top of page

PROOF OF JOE's MENTAL CAPACITY

Joe's Capacity has been the central litigation issue that spanned out of multiple litigation hearings for more than 4 years. The respondents relied on the rules of law in the Substitute Decisions Act (1992) and embedded in the Canadian Charter of Rights of Freedom to obtain a fair judicial hearing. 

​

Purpose of the Substitute Decision Act (SDA 1992).

  • Abrams, 2008 CarswellOnt 4301 (S.C.K., at paras 47 and 49 and Sylvester v. Britton, 2018 ONSC 6620 (CanLII)) that the purpose of the SDA is to protect vulnerable persons and therefore contains various procedural and substantive safeguards for those who are incapable of whose capacity is in issue.

​

Sub rule of SDA Act Section 3.1(b)  The person shall be deemed to have capacity to retain and instruct counsel. 1992, c. 30, s. 3 (1) was the mainstay of the respondents arguments.

​

PROOFS THAT JOE HAD CAPACITY

LINKS TO VIDEO AND AUDIO RECORDINGS
CBC Radio-TV Broadcast Feb 19, 2020
MULTI MILLION DOLLAR FAMILY FEUD
VIEW
Joe conducting a meeting with his lawyer and other parties about his POA, Family Trust, etc
VIEW
Joe happy playing with his new cat given to him by his previous caregiver after the death of his old cat.  Joy took the cat away. Joe was heartbroken since he thought she had the cat put down or let it lose in some street. 
VIEW
AUDIO RECORDINGS
Part I. Self Narrated Biography.
Joe describes his professional background, autobiography
Nov 25, 2020
PLAY
Part II Self Narrated Biography.
Joe describes his  technical experience, autobiography
Nov 25, 2020
PLAY
Wellness Check request,  Police badge#2617  Live Interview
June 18, 2021. The constable concluded that Joe had capacity.
PLAY
About Burnstein’s visit accompanied by Gary Katz ; Nov 27-2020. Narrating Mr. Burnstein’s plot and interview that did not follow the SDA’92 rules and guidelines of the Ontario Capacity Assessment Office. 
Joe describing Burnstein’s suspicious behavior; Nov 27-2020
PLAY
Joe describing Burnstein’s suspicious behavior; Nov 27-2020
PLAY
Joe's complaint about her daughter's  threats to move him  and be institutionalized in a home for the demented. He was insistent in staying in his own residence, where he still feels safe. 
PLAY
Instructing Tito to follow up missing $1.45million. His daughter stated that she does not know anything about it, yet the unauthorized withdrawals did not stop. By 2018, about $2 million could not be accounted for, as Joy had taken a complete control of his accounts which remains unaccountable.
 +
PLAY
Joe was notified and upset about the  $100,000 of his money given to Todd to pay Todd’s legal fees divorce case.  +
PLAY
Joe complaining that Dr Jeremy Levenstadt, of BPM medical, a private clinic was threatening him if he calls the police for help. 
PLAY
Joe complaining about Miriam Peter’s lack of service. Miriam was a lawyer hired by the plaintiffs to represent Joe’s interest. Miriam also worked for Joy in a previous case, which was a serious conflict of interest. (2020-05-09) and was working with MP LLP collaborating against him.
PLAY
Verifying if Joe knows who his preferred  lawyer is  (2021-06-18) because as the purported POA agents hired a lawyer who turned against him and prevented him from writing a new will. 
PLAY
Joe stating that George Windsor is his true lawyer
(2021-02-20)
PLAY
Joe providing instruction where to meet outside his apartment where there are no spy cameras and microphones present. The caregiver Aylse Uwamba tried to help. She  who was latter fired for sympathizing with Joe.  (2020-09-04)
PLAY

The September 5th, 2020 Police Intervention

The attorneys called police to intervene  after Joe rode his mobility scooter downtown and refused to go inside the house where the attorneys implemented a ban against his wife and legal team to enter.  
Audio Play

Helvetica Light is an easy-to-read font, with tall and narrow letters, that works well on almost every site.

More Ottawa Police officers arrived
Audio Play

Helvetica Light is an easy-to-read font, with tall and narrow letters, that works well on almost every site.

Police interview:  Joe demands respect for his rights not to be confined as a prisoner in his house. He demanded to  be allowed freedom of movement and social contact.
Audio Play

Helvetica Light is an easy-to-read font, with tall and narrow letters, that works well on almost every site.

Joy Overtveld  accused Tito Jurado and George Windsor, his lawyer,  are criminals
Audio Play

Helvetica Light is an easy-to-read font, with tall and narrow letters, that works well on almost every site.

Joy, on the left of the image,grabbed legal documents from Windsor’s hands who was sitting inside Tito’s car and hid the documents inside her own car.
Audio Play

Helvetica Light is an easy-to-read font, with tall and narrow letters, that works well on almost every site.

​Mr. Windsor demanded police to retrieve  his documents and returned to him.
Audio Play

Helvetica Light is an easy-to-read font, with tall and narrow letters, that works well on almost every site.

Joe reviewing an Oct 2017 document provided to him
Audio Play

Helvetica Light is an easy-to-read font, with tall and narrow letters, that works well on almost every site.

Joy exhibited and orders from the Judge, the purported 2011  POA to the OPS to keep Joe confined inside the house.
Audio Play

Helvetica Light is an easy-to-read font, with tall and narrow letters, that works well on almost every site.

​Joe wanted the police who were called to let his wife who was outside to be let in. Todd was enforcing the highly contested POA rules that the judge validated. The police refused Joe’s request to see his wife.
Audio Play

Helvetica Light is an easy-to-read font, with tall and narrow letters, that works well on almost every site.

bottom of page