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                   THE OVERWHELMING EVENTS. 

Who is who?  A short list of the major characters.
RESPONDENTS
  • Gilles Jozias Overtveld (aka Joe) - The principal victim is an electronics engineer, born in the Netherlands, (1928-2023). Gilles speaks fluent English, Dutch, German and Spanish. His last salaried  position was with the Department of Communication before retiring. He owns Gi-Las Ltd, a company that owns and manages 100+ apartment rental units in Ottawa.
  • Rachida Youmouri - Widow of Gilles Overtveld,  born in Morocco, Federal Government Employee. She earned her Masters at Universita Pasquale Paoli  in France in Human Resources and the University of Manchester MBA. Rachida speaks and writes  French, English and Arabic.
  • Enrique Jurado (aka Tito )- Consultant & professional services provider in I.T. Enterprise systems, for the government & legal practice, building construction software since 1968. Entered a contract to  provide professional services to Gilles  in Aug 2018 to enable him to ability to retain lawyers and investigate what happened to all his missing assets in his bank. Enrique was born in the Philippine in 1943 and immigrated to Canada in 1973 from Europe where he studied in the I.T. sector the London and worked for more than 10 years  in Europe establishing permanent residences in Norway and Geneva, 
APPELLANTS
  • Joy Overtveld - Joy is a lawyer and is the only daughter Gilles Overtveld from his first marriage. In Joy's affidavit, she stated that she studied Law in the University of Ottawa  where she claimed of graduating with a Magna Cum Laude distinction. She filed FC19-1504 application against to annul Rachida's marriage to her father. In 2017-2018 she also filed application  CV17-74847, she challenged the marriage of Kim Tong Chang and Nicole Presentey's marriage as invalid to be appointed as guardian of Mr. Chan's estate.
  • Todd Overtveld - is the only son of Gilles Overtveld. Todd previously worked at Ricoh Canada (Ottawa) as a technician. His skill set allowed him to control every aspect of his father's ability to have private conversation. He installed multiple cameras and controlled telephone access of the persons who can talk to his father.  During the last 9 months of his father's life, his father was denied access to any communication devices at all. 
  • Gary Katz - Gary is a CPA chartered account and is a senior partner of Logan Katz LLP of Ottawa and Toronto. He stated that he has been working for Gi-Las for 30 years. But late in the 80's he noticed that Gi-Las was being mismanagement  and on March 14,  2011 he presented Gilles a Power of Attorney for Property whereas appointing himself and his two children as the beneficiaries.  The respondents are challenging the validity of the POA since it's execution does not follow the regulations of the SDA'92 act designed to protect financial abuses. He is affiliated with the Glebe Centre for long term care and held the position of chair of the board in 2015. 

Rev 3, 2023 Aug 20

Ottawa, ON. Joe's full name is Gilles Jozias Overtveld. He was born in Jun 1928 in Middleburg, the Netherlands.  Joe died under mysterious circumstances to June 11th, 2023 just six days after his 95th birthday according to his wife and friends. A family feud has been perpetuating since 2016 and was initially covered by a CBC media and aired on Feb 19th, 2019.  https://www.cbc.ca/news/canada/ottawa/multi-millionaire-annulment-lawsuit-1.5456835

 

The perpetrators’ wishes were granted after Joe was taken away from his home and moved to a retirement home. When and where he was moved to was kept secret. This happened when his trusted physio therapist, Drago Price tried to find him after he arrived from holidays abroad.  Joe and his caregivers were always worried that being moved away from his home will kill him. This was a threat that was always used to get him to conform to the wishes of his children. This happened when nobody was around to monitor what was happening. The irony is that a passing of account for his estate was already in progress since Jan 30th, 2019 as ordered by Judge M. Labrosse. A passing of account is generally a process performed by the executor of the will of the deceased person and Joe was still alive.

 

On January 25th, 2023, Joe was declared without mental capacity since Sept 6, 2017 by the same judge. This raised a sleuth of controversy. Does it mean that all that legal episode between Sept 2017 to the day he died be rendered nil. The respondents behind Joe are wondering if millions of dollars of legal work and efforts are now lost and misspent  into the pockets of lawyers? This is now the reality that is overwhelming  all of Joe’s close associates facing million dollar claims filed against his wife, his lawyer and friends. The adversary is trying to declare that Joe did have capacity to marry since Sept 6, 2017 or be represented by legal counsel.

 

Joe served in the Merchant Marine before immigrating to Canada. In Canada, Joe qualified as an electrical engineer while working for Bell Northern Research Communications and is the named inventor of three patented inventions. He later worked for the Department of Communications of Canada, managing the government's national telephone system. He met Enrique and procured custom hardware and software services from Jurado & Associates Ltd. to manage the government's national telephone system. Joe is also a very successful real estate entrepreneur. He incorporated and built up Gi-Las Management and Maintenance Ltd. with more than 100 rental units in the city core, having a market value of $30 million in 2018, and in addition, Joe had almost $4 million in his investment accounts. Gi-Las real estate holdings value is about $45+ million in 2023. His assets were all taken over by his purported attorneys.

In 2017, Joe developed sciatica, a nerve problem that limits his mobility rendering him physically disabled.  On July 21, 2017, Joe's bank, the TD s sent him an alert notifying that over $800,000 had been transferred from his investment account in 2017 and that $650,000 had been transferred from his account in 2016. Joe knew nothing about these transfers from his account, so he asked his daughter Joy, a lawyer, and his accountant, Gary Katz, whom he had previously named two of his attorneys for property, for an explanation, but they would say nothing. Suddenly Joe found he could no longer access any money from his bank accounts, and his bankers would not talk to him. In addition, his daughter took away all his bank cards, credit cards, identification cards, and passport at about the same time. It was in this destitute and isolated condition that Joe telephoned his friend Enrique Jurado and asked him for help.

The mysterious disappearance of Gilles funds coincided with Joy's court application for CV17-73847 case "Joy Overtveld vs Kam Tong Chan". It is the respondents belief  that the funds were taken to sustain this costly judicial case. Joy was able to afford the best and high priced lawyers in Ottawa and Toronto. During the Feb 2021 cross-examination hearing where she got the money and she said that she mortgaged her house. The respondents could hardly believe that, as we doubt her property was worth enough for a mortgage to sustain the case financially.

In 1973, Enrique Jurado is a Filipino, who immigrated to Canada after working with the United Nations in Geneva. He settled in Ottawa and worked as a senior consultant and manager of the small business division of a start-up company SHL International Ltd. This company is an information technology service company serving North and South America. In 1995 MCI Communications Corporation, based in Washington, DC, acquired SHL for $1 billion in 1995. Enrique decided to work on his own and incorporated Jurado & Associates Ltd in 1984. He was awarded a recognition medal by Governor General Ramon Hnatyshyn for Community Services in 1992 and awarded the Queen's Golden Jubilee Medal in 2002. He worked in the Information Technology sector as a senior consultant until partially retiring in 2017.

Was this a bank issue?

On Aug 14, 2018, Enrique was on vacation enjoying his semi-retired status when he received an urgent phone call from his old friend and business associate, Joe Overtveld, then aged 89. Enrique returned to Ottawa the next day and found Joe in bed, helpless, in an unhealthy environment with hardly anything to eat. Enrique lent him a few thousand dollars and helped with his grocery bills. Joe has a live-in Filipina caregiver named Maritess Llagas, to whom Joe's daughter had assigned domestic chores and had look after Joe. However Maritess complained that Joy didn't give her enough money to buy groceries. and expected her to use her own credit card to sustain the food and pharmacy bills.

In Sept 2018, Joe and Enrique thought that Joe's financial problem was a problem with only the TD bank that he uses. Joe with his new lawyer Mr. Rapapport and Enrique visited Joe's bank, TD Wealth Management.  Joe had a private investment account and they spoke directly with TD's V.P. Marc Lalonde. Mr. Lalonde told them that the bank's  investigation unit had locked Joe's accounts but was expected to be cleared up very  soon. This was far from the truth. By November 2018, all his assets were permanently terminated and transferred to a private Alter-Ego-Trust managed by the purported POA attorneys.  Joe was devastated to be rendered destitute at the mercy of his attorneys. He felt that TD bank lied to him the bank and provided false assurance. 

The respondents tried to investigate if the pretentious Dr. Burnstein opinion was instrumental why the TD bank was not supporting Gilles.  If so, was a fraud committed and should a report be made for the disappearance of $1.45 million initially reported by TD. TD bank cited privacy concerns and refused to provide the information.  If Gilles mental capacity was an issue, would the banks V.P. Marc Lalonde question the validity of Dr. Burnstein's claim. Gilles had at least 3 meetings with Mr. Lalonde. He would have communicated his opinion to the bank's legal department for caution as Joe was able to represent himself personally and give instructions.  We believed he was prejudicial and his opinion was already formulated that his client does not have capacity.

 

This would contradict the opinion of Dr. Barbara Collins, and the three lawyers who represented Gilles. It is a general practice for lawyers to verify that their propective clients understands the Rule of Law for them to willingly accept to be retained. The screening process is the standard practice. The lawyers who practices this procedure are: Alicia Natividad, Michael Rapapport, Miriam Peters and  Kimberley A. Whelan, the founder of Wels LLP in Toronto. The lawyers interviewed Gilles to ensure that he has the capacity to provide reliable instructions before undertaking the assignment as the lawyer on record.

In August 2018, Joe and Enrique decided to hire a lawyer. They hired Alicia Natividad, who is a sole practitioner and operates her own law firm, ASN Professional Services. She is well connected and well respected in Eastern Canada.  She found out that three persons were involved in the TD banking issues. They were Joe's two children, Joy Overtveld and Todd Overtveld, and his accountant, Gary Katz, a partner of Logan & Katz LLP, Chartered Accountants, who provided accounting services for Joe and Gi-Las Management Ltd, that Joe owns.

Joe then remembered that in March 2011, his accountant Gary Katz had had two powers of attorney (PoAs) prepared and had coerced Joe to sign them as a matter of routine in case documents needed to be signed by Joe while he was away from Ottawa. During that period,  Joe frequently traveled to Cuba.  Joe did not know what a PoA was all about and questioned Mr. Katz about what they were. Mr. Katz then stated that the documents was to protect the company and that he can revoke them at anytime.  Joe signed the two PoAs, one for Property and one for Personal Care, trusting and relying on the integrity and advice of his accountant, Gary Katz. No one else was present to witness Joe's signatures, which rendered the PoAs he signed ineffective under the SDA Act '92.

A PoA (power of attorney) is a signed document by which the signer, called the donor, the giver of the power, and the principal of the appointed agent, authorizes another person or persons to act as the donor's agent or agents. This signed PoA in the agent's hands tells other persons the donor has given the agent power to perform certain specified acts or types of acts for and in the name of the donor or principal. The primary purpose of the PoA is to give evidence to third parties with whom the agent deals of the agent's authority to act for the donor or principal. When an agent, acting for the donor or principal, agrees with a third party, it is as if the donor or principal had agreed with the third party and, after the agent signs the agreement, the agent drops out and disappears.

 

The author of the PoAs was Ottawa lawyer Chuck Rotenberg. He had previously gone bankrupt three times. The third time was after misappropriating $200,000 from a client's trust account and losing it and then going bankrupt. The Registrar refused in 2006 to give Rotenberg a discharge from this third bankruptcy. He remains undischarged to this day.

 

Eventually, the Law Society disbarred him in 2014 for professional misconduct for misappropriating the

$200,000 from his client's trust account, resulting in the third bankruptcy. In the PoA for Property, lawyer Rotenberg inserted words authorizing the attorneys to take the donor's property.

"… I authorize my attorney(s) to take physical possession of all of my property, including property held in a safety deposit box, property held in safekeeping by others on my behalf and property held by others subject to some professional privilege, which privilege I waive for this purpose….."

These words are most foolish and irresponsible. Joe would not have signed the PoA for Property if he had known it contained this provision which Joe calls the "pickpocket" provision. Using the PoA for Property and its pickpocket provision, Joe's attorneys emptied all of Joe's investment accounts of approximately $3.9M and moved his other assets into a private trust of which they are the trustees, leaving Joe destitute. In addition, the same persons, Joy and Todd, under the PoA for Personal Care, started to "take care" of destitute Joe by holding him hostage in isolation so that he could not complain about their taking his property under the pickpocket PoA for Property.

Once Joe had hired Enrique to help him get rid of his 2011 attorneys, Joe's strategy was to revoke the 2011 PoAs, which they believed Joe could do at any time.

 

The 2011 PoA agents, however, did not want to give up their control over Joe and his property and anticipated that Joe would try to do this. Accordingly, within six weeks after July 21, 2017, when TD Canada Trust sent Joe the suspicious activity report by email.  Joe's 2011 decided to hire an unethical social worker named Leonard Burnstein, whom the Ontario Capacity Assessment Office had designated as able to assess people's mental capacity. The license to practice the profession is provided by the Ontario Capacity Assessment Office (OCAO) after a special professional training. The OCAO have rules and guidelines that must be adhered to.

 

Gary Katz had introduced Burnstein to Joe as an investment advisor with accountants Logan Katz LLP so Burnstein could interview Joe covertly. Burnstein had interviewed Joe for about half an hour and tried to unsucessfully to convince Joe to create a Family Trust issued for his children. The fraudulent report worked with TD Bank with the exception of RBC who decided not to release Joe's assets until ordered by the court.  The plot would have worked perfectly, if Joe died without other beneficiaries. J oe's new marriage provided a major cog on the wheel which Joe stated in the February 19, 2019 CBC Radio and TV coverage .

 

Gary Katz had solicited and bought a defaming opinion from Burnstein. For the most part based 95% of the  information content were provided by the 2011 attorneys. Based on Burnstein's smearing opinion, the 2011 attorneys had deemed Joe was already demented and mentally incapacitated as of September 6th, 2017. This date became an important factor of what lead to Joe's demise. The date suspiciouslly coincided with the date when Joe instructed Gary Katz to investigate what happened to his missing funds reported by TD bank.

Early in 2019, it was suspiciouslly obious The 2011 agents having previously delivered the 2011 PoA for Property to the bank to establish their authority with TD bank to act as Joe's agents for Joe's accounts. Along with Mr. Burnstein's fraudulent opinion disguised to look like an official capacity report,  Joe's deceitful 2011 agents for property took over absolute control of Joe's bank accounts. To extend the deception in the court hearings, the 2011 attorneys deceitfully gave Mr. Burnstein a false title of Dr. Burnstein to give him a higher level of credibility in the court.  We are not sure if Justice M. Labrosse is aware of the lies on the the sworn affidavit submitted when he produced his Judgement in January 25, 2023.

In October 2018, Enrique was able to retain the services of designated capacity assessor Dr Barbara Collins, who provided a Capacity Assessment Report that Joe is not mentally incapacitated and that he could revoke the 2011 PoAs and make new PoAs to replace them. We do not understand why Dr. Burnstein, the fake doctor, is the preferred private opinion over a highly qualified professional and official opinion that Dr. Collins submitted in Justice M. Labrosse in his January 2023  judgement.

Joe's claim CV-18-78751 (Ottawa) for $5 million damages and the Judge.
 

Joe retained the services of another lawyer, Michael Rappaport.  After having tried desperately to revoke the 2011 PoAs, made new 2018 PoAs appointing new 2018 attorneys, and getting married to Rachida Youmouri, Joe brought action No. CV-18-78751 (Ottawa) against tedeceitful 2011 agents and others claiming they had defrauded him of $4 million and seeking restitution and damage

 

The defendant deceitful 2011 agents, however, responded with an army of lawyers they pay for using the millions of dollars they have taken from Joe, while Joe has no money with which to pay for a lawyer. The deceitful 2011 agents are most unjustly using Joe's financial assets to mercilessly attack Joe in Court, acting against Joe's interests with complete disregard for, and in material breach of, their statutory duties owed to Joe. Instead of protecting Joe, under the influence and inducement of the 2011 attorneys and their corrupt, dishonest, and money-grubbing lawyers, Judges of the East Region have made extrajudicial wrongful and oppressive decisions against Joe, that are biased in favour of the deceitful 2011 agents, that are highly prejudicial and life-threatening to Joe, and highly prejudicial to his wife Rachida and his friend Enrique. The deceitful 2011 agents' influence over and inducement of the Judges of the East Region of the Superior Court of Justice of Ontario to cause them to collude with each other and with their former law firm partners representing Joe's deceitful 2011 agents has destroyed Joe, Rachida, and Enrique's belief that in the Superior Court of Justice of Ontario there is any fairness and justice in accordance with the laws of the Province of Ontario, including the Canadian Charter of Rights & Freedom - Human Rights Code.

 

Using deceitful and misleading out-of-court communications contrary to Rule 1.09, without the necessity of filing statements of defence, the deceitful 2011 attorney defendants obtained a Case Conference on January 30, 2019 presided over by the Honourable Justice Labrosse at which His Honour made an order purportedly on consent, but factually without the individual appellant's consent, in which His Honour inter alia revoked the individual plaintiff's 2018 PoAs, declared the individual plaintiff's deceitful 2011 PoAs he was hoodwinked into signing valid and in full force and effect, declared the deceitful 2011 attorney defendants could continue to act under the deceitful 2011 PoA's, and stayed the appellants Action No. CV-18-78751 pending the deceitful 2011 attorney defendants' passing their accounts before His Honour Justice Labrosse.

In December 1992, the Ontario Legislature had enacted the SDA, Substitute Decisions Act,  supposedly to protect the elderly. In practice, however, this is something it most assuredly does not do. 

https://www.publications.gov.on.ca/300635

On January 30, 2019, a Case Conference was held in Action No. CV-18-78751 and the Honourable Justice Marc Labrosse presided. Joe and Enrique were in attendance and witnessed several unusual threats to the rule of law coming from the Judge. The Judge warned Joe's new lawyer, Michael Rappaport, and Joe's friend, Enrique, that for bringing Joe's Action No. CV-18-78751 to the Court, he and Enrique would be liable to the defendants for their costs. He then purportedly acting on consent, made an Order dated January 30, 2019 in Joe's Action No. CV-18-78751 that the defendants somehow tricked or influenced or induced His Honour Judge Labrosse to signing. In this Order prepared by the defendants, Judge Labrosse declared that the two 2011 PoAs for Property and for Personal Care that Joe's accountant Gary Katz had tricked him into signing were valid—despite the facts (I) that Joe's signature was not witnessed as required by §10(1) of the SDA and the PoAs were ineffective as provided by § 10(4) of the SDA, and (ii) Judge Labrosse was restoring to power over Joe's money and person the deceitful 2011 agents for property who, Joe had claimed ¶29 of his Statement of Claim in his Action No. CV-18-78751, and stolen

$2 million of his money—and that the 2011 attorneys could continue to act under them; and declared that Joe's new 2018 POA's for Property and for Personal Care were invalid. In other words, Judge Labrosse disgracefully put the crooks back in control over Joe and his money.

Judge Labrosse also ordered the 2011 attorneys for property to pass their accounts before himself, Judge Labrosse; ordered the 2011 attorneys to pay reasonable expenses incurred for Joe; stayed Joe's Action CV-18-78751 pending the 2011 agent's passing their accounts; ordered himself seized of Action CV-18-78751; and provided the parties could go back to him for further directions.

By necessary implication of making this Order, without considering any evidence, Judge Labrosse intentionally found Joe lacked the mental capacity to revoke the 2011 PoAs, to make the new 2018 PoAs, and to bring his Action No. CV-18-78751. Preposterous! Disgraceful!

To attack this Order that Joe considers unjust and unjustifiable, Joe asked the Court for a transcript of the Case Conference on January 30, 2019, but was advised by the Court that no recording of it had been kept. Joe thinks that this absence of a record is evidence that the Order was made under suspicious and questionable circumstances, is improper, and should be invalidated.

The Honourable Judge Labrosse was seemingly oblivious to the statutory legal provisions of the SDA. In the Order dated January 30, 2019, His Honour ordered the 2011 PoA agents to pass their accounts before him and gave the deceitful 2011 agents eight months to file their application to pass their accounts before His Honour, as if Joe were dead, instead allowing Joe's Action No. CV-18-78751 to proceed or ordering the deceitful 2011 agents to comply with the SDA and its Regulation No. 100/96 that requires the 2011 PoA agents to keep records and to provide copies of those records and accounts to Joe upon request irrespective of his mental capacity.

Not only did Honourable Judge Labrosse ignore §10 (4) of the SDA when he validated the contentious 2011 PoAs that Joe did not sign in compliance with §10(1) of the SDA, and but also His Honour ignored the provisions of the SDA Regulation No. 100/96 that (i) requires Joe's 2011 PoA agents to keep specified financial accounts and records and (ii) requires Joe's 2011 PoA agents to give copies of those financial accounts and records kept to Joe upon request. The deceitful 2011 agents' failures to provide Joe with copies of the accounts and records that he has asked them for in writing is a serious breach by Joe's 2011 PoA agents of a statutory duty.  The Passing of Accounts is usually used after a person dies and there is a disagreement amongst the person's beneficiaries about the administration of the deceased's estate. The beneficiaries require that the deceased's person's executors and trustees to pass their Estate accounts before the Court, which stands in for the deceased testator. This has been extended and adapted to cases where the donor of a PoA dies and there are questions about the PoA agents' actions on behalf of the deceased donor. Here the Honourable Judge Labrosse has treated the donor of the POA, Joe, as if Joe had died and has ordered the 2011 PoA agents to give the Honourable Judge Labrosse, instead of Joe, their accounts of what they did for Joe, for review by His Honour in the place of Joe. This makes no legal sense whatsoever, except to judicially validate Joe's 2011 agent's criminal plundering of Joe's property.

The SDA act requires that POA attorneys must provide their accounts and records to the donor of the power upon request is a critical constraint to prevent the attorneys from financially abusing their grantor. Since Jan 30, 2019, the 2011 attorneys have not passed their Accounts. Nor have they provided Joe with their accounts and records as required by the SDA. In short, the 2011 PoA agents are in possession of all Joe's fortune and have been spending it freely as well for their own benefits as for Joe's with judicial assistance and no accountability. The Honourable Judge's ignorance of or disregard for the provisions of the SDA is a concern to Joe and his wife, friends, and supporters. We are not sure that His Honour is not feigning ignorance of the SDA. His Honour's wife is a lawyer who runs a law firm that specializes in family law.

The judicially restored 2011 PoA Agents bring Three False Applications against their Principal. Restored to power by the Honourable Judge's injudicial conduct, and enabled by their possession and control over Joe's money, the 2011 PoA agents commenced a massive retaliatory campaign against Joe and Joe's friend Enrique and Joe's wife Rachida, by hiring new lawyers to bring three false applications.

 

In August 2019, the judicially restored 2011 POA agents brought Application No. FC-19-1504 (Ottawa) naming Rachida Youmouri as respondent for the annulment of Joe's marriage to her because Joe did not consult his children, had not entered into a pre-marital agreement, and lacked the mental capacity to marry.

 

In August 2019, the judicially restored 2011 POA agents also brought Application No. CV-19-81051 (Ottawa), naming Joe, Enrique, and Rachida as respondents seeking an Order judicially declaring Joe incapable of managing his property and his personal care and appointing the 2011 PoA agents Joe's legal guardians for property and for personal care.

In September 2019, the judicially restored 2011 POA agents brought Application No. CV-19-81713-0ES0 naming Joe and The Office of the Public Guardian and Trustee as respondents for the passing of the 2011 POA agents' accounts before the Honourable Judge Labrosse.   Joe was not informed of any results of the passing of accounts.

 

On November 1, 2019, in a Case Conference in Application No. CV-19-81051 (Ottawa), the capacity application, Judge Labrosse stated that Joe could not be represented by a lawyer because he is mentally incapable. In doing so he ignored the presumption of capacity in §2 of the SDA and the deeming provision in §3 of the SDA that Joe is deemed to have capacity to instruct a lawyer. Judge Labrosse pressed the respondents to consent to his making an Order asking The Office of the Public Guardian and Trustee to appoint a lawyer for Joe, as a mentally incapable person, and warned the Respondents in the strongest possible language that there would be a summary cost against them personally if they did not consent us and were wrong about Joe's mental capacity. His Honour gave the respondents time to go to the Court library to look at the Substitute Decisions Act. The Respondents were right about the provision of the SDA, and refuse to consent to His Honour making the indicated §3 order. Subsequently Joe was able to engage another lawyer relieving the respondents from the threat of a cost order against them personally.

 

But His Honour's perception of Joe's lack of mental capacity and previous statement that Joe's mental capacity is irrelevant created a confusing message. His previous statement on the findings of positive mental capacity by Dr Barbara Collins was rendered useless in his Jan 30, 2019 statement: Doctor Sarazin and Doctor Collins, in his Honours opinion cancelled each other. Enrique remembered that well, since it cost him more than $10,000 to get the Dr. Barbara Collins, Phd Physio, Capacity Assessment Report, only to have it rendered useless by Justice Labrosse's Judicial disregard.

 

Another suit against Rachida and Enrique followed claiming defamation, that Joe was brain washed when the CBC—Canadian Broadcasting Corporation—Canada's national network reporter Jennifer Chevalier interviewed Joe and Enrique and discussed Joe's marriage to Rachida. This defamation lawsuit seeks $250,000 in damages in addition to their court costs and legal fees.

Aside from the monetary issues, the Covid-19 pandemic provided the 2011 PoA agents for Personal Care with a golden additional external reason to isolate Joe from all the other respondents, who are his wife, his friends, his supporters, and his lawyers. No one of these persons has been able to have direct contact with him since February 2020, which is more than 1-1/2 years ago. Joe's son and 2011 agent for  Personal Care, Todd, inhibits incoming telephone calls to Joe. Joe can communicate only when and if he can call out. The 2011 attorneys refuse to deliver to Joe, his wife, and his friend Enrique, the 10,000+ pages of legal documents that Joe needs to review in order to respond to the deceitful 2011 agents Applications which, with Judicial assistance, they are using as weapons against Joe. Rachida, his wife, is not able to visit him. Joe's lawyer also may not see him. Joe is in, but for paid caregiver, solitaryconfinement. He was hardly allowed to step out of his dark apartment to enjoy the fading summer days.

 

 

 

 

The situation has been reported to the Ottawa Police Services many times, but they say that Judge Labrosse's Order dated January 30, 2019 stands and they cannot interfere. Judge Labrosse's response is that he does not want to micro-manage the deceitful 2011 agents and the situation is not his concern. The respondents' opinion is that this is obstruction of justice under §139(2) of the Criminal Code of Canada and concealing an indictable offence under §141(1) of the Criminal Code. Joe's situation is worse than a criminal serving a prison sentence.

Judge Labrosse mistreatment of Joe by staying Joe's Action No. CV-18-78751, and by reinstating and maintaining in position Joe' deceitful 2011 agents, and by judicially validating the deceitful 2011 agents three false Applications against Joe, violates Joe's human rights under the Ontario Human Rights Code and under §§7, 8, 9, 12, and 15 of the Canadian Charter of Rights and Freedoms which provide as follows.

"7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

"8. Everyone has the right to be secure against unreasonable search or seizure.

"9. Everyone has the right not to be arbitrarily detained or imprisoned….

"12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment….

"15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability."

The rules specified in the Human Rights code have good intentions. However, the repondents believe that this rule applies to the government or persons of authority. If a private group violated these rules, as in Joe's case, should the violaters be also held accountable?  In Joe's case the rules were violated by both groups. 

More action at great cost.

In December 2020, the Joe, Enrique and Rachida were appalled about how the presiding judge, Judge Labrosse, was mismanaging as if they were genuine the three False Applications brought by the judicially restored deceitful 2011 agents has brought against Joe in August and September 2019. They concluded that it was likely Judge Labrosse had advised the restored deceitful 2011 agents to bring the three False Applications and that Judge Labrosse's conduct in them was so biased and so prejudiced against Joe and so partial to and so predisposed in favour of the 2011 attorneys who had stolen Joe's money and were isolating and holding him hostage to stifle his complaints it evidences judicial oppression and judicial criminal misconduct on the part of Judge Labrosse and other judges of the East Region and they were running out of options. Enrique and Rachida each sent a letter of complaint to the Canadian Judicial Council. In March 2021, the Canadian Judicial Council issued perfunctory standard form letters rejecting the complaints, recommending that they address their complaints directly to Justice Labrosse.

Accordingly Enrique and Rachida told Justice Labrosse they would like to bring a motion to have him recuse himself but did not know how to do it themselves and so were looking for lawyer's to act for them.

In June 2021, Enrique and Rachida retained another lawyer to prepare a motion to have the judge recuse himself from the case in accordance with the Canadian Judicial Council's recommendation. The lawyer started to prepare the motion, but had to review almost 6,000 pages of court proceedings. It took almost two months for him to put together the documents for the recusal motion. Then the lawyer got cold feet, however, and advised Enrique and Rachida there was little chance the motion was succeed and therefore he did not want to bring it. It is virtually impossible to have a judge admit any wrongdoing when he is sitting on the bench to judge his own actions. This allowed their new lawyer to start to act for them in the False Applications as if the false applications were genuine billing large fees for his purported services on meaningless motions. The respondents had already spent more than $100,000 to put the motion together. It was disappointing for Enrique and Rachida to have their new lawyer, having said he would bring the recusal motion, exhibit so little wisdom, integrity, and courage as to drop the ball and not place their recusal motion on the record, forcing Judge Labrosse to dismiss it in order to stay on the record as Case Management Judge over the three False Applications.

Joe starts a new Action outside the East Region in the City of Brampton in the Central West Region Ottawa is a small and highly politicized City. Because of Logan Katz LLP involvement most law firms in Ottawa said they had a conflict and could not act for Joe. Gary Katz is very influential person who is regarded a pillar in his cultural community.   Further Joy Overtveld is a lawyer who was practised in Ottawa on for 40 years and is very well connected with the legal community.

Joy's guardianship application for her father Joe is Joy's second such Application filed in less than four years. She filed Application No. CV-17-73847 (Ottawa) between Joy Overtveld and Kam Tong Chan (Joy's now deceased brother-in-law) and his wife Nicole Presenty. Kam Tong Chan was the guru of a 22 person undefined cult where Joy exercised administrative roles and took care of Mr Chan's children. Mr Chan owned about ten residential buildings and Nicole Presenty owned an engineering company. Nicole’s affidavit stated that Joy and another member of the cult married Mr Chan's two brothers under false pretences to facilitate their immigration entry to Canada from China.

It appeared to Joe on the basis of his experience, that Joy and Gary Katz had extraordinary influence over the judiciary in Ottawa. Facing judicial oppression and judicial criminal misconduct on the part of Judge Labrosse and other judges of the Ottawa Court in the East Region of the Superior Court of Justice of Ontario, Joe decided that it would not be possible for him to obtain justice in Ottawa.

Accordingly, Joe commenced a new action, Action No. CV-21-00001933 in the City of Brampton, Ontario in the Central West Region, claiming civil remedies not only for the financial torts Joe's 2011 attorneys committed against him but also claiming civil remedies against the lawyers and court officials who conspired to help the 2011 attorneys perfect their financial torts by having Joe's 2018 PoAs set aside, the 2011 PoAs validated, the deceitful 2011 agents restored to power, and Joe's Action No. CV-18-78751 (Ottawa) sidelined and replaced by the three False Applications brought by his deceitful 2011 agents against his wife Rachida, and against him and his friend and his wife Rachida, and against him in the Office of the Public Guardian and Trustee, all "case managed" by Judge Labrosse.

When Joe served the defendants with his new Statement of Claim in Action No. CV-21-00001933 (Brampton) the defendants hired new lawyers in Toronto who followed exactly the same course of conduct as Kathleen McDormand had in relation to Joe's previous Action No. CV-18-78750 (Ottawa): they wrote a Judge contrary to Rule 1.09 this time the Regional Senior Judge, at East Region in Ottawa and complained that Joe had commenced a new Action in Brampton. The Regional Senior Judge instantly delegated his purported authority to deal with their complaint about Joe's Brampton Action to Justice Labrosse. Justice Labrosse promptly moved Joe's Action No. CV-21-00001933 (Brampton) from Brampton in the Central West Region to Ottawa as Action No. CV-21-87127 (Ottawa) in the East Region and then heard Motions for its dismissal against the various defendants. In those Motions, Judge Labrosse struck out claims against some defendants without leave to amend and gave the plaintiff 60 days within which to amend the statement of claim in relation to other defendants.

On March 21st, 2022, Joe and his group delivered to the Senate and House of Commons 23rd Parliament of Canada Assembled a 71 page petition with 27 signatories to address the abuses. The petition was to be tabled in the House and referred to the House of Common’s Standing Committee on Justice and Human Rights. The petition was delivered to the attention of Yasir Naqvi, MP and Jagmeet Singh MP. Despite several requests for an update from Y. Naqvi, MP no response was received. It is possible that the government was overwhelmed with the truck convoy and vaccine protest and the elderly was subjected to collateral damage of the time.

Joe’s Petition to the Parliament.

https://drive.google.com/file/d/1ol1sXvocs-gC_9lGW0Dfv9xsCw4MfaJK/view?usp=drive_link

It remains to be seen whether Enrique can get the Superior Court of Justice of Ontario to treat his friend Joe fairly and justly. To this point in time the Court has delivered nothing but unbelievable prejudice, hostility, and injustice against his elderly disabled friend, Joe.

FAST FORWARD TO 2023

September 6, 2017 is a key date that Judge M. Labrosse has based his January 25th, 2023 judgement summary that Joe does not have mental capacity.  The respondents opinion was that Justice M. Labrosse judgement was designed to:

a) Annul the marriage would have been a new precedent in the legal history of Canada if approved.  A  followed of  resubmission of FC19-1504 to annul Mr G.J. Overtveld and Rachida Youmori's marriage after Joe's death was filed in August 2023. Joe's wife is confused why the attorneys would seek an annulment when she is already a widow.

b) Ensure that Joe's wife succession rights is curtailed. This was followed by the re-submission of FC19-1504 to annul Mr G.J. Overtveld and Rachida Youmori's marriage after Joe's death.

 

c) To punish all those who acted to protect Joe face million of dollars in law suites as evident from the cost submission requested and filed to the court.  An order that this request be granted was filed by the applicants. 

 

d) Stop all actions and investigative activities that the respondents have started to hide the white collar crime and patricide that transpired by taking away their rights by dissociating them away from the Overtveld  family involvement. 

Let’s Work Together

< Under construction >

Ottawa, Ontario

Tel: 613

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