300 (billing $300 per hour for the 3,521 hours Crease Harman spent on the case). Durkin’s response was heard in December; Gregory’s response was heard today and concluded today, the ruling is pending.
In this hearing, Bloomenthal contends that Durkin and Gregory are to be held personally accountable for their delay strategies and multiple instances of perjury and contempt of court during the 56-day trial hearing a lawsuit filed by (and lost by) Durkin (see “Garden variety bully” Durkin found responsible, directly held liable for $4M). Durkin’s testimony was heard and concluded in December. Rodger Gregory’s submission was delayed until today as a result of a recent stroke. Gregory made his submission through representation by Timothy Durkin.
Today’s portion of the hearing started haltingly, with an immediate 20 minutes delay so that Gregory (through Durkin) could email a 155-page unsworn document to Justice Basran. The bulk of the document was an article by Dr. Dr (Julie) Macfarlane about the dastardly emotional toll that self-represented litigants endure, perhaps included to educate and enlighten the judge. This was the main gist of Durkin’s defence in December.
Basran reminded Durkin that his (Durkin’s) portion of the trial had already concluded and that today was about hearing Mr. Gregory’s submission.
Durkin then proceeded to outline how unfair the trial was, and about how confusing everything was for Gregory. According to Durkin, Gregory and his wife were “barraged” by abusive emails. He also went on to claim that posters of Gregory were “impaled” throughout his neighbourhood. No supporting evidence, witnesses or sworn documentation was provided. Gregory, said Durkin, “lost all respect for Mr. Klassen,” who Durkin claimed “smelled blood and was going toward it,” taking full advantage of the sadly suffering self-represented litigants.
“Mr. Klassen misguided Mr. Gregory,” Durkin continued, noting that Gregory went into discovery alone and was hassled by the team of opposing council. Yes, Gregory lost his temper, agreed Durkin, but it would not have happened had he had the benefit of legal counsel.
Note that Durkin and Gregory chose to file an unsubstantiated lawsuit the suit, and chose to self-represent. They could have, at any point, dropped the suit. I attended much of the trial, and witnessed Klassen, Bloomenthal, and Justice Basran all bending over backward, assisting Durkin and Gregory with locating documents, calling for breaks when Durkin appeared flustered, ignoring perjury and blatant disregard for the Court, and frequently assisting with other legal protocol. Other than that, they were doing their job (which was to represent the Philips, not their aggressors). -Britt/SPN
Durkin referenced an earlier trial where Gregory was criminally accused and found guilty (see a related ruling online, docket CC970430). Durkin asserted (without evidence) that Gregory can provide showing that he did not have a criminal record with a report that will take about two weeks to produce, where the charges were reduced to non-criminal.
The accused is a businessman presently living in Victoria. The relevant chronology begins in 1990 when the accused obtained a loan from the Canadian Imperial Bank of Commerce (C.I.B.C.). On March 22, 1991, 21 companies of which the accused was the sole director and majority shareholder were placed in receivership, the accused having been petitioned into personal bankruptcy by the C.I.B.C. A receivership order was granted by the court on December 20, The police began a criminal investigation of the accused in May 1991, as the result of allegations of fraud made by some of the individuals who had invested money in some of the accused’s companies. The information with the 12 counts, 11 of fraud and one of theft over $1,000, was sworn December 19, Count 1 of the information alleges that the accused between July 1, 1990 and December 30, 1990, obtained credit by means of a bank loan in the amount of $1 million from the C.I.B.C. by fraud, contrary to s. 362(1)(b) of the Criminal Code. The other counts name as complainants private individuals, plus three limited companies, and deal with time spans from September 1987, (count 2) up to January 1992 (count 11). The 12 counts that were originally laid involve 12 different complainants, varying and substantial amounts of money, and five different municipal jurisdictions within the Province of British Columbia including Vancouver, Victoria, Maple Ridge, Duncan, and Delta. The counts all refer to different dates, with some overlapping periods within those dates. One of the charges is under s. 362(1)(b) of the Criminal Code, 10 counts were alleged to be contrary to s. 380(1)(a) of the Criminal Code, and one contrary to s. 334(a) of the Criminal Code.[-From Paragraph 6 of this related ruling, docket CC970430]
When asked by Justice Basran, Gregory indicated his support of Durkin’s claims, saying he had nothing to add to Durkin’s statement.
Bloomenthal responded noted that today’s submission was filled with lies and pseudo-legal-eze.
“The appeals for sympathy,” argued Bloomenthal, “are getting a little out of hand.” The stroke happened to Mr. Gregory after the fact. It does not justify his previous behaviour, his attacks on the witnesses, or his belligerence. Bloomenthal noted that Gregory went through a messy bankruptcy in the early 90’s and subsequently faced criminal charges. The issue is how Mr. Gregory responded to the questions he was asked at the hearing. Mr. Gregory said the charges were dropped. They were not. He did serve a conditional sentence. (See below.)
Bloomenthal noted it was “without question” that more perjury was demonstrated by Gregory and Durkin in today’s hearing, supported only by an unsworn document. At the trial, Gregory lied under oath. The financial victims of the fraud perpetrated by Durkin and Gregory were many. Gregory did what Durkin told him to, and that led him to where he is today. Everything presented by Durkin today, said Bloomenthal, “was an unmitigated disaster.” Nothing came with an affidavit, nothing was properly sworn into court. It just demonstrates the lengths these individuals are willing to go to mislead the court.
Basran invited final comments from Durkin and Gregory, as a courtesy. Durkin continuing an old argument saying that the Philips were not the true clients of Peter Klassen and his legal team. Basran reminded Durkin that he was asked to respond only to what Mr. Bloomenthal raised for the first time today. This was not an opportunity to relitigate this hearing or the previous trial.
As if in a final plea for sympathy for his stroke, Gregory briefly and haltingly addressed the court on his own behalf, saying there was a moment during the hearing where Justice Basran hurried Mr. Klassen along, stating he was taking longer than he should have.
Justice Basran concluded the trial saying that he will be making a decision in writing, sometime.
Earlier in 2020, Mr. Durkin together with Rodger Gregory (under the shell corporation, SHHoldings) sued Sooke Harbour House Inc. That lawsuit was ultimately met with a scathing ruling that included more allegations of criminal conduct by the presiding Justice. He was called 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).
In early December, 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.
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 Yaman Sencan, Stephen Merry, and by accusation Tim Durkin, that resulted in the diversion of $1.5 million from investors/victims into defendants’ pockets. 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. Durkin, while indicted, was never apprehended, was not tried, and has not been convicted of any crime.
More on Rodger Gregory
- 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