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Summary of what worked and what didnt in 2015

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    #16
    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.

    Comment


      #17
      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.

      Comment


        #18
        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.

        Comment


          #19
          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?
          Last edited by farmaholic; Dec 10, 2015, 17:19.

          Comment


            #20
            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!

            Comment


              #21
              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.

              Comment


                #22
                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.

                Comment


                  #23
                  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".

                  Comment


                    #24
                    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.

                    Comment


                      #25
                      You guys seem to have missed:

                      MacPherson Leslie & Tyerman LLP
                      Douglas C. Hodson, Q.C. :
                      Are the CNCP Lawyers... who said the Writ was taken off my farm.

                      Don't understand why you are blaming Merchant Law... they cleared/ finished the funding and sent Doug Hodson the required funding... to have the CNCP Writ released from my farm June 17 2015.

                      Comment


                        #26
                        Toms legal matter should be its own thread entirely. What worked this year was running a tight ship. Conservative fertilizer numbers, conservative seeding rates, paired row openers set a little deeper, light on the fungicides, pulses, cheap land rents oh ya and did I mention pulses.

                        Comment


                          #27
                          Mlt seems to enjoy representing shady outfits against the smaller guy. Tom you are right mlt knows the law and knows that should have been removed but today's laws are all in favor of the large corporate vs the individual. If you had a claim against them and it wasn't removed after paid you d likely be sued further. I d use them for damage to your credibility.

                          Many of those larger firms have become a boys club where they keep
                          Playing around soaking you for more money to do things they should have done a long time ago. Our justice system is broken. You look at judges where do they come from? They come from these large firms are buds and pals and then you go get a small town lawyer against mlt or any of those and then end up with a judge that worked for that firm hahah yep you ll get a fair shake.

                          Mlt seems to be very good at being slime within the rules if law. They've become so big that the system is afraid of them because money buys you the law in canada. The crooks and slime balls know this and firms like this for greed and thinking they are better than you tom soak the system while being low lifers rhat think they are better.

                          It's not right this is happenning to you tom. But imagine if you were someone that had less money than you do tom and could t afford the merchants or any of those big firms you wouldn't stand a chance.

                          You probably have stumbled on to as big or bigger cause than your original intention. Hope it works out Tom seriously because I've seen some neighbors go against the system and the mlt slime and the only thing determining justice was who had the most money.

                          Comment


                            #28
                            Sorry Tom but I am not following what you are saying.

                            You said the that the writ was removed from your personal assets not your land as was supposed to be the case.

                            You also posted a letter from CNCP counsel and said you can't get ahold of anybody from the team.

                            Sounded like there was still an outstanding issue to deal with.

                            What am I missing?

                            Comment


                              #29
                              LEP,

                              MacPherson Leslie & Tyerman LLP
                              Douglas C. Hodson, Q.C. :
                              Are the CNCP Lawyers... who said they removed the Writ and this Writ was taken off my farm.

                              Merchant Law was the lawyer who filed the class action... causing the $400,000 problem.
                              QC Doug was suposedly confirming that CNCP had removed the Writ... since only Douglas C. Hodson, Q.C. could remove the Writ... because Doug put it on in the first place... was paid out... and promised to remove the Writ.

                              Comment

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