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The Other Side Of The Kingsland Estate Court Matter Part VII

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Submitted by BWWR

I see that Kingsland Estates Limited is much in the news again with our friends at Barbados Free Press and Quel Truth. Important and more relevant news like that you have been publishing appears to be in short supply for them, so they harp back to ancient history. A lot of unsupported, tired, old accusations and an action in Canada of no merit and which seeks to undermine Barbados and its people and bring them into international disrepute.

However, neither QT not BFP offers any update on what is going on RIGHT NOW with the Canadian action. Let me assist. The headline is:

CANADIAN ACTION MAY BE DISMISSED

BACKGROUND

When last we heard, 58 of the 67 defendants in the Canadian action had filed a motion objecting to Canada as venue and the Ontario courts as having the competence and jurisdiction to try the Canadian action. I will call this the “Jurisdictional Motion”. Several affidavits had been filed by certain of the defendants. This, therefore, meant that the Plaintiff, Nelson Barbados Group Limited (“Nelson”) had the right to cross-examine the defendants who swore affidavits (called “affiants”) on those affidavits. The Ontario Civil Procedure Rules dictate that if any of the affiants lives outside Ontario, they are to be cross-examined at their home base (in this case, Barbados) unless there are special reasons (like threats to anyone safety) why these cross-examinations should be ordered in Ontario. As there were no such threats, these had to be manufactured and fished for. So Nelson secured the services of Stuart “Fishy” Heaslet, to try to entrap Peter Simmons into making threats during surreptitiously recorded telephone conversations originated by the Fish from Peter Allard’s Vancouver apartment to Peter Simmons. Transcripts of these Fish/Simmons recordings have been published by BU.

Based on Fish/Simmons recorded conversations and certain unidentified and unidentifiable “blog” threats carried almost exclusively in Quel Truth and Barbados Free Press, Nelson filed a motion in Ontario (the “Security Motion”) that its counsel, Bill “Little Billy Goat” McKenzie (the “Goat”) and its principal affiant, the self-styled “Professor” John Knox, the son of Madge Knox, one of the defendants in the action (Madge is represented by Alair Shepherd, but any correspondence on her behalf is written by the Goat) felt that Barbados was not a safe place for cross-examinations to take place. The Goat was apparently even afraid of Toronto and wanted all examinations to take place at the Holiday Inn in Barrie, Ontario. Close to the goat pen – and also to try to get the attention of the Canadian press.

Shaughnessy J. of the Ontario courts ruled against Nelson on the Security Motion on 8 February 2008 with costs to the defendants in that Motion. BU published the Reasons of Shaughnessy J.

The Goat and Nelson asked Shaughnessy J. for leave to appeal his decision. They were refused. So, the Goat appealed for leave to appeal to a higher Ontario court. And, do you know what happened? On 17 June 2008, Howden J. dismissed the application of the Goat/Nelson and upheld the decision of Justice Shaughnessy. WITH COSTS!! BU posted the Howden judgment.

Onwards!

LATEST NEWS

And you have to ask yourself why you are reading this on BU and not on Quel Truth and its subsidiary BFP.

The issue is COSTS. Shaughnessy J. ordered Nelson/LBG to pay costs to the defendants in the Security Motion before the case could proceed any further. Naturally, Nelson/LBG, taking a leaf from the Madge Knox authored and endorsed Rules of Civil Procedure, has not done this. Like Madge, not one red cent in costs have the Goat and Nelson paid.

So, tomorrow, 8 August, Shaughnessy J. will hear a Motion from some of the Defendants to strike out the entire claim against them for non-payment of their court-ordered costs by the Goat/Nelson. This is why the flurry of activity on the Kingsland issue from Quel Truth and its subsidiary, BFP.

As soon as I find what happens with the motion, I will happily report it here on Barbados Underground, along, if obtainable, with the reasons of the learned judge.

I am not a betting person, but if anyone wants a flutter or to “make book”, they have to decide if (a) the case will be dismissed against the defendants bringing the motion, or not; or (b) if Nelson is going to put its money where its mouth is and pay the costs ordered by the Ontario courts.

In the meantime, as promised, I attach the affidavit of the “Professor” sworn 12 November 2007. ALL 43 PAGES OF IT. But, you will be relieved to hear, not the exhibits, which comprise in the main print-outs from Quel Truth and BFP and which run about 200 pages. If Quel Truth and BFP wish to object to this omission, let them post the exhibits themselves.

ONE QUESTION FOR QUEL TRUTH

In paragraph 2, the “Prof” mentions his employment at UWI Cave Hill and that it has not been renewed for the 2007-2008 year. Enlighten us, therefore, as to how many years the “Prof” taught at Cave Hill? Some of us will find the answer relevant.

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22 responses to “The Other Side Of The Kingsland Estate Court Matter Part VII”

  1. Adrian Hinds Avatar
    Adrian Hinds

    I tried and fail to understand the Kingsland issue as reported by these two blogs.

  2. David Avatar
    David

    @Adrian H

    Please feel free to pose questions. We are sure members of the BU family would be only too willing to clarify for you.

  3. Adrian Hinds Avatar
    Adrian Hinds

    Honestly David, I really don’t think i wanted to know much about the affair. My interest in it only peaked as a result of the “exotic” titles BFP used. That interest died when i concluded much as BWWR has, when the number and scope of defendants seem to have been an attempt to indict BARBADOS.

  4. Amused Avatar
    Amused

    Well then Mr Hinds, contrary to your comment, then you DO indeed understand the affair (well the canadian action anyway).

  5. UWITRUTH Avatar
    UWITRUTH

    You keep repeating ad nauseum that Mr Peter Simmons had John Knox fired from his UWI Cave Hill job because of his involvement as a witness in the Kingsland case. This is an abomination and there are some of us on the hill who know the facts, have studied the Canadian court documents and are outraged by your continuing campaign of nasty lies.

    You are at it again today and to set the record straight, I submit the following:

    1. Knox, who you always describe as “professor”, was at the very bottom of the academic totem pole, not the top, a temporary lecturer, far removed from professor. What does it say about his character that he never corrected you?
    And what does it say about you? Are you just ignorant or wicked or both?

    2. Whereas professors have tenure and I know none who has ever been terminated, Knox had no tenure and was terminated with cause.

    3. Knox was dismissed after complaints by students and faculty that he was less than
    competent. Significantly, he never invoked the long-established grievance procedure utilized by any staffer who feels wronged.

    4. It is a monstrous lie to say that an extraneous person, Mr. Simmons, influenced the firing of Knox. The decision was made by a university committee comprising only UWI persons. Again I ask:Why hasn’t Knox himself put you right?

    5. You should also check with Knox the precise date on which he appeared before the committee and was notified of his termination. Both were in April, 2007, that is, four months before the Heaslet/ Simmons conversation on August 10.

    6. Which reputable employer like UWI would give an employee 20 days notice of termination? That puts your monumental lie in true perspective.

    7. Knox blamed another defendant in the Kingsland case, a senior faculty member and Nobel Laureate, for complicity in his termination. Isn’t blaming both gentlemen a deliberate attempt to divert public attention from the true reason for his termination?

    8. The statement by a woman on Keltruth who says she is Knox’s sister that he is still owed money by UWI does not accord with the facts. And surely she knows he is a mock professor? Why rather than correct a lie, she adds another one?

    BFP and Keltruth ( is it true you are both funded by the same Canadian source?), you will not be treated seriously unless you pay greater attention to the truth and factual reporting and not embellish your stories with easily discernible inaccuracies and silly, self-serving lies.

    UWITRUTH

  6. Georgie Porgie Avatar
    Georgie Porgie

    Is not John Knox a Barbados Scholar or at least an Exhibition winner?

  7. Pat Avatar
    Pat

    So Barbados with 300,000 people has one court house. Ottawa with 1,000,000 has the same one court house. If the court rooms in Barbados are not large enough to suit Professor Knox, no problem, hold court in a lecture hall at UWI, or Frank Collymore Hall, etc. Does the man think that is an excuse to hold the case in Canada? In a small town at that with a court house more than likely smaller that Bim’s? Or does he think the actual building has to say Law Courts on the outside? hahaha. We hold our traffic court in a room in an office building and the family court used to be at a community centre before the new court house was built. Our Small Claims Court was in yet another office tower. cheupse

  8. Barbados » Barbados beaches

    […] The Other Side Of The Kingsland Estate Court Matter Part VIISubmitted by BWWR I see that Kingsland Estates Limited is much in the news again with our friends at Barbados Free Press and Quel Truth. Important and more relevant news like that you have been publishing appears to be in short supply … […]

  9. BWWR Avatar
    BWWR

    UWITRUTH – thank you! Old age common sense told me it would be something like that that happened with the self-styled “Professor” John Knox.

    PAT…you once said that I was good at analysis. Chile, let me tell you that I defer to your abilities there. You actually get things out of these documents that I miss…but of course you my brain is older than yours. You ought to have been a lawyer. If you grew up in the Barbados of today, you would have been – the Barbados that we have tried to create for our children and grandchildren and which, while it has its faults, gives far greater opportunity to the young than in our day. The Barbados that a certain fake and incompetent “professor”, his mother, his sisters, a Fish, a Goat and an Allard are trying to tear down.

    Let us respond to them with silence and non-cooperation, but NEVER with threats or violence.

  10. David Avatar
    David

    @BWWR

    On a side note do you have a sense of how the Barbados parties, especially the legal fraternity feels about this matter? Are they taking it in stride or are they upset?

  11. Pat Avatar
    Pat

    @BWWR

    You flatter me! But thanks any way. Please go over to BFP. I am waiting for Keltruth to answer some questions I posed re their comment to UWITRUTH.

  12. BWWR Avatar
    BWWR

    David,

    The matter is moving through the Canadian courts far faster than anyone would have thought possible and far quicker than the Goat and the Knox family and Allard (and Alair) would have wished.

    In that it is clear from the judgments that the judges have the full measure of the case and its merits, I think all parties must be content. The source of unhappiness would be that the case is brought in the first place without any standing by the plaintiff.

    The legal fraternity in Barbados is standing there with its collective mouth open in disbelief as it observes the WORST case of abuse of legal process anyone has ever seen in any country that takes its legal system from that of the United Kingdom – as we in Barbados do. The reaction these days is laughter and ridicule, but that is only provoked because no one can believe it.

    I have seen letters from the Goat that bear all the hallmarks of a not-too-bright first year law student and pleadings that even a first year law student would be ashamed of. This causes amusement, not only in the Barbados legal fraternity, but in the international legal fraternity, including Canada. However, that this man is practicing law in Canada has caused Canadian lawyers acute embarassment and there are some who are just waiting for it to be over so that they can move to have him disbarred. Indeed, I believe that there is a general view that the Goat has crossed the line and that costs may begin to be awarded against him personally and his firm. I have seen one letter at least where this has been threatened.

    Today, with the benefit of the input of UWITRUTH, I have to say that I now understand the comments alleged to have been made by Clyde Turney as reported on Keltruth that John Knox had committed perjury. In my view, John Knox has committed perjury and if he had committed it in Barbados, one likes to think he would be arrested, charged and jailed. He cerainly would be if Clyde was opposing counsel, so better not try it here. The fact that he travelled to Miami to “create review and swear” his affidavit has to be viewed as a precaution against charges of perjury. We have a system of commissioning affidavits for foreign courts in Barbados, but yet John Knox has either travelled overseas to perjure himself or has done so before an official of the Canadian High Commission in Barbados who is under diplomatic immunity at an official property of the Canadian High Commission that has to be viewed as taking place, not in Barbados, but in Canada.

    The international legal fraternity could truthfully be set to be “fit to be tied”.

    The rebuttal evidence posted by UWITRUTH is not, so far as I know, before the Canadian courts and, as this case is unlikely to survive the jurisdicitional challenge, always provided it survives today’s hearing in the first place, that rebuttal evidence is unlikely to ever come before the Canadian court. If it did, then there is every chance that Mr. Knox would be arrested, charged and jailed. So maybe Canada is not as safe a haven as Mr. Knox thinks.

    Generally, I think everyone is fatigued and fed up with the old Bajan divorcee and her not-t00-bright offspring and Mr Allard, the Fish and the Goat trying to harm our country and people.

  13. BWWR Avatar
    BWWR

    Thanks Pat,

    I have no read BFP for some time and, before that, only irregularly. I will look, but I don’t really like sites that post provably defamatory and unsupportable comments and twist and sensationalize facts, simply to boost readership. In my view, these are as bad as those like the Nation, Advocate and VOB who just ignore issues completely. However, I will add to their finances by reading them this time.

  14. BWWR Avatar
    BWWR

    Pat, chile, I just went on BFP and posted a comment saying, in effect, not to hold your breath waiting for an answer and expressing interest as to whether my comment would be moderated or not….and it WAS moderated. Interesting. Or as BFP and, strangely, Keltruth, says: Hmmmmmmmmmmmmm

  15. BWWR Avatar
    BWWR

    I had to revisit BFP just a moment ago because something there bothered me. You know when you think a body said something that is real stupid and you say, “NAWWWWW. I didn’t hear it right?” Well, I DID read it right.

    Keltruth said, in answer to UWITRUTH’s statement that John Knox was not a professor:

    “….let me remind you that I use the word professor in the American sense rather than the English.”

    Well, Keltruth, let ME remind YOU that UWI is a Barbados and West Indies university situated in Barbados in the West Indies, NOT in the USA or Canada and that MR. John Knox was working in BARBADOS. Therefore, it is BARBADOS terminology that applies, NOT USA.

    However, that is a distinction that is clearly lost on someone who thinks that the Ontario Superior Court of Justice is Barbados’ final court of appeal and that Barbados is a vassal state of Canada, so who should Barbados’ university not be subservient to the USA?

    Let me tell you that the distinction may be lost on you, but not on anyone else – and your attitude has been noted by us all.

  16. Amused Avatar
    Amused

    This is all BFP can rant repeatedly now ;

    “But the tape of Peter Simmons threatening John Knox’s job for being a witness says it all.”

    However if you read the transcript no such threat exists

    More precisely the Canadian court also agrees no such threat exists. (on the tape or otherwise)

    Postings by BWWR and UWITRUTH have BFP in a state. It tells you a lot about who ‘they’ are. They just rant “spin” to anyone posting the truth.

    Why am I posting here? why this post would never see the light on BFP and BWWR and UWITRUTH are no doubt similarly banned. Says it all really about BFP.

    Soon BFP will just be their posts and the multiple names they use to post comments to themselves.

    Thank you David for running an impartial blog.

  17. David Avatar
    David

    @Amused and BWWR

    We all have our preferences. Some commenters prefer to comment of BFP, we all have the right to do it. Let us not harp on the negatives, BFP and the other blogs in the Bajan Blogosphere have helped to transformed how information is disseminated in Barbados.

    Let us go forward!

  18. Pat Avatar
    Pat

    @BWWR and Amused

    I am still waiting for Keltruth to answer the questions I raised re their comment to UWITRUTH, on BFP. I am, however, not holding my breath.

    I would like them to respond to the insult that anonymous posters are out to defame someone, etc., without suffering consequences. I asked whether the folks at BFP are hiding behind anonymity to do just that. No response as of now. Not even from BFP themselves. hmmmmmm.

  19. BWWR Avatar
    BWWR

    David,

    While I appreciate and commend your stance – and it is one that as a responsible blogger you are correct to take – I find it interesting that those who are known to take opposing views to BFP are always “moderated” never to see the light of day.

    I am very happy to send you the 200 odd pages of “exhibits” from the last John Knox affidavit I sent you. However, I hope you will take my word that Exhibit “A” consists of 27 pages of blog from BFP and Exhibit “I” contains 25 pages of blog from BFP. In other words, it is clear to me that by “moderating” comments adverse to its position out of its articles, BFP is seeking to control (and controlling) its blogs so as to render them sympathetic when exhibited to further affidavits by John Knox.

    My feeling is that BFP is Canadian supported and its true function is to exact revenge on Barbados and Bajans for having told Peter Allard in no uncertain terms that our country and institutions are not up for grabs by him.

    I agree that the blogs have wrought great changes. However, there is a need for policing, particularly if BFP’s claim that it has not passed 3.5 million readers is accurate.

    Thank God for BU

  20. Anonymous Avatar
    Anonymous

    Pat, BWWR, UWITRUTH and Anon 2,

    How the case? How the “Professor”?

    When you “ladies” returning from your trip to “Fantasy Island” to “Reality”?

  21. BWWR Avatar
    BWWR

    Anonymous, poor you. Where you see a comment here from Anon 2? I am not on Fantasy Island, although when he was young and alive, I would have been very happy to entertain Mr. Montalban. I going to hear some nice live classical music, eat nuff fresh corn on the cob and go to nuff theatre – and practice my schoolgirl French pon the natives. Then, there is the maple syrop….lovely. You have a nice day, okay?

  22. Pat Avatar
    Pat

    BWWR

    Wait, you gine be in Quebec? lol

    ENJOY!!

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