MALFEASANCE

The West Virginia Supreme Court of Appeals summarized a number of the definitions of malfeasance in office applied by various appellate courts in the United States.

Malfeasance has been defined by appellate courts in other jurisdictions as

a wrongful act which the actor has no legal right to do;

as any wrongful conduct which affects, interrupts or interferes with the performance of official duty;

as an act for which there is no authority or warrant of law;

as an act which a person ought not to do;

as an act which is wholly wrongful and unlawful;

as that which an officer has no authority to do and is positively wrong or unlawful;

and as the unjust performance of some act which the party performing it has no right, or has contracted no, to do.

The court then went on to use yet another definition;

"malfeasance is the doing of an act which an officer had no legal right to do at all and that when an officer, through ignorance, inattention, or malice, does that which they have no legal right to do at all, or acts without any authority whatsoever, or exceeds, ignores, or abuses their powers, they are guilty of malfeasance."

Corporate Malfeasance

Malfeasance in Office

Misfeasance in Public Office

Following are examples of MALFEASANCE and lack of leadership within the LEGAL and the JUSTICE SYSTEM which includes letters from retired member ANTHONY JASICH to different public bodies, including and not limited to, THE LAW SOCIETY OF BRITISH COLUMBIA, regarding a case of property theft, allegedly involving also lawyers and Canadian Imperial Bank of Commerce (CIBC).

The following evidence provided to the courts, by Mr. ANTHONY JASICH who was acting as a pro bono legal counsel for Mr. Gaffney, was refused, on the basis that he was not counsel on record. This appears to have been the theme from the very beginning with the case of Mr. Gaffney.

Mr. ANTHONY JASICH was given no standing by the court, by virtue of the fact that his evidence, being a member of the bar, was damming to the other lawyers involved in the crime, and as a result, any alleged wrongdoing pointed out by Mr. Jasich was overlooked and ignored by the court.

A Letter from Jasich dated, June 4, 2009, was delivered to the Office of the Attorney General of British Columbia wherein he denounced his colleagues in the legal profession, who he claims and maintains have committed mortgage fraud. The same letter was also delivered to the RCMP in Surrey, B.C.

Evidence in support of Mr. ANTHONY JASICH's letter is as follows:

Letter from William Cadman to R. Keith Oliver

CIBC Mortgages Inc. to R. Keith Oliver

Electronic Filing of CIBC Mortgage Discharge

Unfiled Mortgage Discharge

Letters to the CIBC Unauthorized Signatories

One of Several Money Orders Altered by CIBC

Letter to CIBC from Gaffney

Following are two separate responses from the Office of the B.C. Attorney General and from the A-G of Canada to Mr. Jasich's information.

BC Attorney General's Response to Jasich

Canada Attorney General's Response to Jasich

Subsequently the RCMP also responsed to Mr. Jasich and it appears that they are not denying that a crime of mortgage fraud was committed by CIBC's employees however given that lawyers and CIBC are involved directly in the fraud, they seem to have been given orders by the Office of the B.C. Attorney General and the Crown to not charge the parties.

Prior to Anthony Jasich's letter to the A-G, Harold Gaffney delivered a Complaint to LSUC Against CIBC Lawyer R. Stephen Alsace. The LSUC responded by advising Mr. Gaffney that the complaint was not within their jurisdiction.

And in the month of August 2009, Harold Gaffney wrote a complaint letter to the Law Society of British Columbia against member D. Ross McGowan of the law firm Borden Ladner Gervais.

Mr. Gaffney first submitted a Demand Notice to Ross McGowan of the law Firm BLG regarding bills of exchange he held in trust for his client CIBC.

The gist of the Complaint to LSBC against Ross McGowan of BLG is that CIBC, having altered money orders payable to CIBC MORTGAGES INC. and applied the bills of exchange to Mr. Gaffney's CIBC personal loan, without his consent, is holding in trust for his client CIBC, circa $10,000.00 in money orders, and Mr. McGowan won't release the funds unless Mr. Gaffney signs a Release form exonerating CIBC and CIBC MORTGAGES INC and some of its CIBC employees, of offences committed under the Criminal Code of Canada and under the Bills and Exchange Act.

Soon thereafter the complaint was sent out, Mr. McGowan delivered his response with his drafted release form for his client CIBC and for CIBC MORTGAGES INC., which are two separate companies.

Mr. Gaffney delivered a letter to the LSBC with the Release Form drafted by McGowan and soon thereafter the LSBC, specifically Shelly Ion of the LSBC responded to Mr. Gaffney, by finding no wrong doing on the part of Mr. Ross McGowan.

BORDEN LADNER GERVAIS, a law firm acting for CIBC, and for CIBC MORTGAGES INC. was formely known as, LADNER DOWNS.

J4Y learned that in 1998, a lawyer by the name of MARK LEWIS of LADNER DOWNS was directly involved with a fraudster on a land sale in North Vancouver.

It was reported in the NorthShoreNews that MARK LEWIS worked for the imposter and told the police that he worked in the real estate transaction but "never actually met" the client. Other people at the law firm met the client, (J4Y presumes Ross McGowan was also involved) but reported that Lewis said, "he would not release that information nor would his firm provide a description of the person in question".

Mark Lewis called to the BC bar in 1997

Letters to McGowan was delivered to him and his law firm, regarding the 1998 fraud committed by their law firm, and the subsequent mortgage fraud committed on Harold Gaffney's property by lawyers and by CIBC MORTGAGES INC.

During that period, Harold Gaffney wrote to Carole Taylor, the then B.C. Financial Minister, informing her of the fraud perpetrated on him by lawyers and the New Westminster Land Title Office in which she was in charge of.

J4Y presumes that BLG owed Ms. Taylor a favour since on September 09, 2009, Carole Taylor joined BLG , where she serves as a senior advisor on public policy, corporate governance, economic and trade matters.

Additional letters from retired lawyer Anthony J. Jasich, acting for Mr. Gaffney, were delivered, and one of the letters he delivered was in the month of January 2007, to Mr. Justice Meiklem regarding an alleged fraudulent bankruptcy of Mr. Gaffney's spouse, who allegdly used the bankruptcy proceedings for improper purposes, with the assistance of trustee Kenneth A. Rowan and lawyer R. Keith Oliver.

Reasons for Judgment

Supplementary Reasons for Judgment

Part of Transcript at p. 65

It is important to note that neither Mrs. Sheila Gaffney nor Mr. Harold Gaffney have to date (2010), invoked The Family Relations Act [RSBC 1996] CHAPTER 128 Part 5.

This means that The Supreme Court of B.C. turned a blind eye to the fact that neither spouses had done the following, in order to have an entitlement to any family assets:

Equality of entitlement to family assets on marriage breakup

Section 56 (1) Subject to this Part and Part 6, each spouse is entitled to an interest in each family asset on or after March 31, 1979 when

(a) a separation agreement,

(b) a declaratory judgment under section 57,

(c) an order for dissolution of marriage or judicial separation, or

(d) an order declaring the marriage null and void respecting the marriage is first made.

(2) The interest under subsection (1) is an undivided half interest in the family asset as a tenant in common.

(3) An interest under subsection (1) is subject to

(a) an order under this Part or Part 6, or

(b) a marriage agreement or a separation agreement.

(4) This section applies to a marriage entered into before or after March 31, 1979.

J4Y is informed that there were more than twenty (20) Federal Appointed Judges who violated the law under the Family Relations Act simply to assist lawyers and CIBC in stealing Mr. Gaffney's home.

J4Y is further informed that Mr. Gaffney's wife and those assisting her saw no wrong in committing crimes against the people of Canada, when they collected from Canada Revenue Agency, circa $13,000 on a fraudulent claim of Child Disability going back to 1999, regarding Mr. Gaffney's step grandson. This was all done in the name of the fraudulent bankruptcy of Mrs. Gaffney, which started this whole mess.

To know more of the case and how it proceeded in the lower court all the way to the Supreme Court of Canada, please click on the following link, wherein a complaint was made to the Canadian Judicial Council about the last judge who appears to have used his judicial office for the benefit of the bankrupts lawyer R. Keith Oliver.

CONFLICT OF INTEREST

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The letters below were also written in 2008, to the Supreme Court of Canada (SCC), by retired member Anthony Jasich, acting for Mr. Gaffney, regarding factual errors in the Summary of Facts, prepared by lawyers of the SCC, in the case of Harold C. Gaffney v. In the Matter of the Bankruptcy of Sheila Frances Gaffney and A. Farber & Partners Ltd. a.k.a Kenneth A. Rowan (Trustee) (B.C.) (Civil) (By Leave) (32316).

J4Y was informed by Mr. Jasich that his letter dated May 6,08, to SCC was refused by Registrar Anne Roland, on the basis again that he was not solicitor on record and therefore the lawyers at the SCC would not forward the letter, requesting corrections, to the judges, and this scenario, permitted the SCC to rely only on the facts of the other lawyers.

A Summary of Facts for File #32316 shows factual errors intentionally made by the lawyer at the SCC, who prepared the Summary of Facts, for the panel of judges.

A document shows Registrar Anne Roland a French National, obstructing the course of justice, by attempting to deceive Harold Gaffney, when she made it appear as though she had made the necessary corrections to the Summary of Facts, of Harold C. Gaffney v. In the Matter of the Bankruptcy of Sheila Frances Gaffney and A. Farber & Partners Ltd. a.k.a Kenneth A. Rowan (Trustee) (B.C.) (Civil) (By Leave) (32316)when in fact she failed to correct the factual errors on all the separate pages of the SCC website and she further was unwilling to forward the corrections to the three (3) judges, who had reviewed Harold Gaffney's application for leave to appeal.

A subsequent letter Dated Nov. 3, 08, to Registrar Anne Roland and to Eugene Meehan was delivered by Mr. Gaffney, regarding the fraud committed at the SCC by lawyers preparing Summary of Facts for judges.

Following is the SCC Summary of Harold Gaffney's case, wherein the document shows at p. 31 that Registrar and lawyer Anne Roland did not correct the Summary of Facts as she alleged on all the SCC website pages.

Evidence of Fraud at page 31

J4Y was informed that when Registrar lawyer Anne Roland was pressed by Mr. Anthony Jasich and by the bankrupt-spouse Mr. Gaffney to correct the intentional errors contained in the Summary of Facts and to forward the corrections to the three (3) judges, who reviewed the case, she allegedly resigned from her position as Registrar of the SCC.

No announcements were made to the public regarding Registrar Anne Roland of her sudden departure.

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Due to Mr. Jasich's involvement with the case noted above, CIBC lawyer Stephen Alsace made a complaint against him to the Law Society of British Columbia.

You can read more about MR. JASICH'S CITATION

If you suspect CANADA IS SOFT ON WHITE COLLAR CRIME ex-mounties (RCMP) have news for you: It is worse than you think.

British Columbia or Columbia

The following link is worth a read, as a former lawyer by the name of John Carten, exposes what he claims to be highest corruption in Canada.

Water Crimes

The saying, you are only as sick as your secrets fits for all of us, including and not limited to, all professionals who wittingly keep silent when they see crimes being committed.

In a book entitled, Malice-Aforethought: How Lawyers Use Our Rules to Get Rich, Get Sex, Get Even, and Get Away Wth It, the author, David Marston, claims that lawyers who breach their code of professional conduct, fall into four (4) categories, and one of them is:

"Lawyers who cooperate when they know there is a bad lawyer at work. Such lawyers may go through the steps but will not go up against the system on behalf of his client. These David Marston calls, "Unindicted co-conspirators".

What Marston may not be aware of is, when men refuse to lead properly, dire consequences for a society occurs.

What Happens When Men Refuse to Take the Lead

The Weak Silent Type

EPHESIANS ch. 5-11 to 5-13 said it best:

Do not participate in the unfruitful deeds of darkness, but instead expose them;

for it is disgraceful even to speak of the things which are done by them in secret;

But all things become visible when they are exposed by the light, for everything that becomes visible is light.

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Following is an email from Harold Gaffney delivered on Wednesday, March 19, 2008, to reporter journalist Joey Thompson of the Province, regarding an article she wrote about a Realtor, by the name of Noella Neale.

Noella Neale was the listing agent for the sale of the property of Harold Gaffney.

On April 20, 2009, Noella Neale wrote to Justice4you asking to remove the letter posted on this website which had been emailed by Harold Gaffney to Joey Thompson, on the basis that Mr. Gaffney's version of facts are untrue and her version of facts are the ones that should be relied on.

Realtor Noella Neale did provide her versions of facts to J4Y regarding the alleged sale of Harold Gaffney's property at 312-450 Bromley Street, which will be posted on this website when Ms. Neale gives her permission.

It appears in the meantime that Ms. Noella Neale and lawyer R. Keith Oliver do not believe in legitimate public debate.

It further appears that the same set of facts provided by Ms. Noella Neale to J4Y, may also be the same set of facts circulated by lawyer R. Keith Oliver and his colleagues, to all level of courts, including the Supreme Court of Canada and to law enforcement.

Further, if the email of Noella Neale dated April 20, 09, is any indication of how the lawyers have misrepresented the facts of the case to benefit themselves, than it is apparent as to why Mr. Gaffney was denied his application for leave to the SCC.

Note that Mortgage Fraud is a consorted effort, that usually involves many different people, including and not limited to, lawyers; notaries; realtors; appraisers; financial institutions and even the courts.

Real Estate and Mortgage Fraud is big business for those involved in the scam and detriment to the rest of the people, as apparent with the financial crises around the globe. In fact many realtors are fronting for lawyers and for members of organized crime.

Realtor Pleads Guilty in Mortgage Fraud Scam

It is apparent from the evidence prodided to J4Y that Mr. Harold Gaffney, an old man of 77 years of age, was defrauded of his property, which started by way of his spouse's fraudulent bankruptcy.

In fact it would appear from the facts provided to J4Y that the exchange for Mrs. Sheila Gaffney's bankruptcy was the immovable property to her lawyer because as an alleged bankrupt, Mrs. Sheila Gaffney could not afford to pay the trustee and the lawyer's fees.

Based on the evidence and the true facts of the case, it appears two payments were made;

1. The $13,000 to the trustee Kenneth A. Rowan, via the false claim to CRA for a child disability tax refund going back to 1999; and

2. the immovable property to the lawyer, R. Keith Oliver.

It is the opinion of J4Y that it is a dangerous precendent that was set by the court in allowing a bankrupt-spouse to separate assets via her apparent fraudulent bankruptcy, especially when the spouse has not invoked the Family Relations Act and especially since the Judge claimed that "the trustee was well aware there was no insolvency".

Part of Judge Meilkem's Transcript of August 30, 06 at pp. 62 to 65

It appears however that the court acted in bad faith and against the law when it turned a blind eye to the fraudulent bankruptcy and as a result allowed the bankrupt-spouse's lawyer to proceed with the separation of assets via an action against Mr. Gaffney.

The letter of Mr. Gaffney to Joey Thompson is as follows:

Wednesday, March 19, 2008

Hello Ms. Joey Thompson,

I refer to your article of March 03, 2008, for which I attach a copy, entitled, Realtor looses 150,000 Aeroplan miles -- A new meaning of loyalty is not necessarily a better one. Your article was supposed to be about a person who has had a wrong done to them by a corporation.

Noella Neale looses points

In your first paragraph, you begin by giving credibility to Noella Neale, as having a solid reputation as a Realtor in the lower mainland. You further referred to Noella Neale as being, an enterprising real estate agent.

I would like to elaborate further regarding Noella Neale, and how enterprising she really is or not as a Realtor however I have a gag order against me dated December 11, 07, for which I attach a copy, that stipulates, inter alia, I cannot publish any information already obtained by myself by means of past investigation into the private affairs of Noella Neale or the purchasers.

Justice Grant Burnyeat, who before he was appointed in 1996 to the bench, was the leading mortgage foreclosure in all of British Columbia and possibly all of Canada, and is reputed to have single-handedly foreclosed more than 40 percent of all the mortgage foreclosures in British Columbia, for major banks but mostly for CIBC, did not specify what he meant by Private affairs and by failing to particularize his directions, he has trampled not only on my rights to freedom of speech but he has also trampled on anyone who comes across his order to report on Noella Neales dealings, which is of public interest.

Further, Justice Burnyeat, who knew or must have known that the straw buyers, going by the names of Brent Tremain and Mariana Oviedo Ovando, were not able to raise the funds to buy my property, prior to or after giving up possession of my home at 312-450 Bromley Street, in Coquitlam, ordered that myself and others who come across his Order, are not allowed to contact the alleged purchasers.

The intention of the judges order was also to make sure that I would not contact the solicitor of the buyers because I was not supposed to know who the solicitor was and I had to accept, without even seeing the lawyer for the alleged purchasers, that my property was being sold for less than what was offered.

Subsequently, I and others, who have evidence of Noella Neale as being an enterprising real estate agent are restrained to publish any information obtained through the land title office and other public bodies.

This is to say that myself and others have been censored and deprived from a very fundamental principle in law to publish matters of public interest, which would expose a racket that involves Noella Neale, an appraiser, two or more solicitors, the B.C. Land Title Office, the BC Law Society, CIBC, a large law firm, Re/Max and others.

When Justice Grant Burnyeat issued his order, he knew or must have known that he was facilitating a fraud.

In effect, his order shows to be a leading example of innovative crime developed right here in the lower mainland of Vancouver, British Columbia. It is in the public interest that such orders are never issued again for very obvious reasons.

Keep in mind Joey that my property ordered sold by the court was not a foreclosure but the Realtor and the lawyers treated it as if it was.

You may want to seriously consider Joey, if you are not entangled with Ms. Noella Neale in any way, to really find out how exceptional Noella Neale is as a Realtor by doing some journalist investigation, do the research and ask the serious questions, as I have done and you should obtain the same evidence that I have gathered through public bodies.

Law enforcement in the US especially, should be interested in knowing exactly how industry insiders professionals in British Columbia are contributing to what is being witnessed in the USA.

Those like Noella Neale, who is touted by yourself as having a great reputation as a Realtor, is one of those individuals.

Harold Gaffney