–Britt Santowski, Publisher, SPN
Are you following the trials and tribulations of local scammers Timothy Durkin and Rodger Gregory?
Turns out, the Supreme Court of British Columbia not only finds them guilty of scamming local respected business owners Frederique and Sinclair Philips (and demolish their business and their hopes for a well-deserved retirement), but it also finds them guilty of trying to scam the province’s highest court. And they are not having any of it.
Today, the Honourable Mr. Justice Basran published his ruling, concluding the March 2021 application for Special Costs. In it, he finds that both Durkin and Gregory and responsible for their own reprehensible behaviour during the court proceedings. This means that they personally will be on the hook paying the “Special Costs,” ranging from $280,000 (billing $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).
Special Costs are intended to be punitive to discourage reprehensible, scandalous and outrageous behaviour, like misleading the court and giving false information.
Durkin and Gregory hid behind and were the sole directors of two shell companies known as SHH Limited and SHH Holdings. In an attempt to stave off responsibility (and almost successfully so), the recent 56-day court battle which found in favour of the Philips saw $4M in fines for the shell company SHH Limited. To the best of my knowledge, SHH Limited has zero assets, and my best guess is that the shell corps would be unable to pay the court-ordered charges. This means that the Philips, whose business and lifelong earnings have been entirely demolished by these two scheming thugs, will in all likelihood never receive a penny of their hardwon courtroom victory and may well live out their lives as destitute.
Philips’ lawyers then set out to make the two scammers personally accountable and presented the Court with a request for Special Charges. The court agreed. But again, the Philips are not likely to receive a penny. Gregory lives in a house in Oak Bay that is titled only to his wife. Durkin lives in a rental in Sooke. It’s almost as if they have lived their entire lives for an existence based on fraud.
The tiny spot of light in this disaster is that court-ordered costs can not be written off in bankruptcy, so it is likely that this financial burden will follow these two shysters to their graves. Any money that they come into between now and infinity will be seized by the Courts and held against this ruling.
While both the Philips and other members of the community have attempted to have the local RCMP lay charges, no arrests or any other indications of criminal investigations have ever been noted by the local police.
In today’s ruling, Justice Basran found Timothy Durkin’s and Rodger Gregory individually accountable for “Special Costs.”
In making the case for Special Costs, the defendants (Philips legal team) alleged: “that he [Timothy Durkin] failed to comply with court orders, committed perjury, deliberately misled the court, fabricated evidence, withheld admissions and denied facts, maintained unfounded allegations of fraud and criminal conduct, mischaracterized evidence, intentionally delayed and elongated the trial, and abused and intimidated witnesses.”
Durkin, in his rambling defence, argued that he and Gregory were “self-represented litigants with no legal training and a poor understanding of procedural and evidentiary rules.” Note that Durkin and Gregory initiated the legal action. That they didn’t have the legal expertise to undertake a lawsuit which they themselves filed can only be their own fault. Durkin then blamed the trial judge for failing to provide adequate assistance (the Justice painstakingly handheld and one could say coddled Durkin throughout the trial) and being prejudiced against them from the start. Durkin also suggests that the trial judge unreasonably failed to admit material evidence.
On this last point, Basran later writes, “I advised Mr. Durkin to speak to documents that he had created but he declined to do so. Instead, he tried to introduce some of these documents, including financial documents he drafted, through other witnesses who had no direct knowledge of them, such as Ms. Robin Parker.”
From his original ruling, Basran noted, “I have no hesitation in concluding that Mr. Durkin lied unabashedly throughout this trial and in virtually all of his dealings with the defendants.” In this ruling, Basran draws attention to the fabrication of evidence. “Mr. Durkin and Mr. Gregory fabricated evidence and then provided false testimony about it. I have no difficulty in concluding that their conduct in this regard was reprehensible.”
During the trial, Durkin was continually evasive and engaged in misconduct (like accosting an actively under-oath witness in the washroom) that prolonged the trial and added costs for the defendants.
Justice Basran observed that “Under cross-examination, Mr. Durkin repeatedly refused to make admissions in the face of conclusive documentary evidence.” He adds, “Absurdly, he refused to admit that he authored correspondence signed ‘SHH Management Limited’.”
Justice Basran’s finding on Durkin’s reprehensible behaviour is unequivocal. “I have no difficulty in concluding that Mr. Durkin failed to comply with court orders, lied, deliberately misled the court, fabricated evidence, withheld admissions and denied facts, maintained unfounded allegations of fraud and criminal conduct, mischaracterized evidence, intentionally delayed and elongated the trial, and abused and intimidated witnesses. Any one of these acts may have been sufficient to warrant an order for special costs. Taken together, it is beyond doubt that Mr. Durkin’s conduct was more than reprehensible. It was disgraceful, offensive, and despicable. I have no difficulty in concluding that he is liable for special costs.”
Attention then goes to Rodger Gregory, a Director of SHH Limited and SHH Holding, and business partner to (and collaborator with) Durkin.
Basran references a particular instance of the fabrication of evidence, and Gregory’s spiralling of lies and deceit: “During his examination for discovery, Mr. Gregory expressly denied seeing or signing the hand-delivered letter and commented, ‘that’s a real poor job of my signature’. However, during his cross- examination at trial, he testified that the signature on the letter appeared to be his genuine signature. When confronted with his prior inconsistent statement from the examination for discovery, Mr. Gregory resiled from his earlier testimony and denied having signed the ‘hand delivered’ letter but conceded that he was ‘vaguely aware of the text.’ He then testified during cross-examination that he ‘never hand-delivered anything to the Phillips’ and had ‘no knowledge of the letter’ and that the origins of this letter were ‘a mystery’ to him.”
In short, Gregory “lied and deliberately misled the Court throughout his testimony.”
Basran also referenced Gregory’s stroke, which happened sometime between March and June 2020. Durkin suggested to the court that this stroke may have contributed to Gregory’s confusion during testimony. In spite of the ample time provided by Justice Basran to get expert testimony verifying Durkin’s attempt at medical analysis, none was ever produced. Instead, they relied on an insufficient six-sentence letter written by a locum physician.
Justice Basran wrote it off.
“Mr. Durkin merely produced an unsworn letter that draws no specific conclusions, contains few details, and little context. Mr. Durkin did not provide any information regarding Dr. Clinton-Baker’s qualifications or experience. There is no indication that Dr. Clinton-Baker examined Mr. Gregory and this physician was not produced for cross-examination. This letter contains nothing more than speculation about the possible impact of an increase in ‘white matter atrophy’. I attach no evidentiary weight to it.”
In summary, Basran found Gregory responsible for his own reprehensible lies and misleading testimony give to the court: “Mr. Gregory’s conduct during the trial, as a witness and frequent spectator, was consistent. He was angry, bombastic, irreverent, and disrespectful. Most importantly, he testified dishonestly. He lied unabashedly to the Court.” He also intentionally set out to defraud the Philips.
“Mr. Gregory is therefore jointly and severally liable for special costs with Mr. Durkin and the corporate plaintiffs.”
Conclusion: “The defendants are entitled to special costs. The evidence clearly establishes that Mr. Durkin and Mr. Gregory were the directing minds of the corporate plaintiffs. Mr. Durkin, Mr. Gregory, and the corporate plaintiffs are therefore jointly and severally liable for special costs, to be assessed by the registrar.”
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. This trial is set to resume in September, 2021.
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.
- 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