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Report: #162204

Complaint Review: Canadian Government - London Ontario

  • Submitted:
  • Updated:
  • Reported By: lewisville North Carolina
  • Author Confirmed What's this?
  • Why?
  • Canadian Government Office Of The Superintendant Of Bankruptcy Rm 303-451 Talbot St. Cy London, Ontario Canada

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I owned 16 ATMs and the exclusive rights to those locations in Canada. Because of the distance from my location in N.C. I contracted with a Canadian Company to manage both my machines and locations. This Company was forced into bankruptcy by a competitor. The trustee appointed by the court, a Mr. Hartley Bricks, who I believe to be an employee of the compettitor, confiscated and sold my property even though I did not file for bankruptcy.

My inquiries to Mr. Bricks were pretty much ignored. My inquiries to his supervisor a Mr. Ferron Murray were likewise ignored. I was able to contact the district manager a mr John Everett. He promised to look into the matter.

After making excuses and delaying for 6 months he advised me that the Trustee dide nothing wrong. I therefore have no property rights in Canada. My request for answrers to specific questions were ignored. He refused to send me via e-mail an official response, I believe because I was not overjoyed about being taken for $250,000.00 US by their court. Mr Everett insists on my sending him my mailing address. I refuse to do so as I believe he will attempt to come here and confiscate more of my property.

While I don't think he will be successful since unlike in Canada, Citizens have property rights in the US, even Canadian Citizens, I don't want to spend the money on legal fees defending myself. I believe the Canadian Bankruptcy Court employees are compensated soley on the basis of how much property they can confiscate and sell and therefore dont care who owns the property as long as there is some connection to the Company or party in Bankruotcy. I don't know if they could confiscate investements in stocks, bonds or mutual funds but I wouldn't be surprised.

If you invest in Canada in anyway, your property can be confiscated without notice or due process as happened to me.

Neil
lewisville, North Carolina
U.S.A.

This report was posted on Ripoff Report on 10/26/2005 01:53 PM and is a permanent record located here: https://www.ripoffreport.com/reports/canadian-government/london-ontario-n6a5c9/canada-government-before-you-invest-in-canada-be-aware-a-us-citizen-has-no-property-rights-162204. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
5Consumer
0Employee/Owner

#5 Consumer Suggestion

Property Rights are Guaranteed by the Constitution

AUTHOR: Michael - (Canada)

POSTED: Tuesday, December 13, 2005

I read with surprise your comments surrounding property rights in Canada.

For your information, in canada property Rights are protected under the Charter of Rights and Freedoms, which is similar in many ways to the United States Constitution.

I can't analyse what occured in your case, but it appears you were effectively operating a business under a Canadian Subsidary. If you had no Legal agreement with them, or your purpose was to hide or subvert paying taxes in either Canada or the United States, then it may very well be difficult for you to establish and protect the ownership and title of your equipment.

I think you need to consult a Canadian lawyer, to file a claim to recover your property. If you are unprepared to do that, then I can't help but suspect your motives, and that your dealings may not be entirely legal or above board.

A founding principle of law is that to have the court assist you, that you must make your claim with "clean hands", that is to clarify, that the courts in either the United states or Canada will not assist in the recovery of property or damages, where a claimant has acted illegally.

Additionally, there is no such thing as the "Canadian Bankruptcy Court", a trustee can legally be appointed in the case of a bankruptcy, or if petitioned by creditors who are owed money and remain unsatisfied, but there is an established legal procedure that trustees follow. While they are paid from the proceeds of any sales of assets, those fees are regulated, and the extra amounts are paid to outstanding creditors...very similar to the process in the USA.

My advice...talk to a lawyer, before posting information that is incorrect and will mislead others.

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#4 Consumer Suggestion

Property Rights are Guaranteed by the Constitution

AUTHOR: Michael - (Canada)

POSTED: Tuesday, December 13, 2005

I read with surprise your comments surrounding property rights in Canada.

For your information, in canada property Rights are protected under the Charter of Rights and Freedoms, which is similar in many ways to the United States Constitution.

I can't analyse what occured in your case, but it appears you were effectively operating a business under a Canadian Subsidary. If you had no Legal agreement with them, or your purpose was to hide or subvert paying taxes in either Canada or the United States, then it may very well be difficult for you to establish and protect the ownership and title of your equipment.

I think you need to consult a Canadian lawyer, to file a claim to recover your property. If you are unprepared to do that, then I can't help but suspect your motives, and that your dealings may not be entirely legal or above board.

A founding principle of law is that to have the court assist you, that you must make your claim with "clean hands", that is to clarify, that the courts in either the United states or Canada will not assist in the recovery of property or damages, where a claimant has acted illegally.

Additionally, there is no such thing as the "Canadian Bankruptcy Court", a trustee can legally be appointed in the case of a bankruptcy, or if petitioned by creditors who are owed money and remain unsatisfied, but there is an established legal procedure that trustees follow. While they are paid from the proceeds of any sales of assets, those fees are regulated, and the extra amounts are paid to outstanding creditors...very similar to the process in the USA.

My advice...talk to a lawyer, before posting information that is incorrect and will mislead others.

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#3 Consumer Suggestion

Property Rights are Guaranteed by the Constitution

AUTHOR: Michael - (Canada)

POSTED: Tuesday, December 13, 2005

I read with surprise your comments surrounding property rights in Canada.

For your information, in canada property Rights are protected under the Charter of Rights and Freedoms, which is similar in many ways to the United States Constitution.

I can't analyse what occured in your case, but it appears you were effectively operating a business under a Canadian Subsidary. If you had no Legal agreement with them, or your purpose was to hide or subvert paying taxes in either Canada or the United States, then it may very well be difficult for you to establish and protect the ownership and title of your equipment.

I think you need to consult a Canadian lawyer, to file a claim to recover your property. If you are unprepared to do that, then I can't help but suspect your motives, and that your dealings may not be entirely legal or above board.

A founding principle of law is that to have the court assist you, that you must make your claim with "clean hands", that is to clarify, that the courts in either the United states or Canada will not assist in the recovery of property or damages, where a claimant has acted illegally.

Additionally, there is no such thing as the "Canadian Bankruptcy Court", a trustee can legally be appointed in the case of a bankruptcy, or if petitioned by creditors who are owed money and remain unsatisfied, but there is an established legal procedure that trustees follow. While they are paid from the proceeds of any sales of assets, those fees are regulated, and the extra amounts are paid to outstanding creditors...very similar to the process in the USA.

My advice...talk to a lawyer, before posting information that is incorrect and will mislead others.

Respond to this report!
What's this?

#2 Consumer Suggestion

Property Rights are Guaranteed by the Constitution

AUTHOR: Michael - (Canada)

POSTED: Tuesday, December 13, 2005

I read with surprise your comments surrounding property rights in Canada.

For your information, in canada property Rights are protected under the Charter of Rights and Freedoms, which is similar in many ways to the United States Constitution.

I can't analyse what occured in your case, but it appears you were effectively operating a business under a Canadian Subsidary. If you had no Legal agreement with them, or your purpose was to hide or subvert paying taxes in either Canada or the United States, then it may very well be difficult for you to establish and protect the ownership and title of your equipment.

I think you need to consult a Canadian lawyer, to file a claim to recover your property. If you are unprepared to do that, then I can't help but suspect your motives, and that your dealings may not be entirely legal or above board.

A founding principle of law is that to have the court assist you, that you must make your claim with "clean hands", that is to clarify, that the courts in either the United states or Canada will not assist in the recovery of property or damages, where a claimant has acted illegally.

Additionally, there is no such thing as the "Canadian Bankruptcy Court", a trustee can legally be appointed in the case of a bankruptcy, or if petitioned by creditors who are owed money and remain unsatisfied, but there is an established legal procedure that trustees follow. While they are paid from the proceeds of any sales of assets, those fees are regulated, and the extra amounts are paid to outstanding creditors...very similar to the process in the USA.

My advice...talk to a lawyer, before posting information that is incorrect and will mislead others.

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#1 Consumer Comment

US Citizens are afforded protection under the law

AUTHOR: Don - (Canada)

POSTED: Sunday, December 11, 2005

There is obviously something rather unique going on here as the laws for bankruptcies do not allow for a creditor to seize a third-party's assets without a lawful reason. To take your case to an absurd level this would be akin to allowing a creditor to seize an office building because a cleaning company went bankrupt. In addition, the laws dont even allow for the seizure of assets that are secured as part of a loan agreement. For example if your machines where purchased with a loan from (for example only) GE Capital, then GE Capital would be the only ones that could seize the equipment. If you are being told otherwise then you need to speak to a lawyer immediately to seek redress. There are several very reputable law firms in London and they would be more than glad to assist you.

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