Summary of what worked and what didnt in 2015

[binthere]

the writ of execution against your land will haunt you. even though you say it has been paid it remains on record through land titles or personal property registry for future reference. similar to a criminal record. as far as the writ on personal property that you say you were not aware of that is very unlikely. unless the personal property was not included in the original writ of execution and it was a lien made by cn cp against said property.

[TOM4CWB]

Mistrust needs to be the cornerstone... of any dealing with CNCP. They are economic terrorists.

[AlbertaFarmer5]

I seems to me that a weather pattern lasts just long enough to accept that this is the new reality and adjust accordingly, then it turns 180 degrees, and the old play book needs to be thrown out. I know that everything I learned in 13 and 14 about seeding into mud, was completely irrelevant and harmful this year.

[farmaholic]

I can't imagine how you feel Tom. Like getting kicked where it hurts the most. I have mixed thoughts on the whole thing from the beginning. Living in the shadows has it's benefits.

Didn't your legal counsel forewarn you of the possibilities? Who had your back? If you were the "poster child" of this suit maybe they should have had you firmly tucked under their wing and monitoring and protecting you, your family and property. The irony in this was your steadfast assertion of property rights against the CWB, now a "public corporate bully" is infringing on your property rights.

Please ask yourself, at the end.of the day who had the most to gain from this? American style class action law suits where law firms are foaming at the mouth for one reason only, and I highly doubt its to protect their clients interest!!!!

Sure glad it isn't me, I sincerely offer my empathy, sympathy and condolences.

[LEP]

Tom

If I remember correctly from my banker days there is a big issue for the creditor for not releasing a writ when the judgement has been paid.

However if it has been discharged it will likely stay on the title with a registration and release date.

Much like a paid collection thru a collection agency stays on your credit record.

[TOM4CWB]

Dear Farma etel:

Here is what CNCP sent:

June 30, 2015
Via Ema//: /werc/ia/it($///erc/iant/a\<•'. com
ViaFacsimik; (306)522-3299

[TO:]
Merchant Law Group LLP 2401 Saskatchewan Drive Regina, SK S4P 4H8
Attention: E.F. Anthony Merchant, Q.C.

Dear Sir:
SASKATOON OFFICE
.• 500 - -110 22nd Street East Saskatoon Saskatchewan Canada S7K 5T6 T: 306.9757100 F: 306.975.7145
Doughis C. Hudson, Q.C. Direct Unc: (306)975-7101

Re: Thomas Richard Jackson v. Canadian National Railway and Canadian Pacific Railway
Our File: 041696-0001

Further to your letter of June 17, 2015, enclosed are the details of the removal of the writ.

Sincerely,
MacPherson Leslie & Tyerman LLP
Per:
[Signature]
Douglas C. Hodson, Q.C.
Encl.
2079929v1

We have phoned everywhere... and can't get ahold of anyone at CNCP legal council.

[farmaholic]

Personal assets? Is that like a general security agreement? They can lien on everything you own? Is there a list? If there was where did they get a detailed listing of personal property?

Are you finding it hard to conduct business if you wanted to, or needed to, borrow money or use an operating loan or line of credit secured with property the writ was applied to? How much of a hindrance has it been?

[TOM4CWB]

Farmaholic,

I had not heard of a personal lien that bound all personal assets before.

Land Titles.. vehicles/machinery ... yes... but an overall lien on everything?

Interesting to know this can be done...without the person knowing that has been liened on!

[sumdumguy]

I don't think they can put a lien on personal assets. No one can take your house, a car, articles necessary to make a living, etc. This is very scarey to me. Seems an incredible exercise of power. And you cant deal with them. They talk to no one.

[Crestliner]

Wow Tom you are using Merchant Law Group! Tony Merchant Group scares the hell out of me. I think that they can get you into a lot of trouble. Just my opinion. Doug Hodson is CN's top legal council in Saskatchewan and he is the best and very respected. MLT is the best law firm in Sask. If you have no obligations or issues outstanding to CN or anyone, there should be nothing remaining on any record and it should be clean: I would seek more reputable council to get it cleaned up.

[Crestliner]

McKercher, McDougall Gauly and Miller Thompson are all good law firms in Saskatoon that can match wits with MLT and not break the Bank like they do....but what the hell...CN has lots of money to piss away fighting its "so called customers".

[LEP]

If a judgement is registered against you it takes it place in line as of the date it is registered. So it doesn't have to be registered against an asset to seize sell and realize equity in chattels and other assets. Meaning, if you own land worth 100000 and a mortgage of 25000 the land can be foreclosed on and sold and the proceeds applied to the judgement after the prior charges are paid.

So a creditor can seize any assets owned by the party the judgement is registered against such as vehicles, quads, quad tracks , cash, whatever.

Farmers have certain exemptions available but these days there are usually plenty of excess assets available.

Doug Hodson is definitely a good lawyer. He is out of the Saskatoon office of MLT. My opinion is Tony is dicking you around on this. Get him to send a registered letter to the Saskatoon office if there isn't any response to regular correspondence. Tony isn't exactly respected or loved in the legal community. So they aren't going to go out of their way to help him.