Not many people have had the “fortunate” opportunity to get sued by a company that they had no contractual relationship with, were never served and then had a default judgment ruled against them which caused numerous bank accounts to be garnisheed 7 years ago which are still garnished to this day. This became the catalyst to 5 more law suits that were filed because of a malicious situation created by a vindictive plaintiff.
I would not wish this on my worst enemy but this is exactly what happened to me and is still ongoing. This is not the ideal way to learn about the wrongs of our legal system that no longer works for the average person as stated by our own Chief Justice. This also taught me about our banking system and the role that the government should be playing but they totally abuse this duty. Seeing I lost everything I ever owned because of this, I have had hours upon hours and years upon years to delve into and research the flagrant abuse of power by those who control our legal system, our banking system and our government who are without doubt all in collusion with each other.
In Canada we have a 2 tier legal system one for the rich and powerful and one for everybody else. The one for the masses is sole destroying, time wasting, confusing, biased, unfair and far too expensive, hence the dramatic increase in Self Represented Litigants (SRLs) we see filling our courts today at all levels. This legal system will never change unless the government gets involved in changing this excuse of a system by firstly making sure that SRLs do not have to face the abuse of lawyers and judges alike and then fix everything else that is so wrong. I have learnt over the past 7 years that the government has no intention of making much needed change because in some nefarious way it suits them not to.
The above case forced me into a banking problem which gave me the opportunity to see the very worst of our banking system as well. The CBC discovered that banks are using unethical sales practices to sell products that customers do not want or need. Even though thousands of customers and employees have come forward agreeing that this is happening, the banks and the government vehemently disagree. Would you expect anything different seeing they are in collusion with each other? The banks don’t give a damn about their customers, they are just a means to a greedy end while making absurd profits at the expense of their customers. The banks will put up one roadblock after another in order to avoid responding to customer’s complaints and problems, hoping that they might die first before they have to deal with the problem.
You need to wonder who controls who, does the government control the banks or do the banks control the government? It does not take much research to see and understand that it is the banks that control the government. One does not need to look much further then what is currently going on with our Finance Minister, Justin Trudeau’s friends and the many other politicians regarding the offshore banking scandals. One just has to look at how the chair of The House of Commons Finance Committee, who is known to defend the privileged, handled the KPMG – Isle of Man off shore banking affair by doing absolutely nothing, as opposed to their US counterparts who put executives of KPMG in jail and fines were levied to the tune of a half a billion dollars for doing the exact same thing in the US. Why did Canada do nothing? Who were they trying to protect and cover up for?
This is the same House of Commons Finance Committee that is currently looking into the CBC’s report on the unethical sales practises of Canadian banks which will once again probably achieve absolutely nothing other than show that the government is going through the motions. We are already starting to hear reports like, “So far, there has been no evidence of systemic misconduct at the major banks” – 22/8/17. The Finance Minister is resisting making key changes, claiming that the, “bank watchdog agencies are fine as is.” No, Mr. Finance Minister, they are not close to being “fine as is.” Again we just have to look at the news media everyday to see what this same Finance Minister, has done, is doing and will continue to do unless a completely independent bank watchdog is put in place to stop the banks and the government’s shenanigans. (Nov 23, 2017 – Morneau sides with shareholders, not Canadian Workers in Sears closing).
“Effective regulation is required to ensure that banks do not abuse the interests of their customers in the pursuit of profit. Unfortunately, those mandated with protecting the Canadian public have repeatedly failed to do so. Consumer protection in Canada suffers egregious problems that can and must be fixed. When it comes to regulatory power, Canada is a lightweight and processes for dispute resolution are fundamentally flawed.” Canadian Association for Retired Persons (CARP)
This behaviour of the banks, the legal system and the government do not seem to concern most citizens as
long as it does not affect them directly. This is because they only get to see part of the big picture on rare occasions. Things are very different when you get exposed to all of this at one time because you get a front row seat in seeing the corruption that exists and how the general public suffers while senior executives and the “higher ups” get away with “murder.” Listen to what Elizabeth Warren, a US Senator, had to say when she hit the nail on the head when speaking about the wrongs of the US legal and banking systems. Unfortunately this is exactly how it is in Canada as well, if not worse. Listen to her speech here.
The problems with our banking system
Corporate America places their personal agenda for greed ahead of its customers, all the while presenting a public façade of social, community responsibility and awareness, while the customer is greeted by silence, avoidance, indifference if not open hostility!
Banking and dishonesty go hand in hand. Banking culture is likely to fuel bad traits such as greed and dishonesty. Accusations that the world of banking is corrupt are common, but now scientists have actually proven that banking breeds dishonesty. Read Here: is cheating a part of banking culture
Shame on you, TD Bank, for your shallowness, your insensitivity, your hypocrisy and most substantially, your greed!
As Ed Clark past President and CEO of TD Bank said after he retired, “if you start a business model that says, my clients aren’t my clients, they are really counter-parties that I can make money off of….you shouldn’t be surprised if you end up with a culture that is a greed culture that really doesn’t do the right thing all the time…” To listen to this conversation click here.
The solution is relatively simple if those in power really wanted to look after the people first before looking after themselves. It is basic human decency to NOT be abused by persons who are in positions of trust or authority. A proper complaints process has to be set up and be administered by a completely independent group of people without ties to the government or the banks. Their findings must be enforceable and they must have the power to fine the banks for improper and unjust enrichment, as they have in England through The Financial Conduct Authority (FCA).
The problems with our legal system
After attending the (SRL) Awareness Day at Osgoode Hall Law School within the past month, I was shocked to see what damage our very broken legal system has done to regular people and what it has cost all of them in time, money, quality of life, health issues and much more. Something has to be done about this NOW, not when some politician decides that maybe they should start looking at the issue more seriously.
“Justice degrades with delay. The parties’ position of personal safety may be compromised and the damage may be irreparable. People whose legal issues are not resolved face ongoing difficulties. Problems spread to other areas of their lives, at significant individual and social cost.” – Canadian Bar Assoc. “Justice delayed is justice denied.”
When this is understood by all of those who govern, we will finally be making progress in some way to getting Access To Justice (A2J) for the masses because the above quote is exactly what happened to all of those I have met and spoken to including myself.
Once a litigant finally gets to court, they have to hope that they will have a competent judge who shows no bias, shows some courtesy and respect to those they judge and will make as few mistakes as possible. Unfortunately I have seen way too many judges who are incompetent and make far too many mistakes while being downright rude. Seeing judges come with outrageous privileges, they are almost immune from all forms of action. “Judges have judicial immunity and bear no liability for their judicial errors”- Lawyer Alan Shanoff. One just has to look at how many judges have ever been fired, they are conspicuous by their absence.
At the same time the governing bodies like the Law Society of Upper Canada (LSUC) who are supposed to protect
the public from overzealous, unethical, money driven lawyers who are often, “Juggling many cases, doing little work on each while churning the file for billable hours can be a best practice for generating revenue for a law firm.” – Canadian Justice Review Board (CJRB). The LSUC must protect the public as per their mandate instead of protecting the lawyers as I have now witnessed twice in my own cases. If you complain about a lawyer, it can take 11 months plus to get an assessment hearing and over a year to get a response from the LSUC. What is worse, is that the LSUC is immune from lawsuits by virtue of s.9 of the Law Society Act?
The same applies when it comes to protecting the public from unscrupulous judges by the Canadian
Judicial Council (CJC) and the Ontario Judicial Council (OJC).They have to stop showing bias in favour of their own instead of making the public their scapegoats, as I have witnessed as well.
It is of no use to the public to hear from the most senior politicians, minister and others as I have: “thank you for writing and I am sorry to hear this” or “it is not uncommon to hear this” or “I apologize for this happening to you” or “I appreciate you taking the time to share your experiences with the justice system” or “my ministry always welcomes input from the public regarding ways to improve our justice system” or “I sympathize with the situation you describe and realize that this has been distressing for you.” Well, if these people are so apologetic, why the hell are they not doing something about it?
This is just pure BS and lip service, admitting that there is a problem but doing nothing to solve it. There is absolutely no reason if there is the will and desire to make change that it cannot be done. This might involve stepping over those who resist change and who might become collateral damage in the process but that is just too bad. If we can put man on the moon, we surely can make the lives of Canadian citizens a lot better, should they land up with a legal problem in this litigious society. “Canadians face 35 million legal problems in any 3 year period” – Action Committee Can. So as you can see, this is a major problem, we need to see real and serious action by those in charge to make these horrendous problems and issues go away now and not in years to come.
When judges, lawyers and their relative associations become accountable to the public and are regulated by a completely competent, independent body that can enforce the rules and penalize those who are guilty, only then will we see real change and A2J. Because at this time, “Who pays when judges screw up?”
Below are 43 of the 72 people I have written to, some more than once, about the above matters. Not one of them has had the common decency or the courtesy to respond. Silence is the norm because those who have something to say about these matters will stay silent for fear of reprisal by their peers. They all know that all of the above is badly broken but they also know that there is no benefit, financially or otherwise for them to make these changes. They all seem to be one big happy family. Those left off the list did respond, such as Jody-Wilson-Raybould – Justice Minister and Attorney General of Canada, Thomas Cromwell Retired Supreme Court Justice and a very few others.
From the Federal Government
Justin Trudeau – Prime Minister
Beverley McLachlin – Chief Justice
Bill Morneau – Minister of Finance
Jessica Prince – Senior Policy Advisor for Justice Canada.
From the Ontario Government
Yasir Naqvi – Attorney General of Ontario
Charles Sousa – Minister of Finance Ontario
From the Legal World
The Law Society of Upper Canada (LSUC) – various people
Canadian Judicial Council (CJC) Ottawa
Ontario Judicial Council (OJC)
From Banking Associations and Watchdogs
Terry Campbell – President Canadian Bankers Association
Darren Hannah, Vice-President, Canadian Banking Association
Jeremy Rudin – Superintendent of Banking
Lucie Tedesco – Commissioner Financial Consumer Agency of Canada (FCAC)
Brigitte Goulard – Deputy Commissioner FCAC
Wayne Easter – Chairman of the House of Commons Finance Committee
Pierre-Luc Dusseault, NDP MP initially proposed hearings into the practices of Canada’s big banks
Dan Albas – Conservative MP part of bank hearing
The Banking Ombudsman – ADRBO
From TD Bank
Edmund Clark – Past President and CEO TD Bank
Bharat Masrani – CEO TD Bank
Daria Hill – Media Relations, Corporate & Public Affairs TD Bank
Brian Levitt – Chairman of the board TD Bank
Norie Campbell – currently Group Head and Chief General Counsel, TD Bank Group
Colleen Johnston – Group Head Marketing and Corporate & Public Affairs TD Bank Group, retiring 2018
Melissa Tzimas – Manager Customer Experience TD Bank
Tim Hockley – Group Head Canadian Banking TD Bank (now TD Ameritrade)
Ellen Patterson – currently Executive Vice President and General Counsel, TD Bank Group
Michael Rhodes – Executive Vice President, TD Bank Group and Head of Consumer Banking, TD Bank US,
Leo Salom – currently Executive Vice President, Wealth Management, TD Bank Group
Alison Ford – Media Relations, Corporate & Public Affairs,
Mohammed Nakhooda – Media Relations, TD Bank Group
Gillian Manning – Head of Investor Relations
Riaz Ahmed – Group Head and Chief Financial Officer, TD Bank Group
Greg Braca – currently President and CEO, TD Bank, America’s Most Convenient Bank,
Mark Chauvin – Group Head and Chief Risk Officer
Ajai Bambawale – will become Group Head and Chief Risk Officer, TD Bank Group, February 1, 2018
Teri Currie – Group Head, Canadian Personal Banking, TD Bank Group
Bob Dorrance – Group Head, Wholesale Banking, TD Bank Group, CEO & President, TD Securities
Paul Douglas – Currently Executive Vice President, Canadian Business Banking,
Frank McKenna – Deputy Chair, TD Bank Group
Legal Department – TD Bank, TD Ombudsman’s Office
Some examples of recent abuse by TD Bank
October 10, 2017, Bal Brach, CBC News reported more cover ups and refusal by TD to do the right thing.
“TD Bank customer frustrated with fraud investigation leaving him owing thousands”
“Three TD Canada Trust bank customers who claim they were the victims of fraudulent credit card and debit card transactions are accusing the bank of denying their claims without a thorough investigation”
“TD Canada Trust offered Mr. X a “one-time goodwill” gesture in the form of $2,569.68 but Mr. X declined, arguing that more than $5,000 went missing from his account. (CBC News)”
“The bank refused an interview with CBC News, but in a statement said “TD’s fraud investigations team thoroughly reviews all reported customer fraud claims in a fair, equitable and transparent manner.”- Who do they think they are kidding? “They did the minimum criteria that they had to prove to not pay me the claim and then just walked away” Mr. X said. “I think it’s a little insulting to get that offer, to be honest.”
A second case reported on the same day states, “When CBC News inquired about this case, the customer was contacted by the bank within days and was told she would not be responsible for the charges if she agreed to a settlement which included not discussing her case publicly” – why?
TD did the same to me twice. I have never yet to this day got a response from TD as to why they made me the 2 insulting offers which in effect was really a bribe. This seems to be standard procedure for TD. What is TD scared off by going public? Is it their reputation or are they more concerned about making less profit?
After living through this nightmare with the banks and the problems caused, the following animated video depicts
EXACTLY how our banking system works which is condoned by the legal system and government Watch here.
Thanks for reading,