Denis Lowe (1) Peter Allard (r)
When can a lawyer be made liable jointly and severally for costs ordered against his client? What are the professional obligations of a lawyer and his/her responsibility to the integrity of the justice system? Update of “The Other Side of the Kingsland Estates Matter” […]and “The Secretive World of Peter Andrew Allard”.
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BU recently published an update on this matter – see Tales from the Courts – “THE OTHER SIDE OF THE KINGSLAND ESTATES MATTER” and “THE SECRETIVE WORLD OF PETER ANDREW ALLARD” XXVII (Update). Now, Healy J of the Ontario courts has issued another decision – see Healy J’s Deciosn, this time on a costs motion by the “Caribbean defendants”. And quite a decision it is too and it answers a lot of the headline questions.
In essence, Healy J has ordered the costs be paid jointly and severally by Mr Donald Robert Best and his counsel, Mr Paul Slansky. This is a highly unusual step and the ruling of the judge leaves no wriggle room for the Law Society of Upper Canada not to commence disciplinary action against Mr Slansky, as it did against Mr Best/Mrs Knox’s previous counsel, William McKenzie aka “Little Billy Goat”. Our searches show that Mr McKenzie is no longer on the list of members of the Law Society of Upper Canada. Fairness dictates that we also state that McKenzie had passed retirement age, but he had done that before he undertook at Marjorie Knox’s behest his meritless law suit against Barbados. Fairness also dictates that we point out that Slansky has 30 days to appeal the decision.
Barbados’ legal eagles will now be agog to see if, with Knox’s millions in unpaid costs orders, plus interest, the Ontario judgement can be used to ground arguments to make Alair Shepherd liable for Marjorie Knox/Peter Allard’s costs in Barbados. Of course the Barbados Supreme Court ruled over by a man who has done more damage to Barbados than any other person in living memory, has the option of denying privilege on the Knox and Allard solicitor-client files – the same way Ontario did. But will the Supreme Court grow a pair, provide grounds, first, to get rid of Gibson and, second, to deal with the Allard-inspired/financed assault on our sovereignty and abuse of our courts?
But wait a minute! Isn’t Peter Allard represented in Barbados by none other than Barbados Bar Association president Tariq Khan?! We do believe that is indeed the case. Please feel free to step in, Mr Khan, and comment. We are nothing if not equal opportunity here at BU. Given the stakes for Mr Allard, your client, we have to quietly ponder some of the BA’s recent tactics, although, of course, we ascribe these to mere coincidence, but ponderable nonetheless, wouldn’t you agree, Mr President Khan?
We note that former Mr President Abrahams took legal counsel from then (now former) CJ Simons and the then Registrar, but this was of course explicable since the now Senator Abrahams was then slated to become Simmons’ son-in-law, so, impropriety be damned, it was just a family matter – like Kingsland.
Some people thought this Kingsland situation was not a matter of national importance to Barbados. Think again. How can a deliberate attempt to subvert our justice system and our national sovereignty by forum-shopping it to Ontario and Florida not be of national importance? How can an inaccurate and unsupported and adverse blog campaign not be of national importance? How can the financial support of a candidate, now a member of cabinet (namely Denis Lowe, or as he is better known, “Lowe Life”) by Peter Allard for the collateral purpose of espousing Allard’s wishes not be of national interest. Mind you, Lowe Life, once we applied the heat, quickly got shot of Allard – in the same way that he has shed the platform of integrity legislation on which he was elected and the electorate that gave him a prime seat at the pigs’ trough.
The Kingsland situation has shown up far more than anyone ever expected. We have to wonder what other revelations are in store.
Very interesting indeed
I was wondering how this would play out on the Cahill fiasco ???
With all these people owed money for services how would Lex Caribbean and Taylor Wessing view their liability for joint and several costs???? Should a class action suit be launched against crazy lady?????? I would think their PI policy premiums would take a hit???
@Mockingbird, you seem to suggest that Lex Caribbean as attorneys for Cowan/Cahill were a part of and complicit with her ‘fraud’ (presenting Cahill as a validly constituted company when it appears it was not) in your comparison to this quagmire of a case mentioned above.
Why would they be liable for any cost levied on her?
That appears quite a reach based on what is in the public domain.
Surely despite what we all see as malfeasance and corruption and recognize when some legal and other professionals simply see a client like Cowan as a source of high fees and recklessly subvert their careful due diligence one still needs to be practical in comparing case to case!
Is there evidence that the law firm was complicit – as clearly noted by the Judge in this matter above – with the Cowan fraud?
Afterall, lawyers do represent clients who are guilty. Everyday!!!
Agreed
But as I read some of the posted docs I think there’s a case for duplicity and clearly TW was aware of some of the dubious dealings going on
That’s why I think their PI insurance could be an avenue for the consultants to go after
Lex Caribbean may have been less culpable
It’s certainly worth pursuing from my perspective.
Let’s see how this thing plays out next week…
More devastating commentary from the CCJ regarding the sloth in the adjudication of matters before the courts of Barbados.The fact that we now have in excess of 1000 lawyers in Barbados will be no guarantee that justice will be done though the heavens fall.Pity those languishing on remand while the head honcho fire one!
Mr Gollop and Mr Smith would no doubt strongly challenge the CCJ’s conclusion,once again,that to the investor and to the plaintiff,the administration of justice in Barbados,once the paragon of good governance and lofty ideals,needs swift corrective action by the AG the PM and the CJ.
@ The Author of this Blog
Your reasonable comment to Barbados Bar Association president Tariq Khan is quite worthy of note.
It also might have found some “arable land” WERE IT NOT FOR THE FACT THAT in addition to representing Mr. Allard, Barbados Bar Association president Tariq Khan used to work for the same “Skin MY Pooch at the Judge when I please” Alair Shepherd at Inn Chambers.
Dis ting called de Law in Bulbados real PHVCK up doah!!
No wonder Wilfred Abrahams, while President of the Bar Association never did a damn thing to rein in the dirty lawyers, seeing as his daddy-in-law, as then Chief Justice was the dirtiest of them all, he could not lift a finger.
Soòooo, I do believe that present Bar Head Tariq Khan has no such excuse and I know he’s been made personaly aware of the nasty practices cuŕently being perpetrated at the Supreme Court by too many lawyers and the likes of Peter Harris, against the average Bajan and against the very system itself.
Here’s to hoping that in the coming months I sèe some progress which will stop me from exposing some very nasty shit. I believe in giving everyone a chance to do their jobs.
Read with great interest and thanks, BU. I have noted the reference of the case and there is no doubt that it can be applied to several Bajan attorneys. Agree that there is no apparent reason that Lex should pay costs in its action. However, I have to agree that Alair may well fall within the ambit of the Ontario costs decision. I see no viable grounds for appeal in the decision….it is clear and concise.
The main thrust of the decision, however, is lawyers delaying the course of a litigation meritlessly. In Barbados, however, it is usually the judges that delay the course of a litigation. So judges can hardly order costs against lawyers for what is the fault of the judges themselves. It is national disgrace that the idiot we have as chief justice has abundantly demonstrated that he has no ability (or will) whatever to reverse. He is far more interested in cocktail parties, travelling so his ego can be stroked and re-stroked and abusing his power by illegally disbarring counsel at the behest and on the orders of Chairman Khan and the BA – and getting sued into the bargain.
David. I have had the chance to raise the question of the charging order and indeed, as BU reported, appeals are exhausted.
@Piece. Tariq Khan did indeed work out of Inn Chambers. However, I do not believe that Inn Chambers is a traditional law firm with partners etc., but rather it is a firm where attorneys work autonomously on their respective cases. Therefore Khan could not be said to have worked for Alair. In the same way, costs awarded against Alair would not, I believe, be chargeable to Inn Chambers. A successful claimant would likely have to go after Alair’s plantation or any corporate interests he might have in a company that owns said plantation. BUT, your point is relevant and well-made and I suspect that your suspicions are correct.
@Sargeant
Send us a signal please!
No wondeer that prick Alair Shepherd is so arrogant, the first thing the whole of those low life bacteria in Barbados want is a plantation, they want to be just like massa, David Simmins, Bruce Bailey Noel Lynch, etc, etc, they are allowed to pretend they are massa in Barbados and no one cuts them off at the knees.
Something has to be done about those lawyers who should not be lawyers and recently I’ve been hearing about certain judges, a lot of people know who they are, who are champing at the bit to take bribes and screw up some poor plaintiff’s case, I can’t even articulate how repulsive that sounds and anytime I have personal knowledge that any judge in Barbados takes a bribe to destroy some vulnerable person’s life, I will shout their names from the rooftops.
It has reached critical mass, the corruption in the supreme court and I do believe that any and all methods should be used to remove dirty lawyers and judges to hell with the law, it’ their uncaring attitude and total, disdain and contempt for the law that have these lawyers so corrupt, personally, I believe they should get the comeuppance that is meted out to them in the north america, Jamaica, Trinidad, etc. I think it was in Ghana recently 7 judges were suspended for taking bribes, these people are not invincible and should not be treated as they are, the same goes for dirty lawyers.
Ernest Jackman, another ordinary thief, pretending to be massa, a plantation owner, still stealing from his clients to try to maintain a plantation and pay off money he has already stolen from other clients, don’t any of these crooks have an original idesa in ther heads, must they copy everything from their former masters and practice it on their own people…….despicable copycats.
@ Well Well & Consequences,
I thought Jackman’s father owned the plantation.
HANTS….exactly where did Jackman’s father get the money from to buy a plantation, as it goes, apparently Jackman’s name is also on the deed seeing as he has to use the plantation as collateral to pay the clients he stole from, but, he first has to do some renovations to the plantation to make it saleable enough for refinancing. That is what happens when you are a wannabe
I have no sympathy for or qualms about exposing these parasites, they believe themselves to be invincible because of the fraternity factor. Lately, even some of the attorneys, one or two from other islands believe they have a right to also victimize bajans as they have seen the bajan lawyers do for so many years, these should have their asses tossed out of Barbados, just like the doctors from other islands who are brought into the island by insurance companies to ruin the lives of the citizens.
One attorne from Jamaica is about to have his ass handed to him because he underestimated a female tiger shark witjh sharpened New York teeth, this is one that I cannot wait to expose, they have and are taking advantage of situations where bajans have for years been unable tofight back, but not anymore. This one believes he cannot be touched, that is how bad the situation has become on the island.