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Verified Ontario Lawyers Email Database from Lso.ca

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"J. A. Machray, Winnipeg, Dead," St. Catharines Standard. October 5, 1933. Page 1 & 17. ---- Former Chairman of Board, Bursar of University of Manitoba ---- PASSES AWAY IN PENITENTIARY ---- Serving Seven-Year Sentence for Theft University Funds ---- (Canadian Press.) WINNIPEG, Oct. 5. - John A. Machray, former chairman of the board and bursar of the University of Manitoba, died today at Stoney Mountain Penitentiary, where he was serving a seven-year sentence for theft of university funds.

John A. Machray was the main figure in one of Canada's most notorious financial scandals. It left in its wake disillusionment in educational and religious circles and a trail of shattered investments,

The rapid succession of startling events following sinister rumors late In August, 1932, which led to his imprisonment less than a month later, staggered members of the community where he was a leading citizen, known as a successful lawyer, shrewd Investment banker. philanthropist, prominent educationalist and devout church worker.

It was the esteem and confidence in which he was held that permitted Machray, as shown by investigators, to misuse for 25 years funds and securities entrusted to his care. And the Institutions with which he was most closely affiliated suffered more severely. Funds of the Church of England diocese of Rupert's Land were depleted while University of Manitoba endowments were cut in half by his firm's $2, 000,000 deficit.

Nephew and adopted son of the late Archbishop Robert Machray, John was born of humble parents at Haddington, Scotland, Feb. 17. 1865, raised and educated in ecclesiastical environment, and throughout his career he remained closely associated with the church. He was a member of practically all church committees and for 27 years served as chancellor of the diocese.

Distinguished scholar at University of Manitoba, Machray never lost his connection with the institution from which he graduated in 1884 with classical honors and the university silver medal. One of the original governors of the college, he acted for years as honorary bursar and chairman of the board, also as member of finance committee and land board.

At Cambridge he obtained his LL.D. and then returned to be called to the bar of Manitoba in 1890, Associated several years with the legal firm of Archibald & Howell, Machray joined the reorganized firm of Archibald, Machray & Sharpe, which he later headed under various names until it developed into the purely investment firm of Machray & Sharpe, a branch of Machray, Sharpe, Parker, Crawley & Richardson.

This firm, however, was distinct from the financial branch of Machray & Sharpe and other than these two did not share in the in- vestment profits. Mr. Justice R. N. Dennistoun for some years was associated with Machray but severed his connection when elevated to the Manitoba bench upon his return from the great war.

Though appointed a king's counsel in 1912, Machray in his practice was building for himself a more prominent reputation as a keen investment counsellor than a legal authority, particularly concerning real estate, from which his firm was reputed to have generously profited during the pre-war boom in Winnipeg.

But the boom passed and the firm was left loaded with depreciated properties. From then on assets of the company began slipping quickly in value but Machray, proud of the reputation he had established as an investment authority, continued to pay interest on non-profitable investments on behalf of his clients. Reports prepared for a commission which investigated the shortages estimated such payments at a minimum of $1,000,000.

It was the attempt to continue these payments that led to revelation of the shortages. For the previous seven years auditors had bought to inspect the company's books and securities but Machray. Pleading illness and business difficulties, asked to be allowed time.

Respite after respite failed to produce the securities $500,000 worth of which auditors believed missing. When an ultimatum by Robert Drummond, the Manitoba Comptroller-general, was unheeded, government officials were called into hurried conferences. Curt. formal announcements from the government followed rumors of the shortages, On August 24 Machray, confined to his bed at home, was arrested and charged with the theft of $47.531.

Indignantly the old lawyer protested the arrest, denied money had been stolen, assured government representatives shortages would be replaced by loans from friends and business associates. Pale and weak, in penitentiary, Machray told commissioners investigating the losses that collapse of his firm was a surprise to him for he believed the company's assets intact.

Meanwhile auditors were working day and night to ascertain ex- tent of the shortages. The firm was liquidated and Machray and his partner, F. J. Sharpe, tossed into personal bankruptcy. The legal firm of which he also was senior partner was reorganized without him while custodians were appointed to salvage the monetary debris.

Unable to appear in court when first arrested, the invalided prisoner was granted a series of remands to Sept. 22, when he was sentenced by an old associate, Magistrate R. M. Noble, to seven years in penitentiary, after pleading guilty to theft of $500,000 from the college and $60,000 from Heber Archibald, a former law partner. Church officials declined to press charges against him.

It was a dramatic scene in the small provincial court which he entered on the arms of his physician and a daughter. He pleaded. guilty from a chair at the end of counsel table and for seconds seemed stunned when sentence was pronounced. However, he waived his right to appeal and was taken immediately to Stony Mountain.

But the case was far from complete. The commission under Mr. Justice W. F. A. Turgeon was only beginning to work, Premier John Bracken. two of his ministers, university governors and government officials and numerous other persons were called as witnesses. All testified Machray's reputation had deceived them. This was the reason, some said, accounts went unaudited "for several years."

The company books were shown to be in a terrible state. Important entries in many cases had never been made and accounts had gone untotalled for nearly 16 years. University authorities also charged transfer and sale of bonds had been made without proper authority and that records of these transactions were not accurate.

Auditors and counsel for the commission showed where Machray had benefited from the missing monies, despite his pleas of innocence. Records showed personal mortgages, taxes, gifts and liquor charged against the company. Even a stained-glass window dedicated in St. James Cathedral to the memory of his uncle was partially paid for from company money.

Despite millions of dollars in trusts funds estimated to have passed through his hands. Machray was a modest living man and did not seek luxuries. His time-worn motor car was a familiar sight in front of the Machray home where he lived with his wife, Emily 8. Drewry, daughter of E. I. Drewry, whom he married in 1904, and three daughters.

Business, Church and college matters practically monopolized his life but whenever time was available in earlier years the St. Charles Country of Manitoba clubs usually found him exercising on the golf course or squash courts. During the past three years, however, he had been in delicate, health and much of the time he was confined to bed.

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Being An Actress

I remember the moment I decided I wanted to be an actress. I was walking across the parking lot of my high school after an undoubtedly stellar performance as Portia in an all-girl production of The Merchant of Venice when my father turned to me and said, "Do you think you might want to do this for a living?" At the time I remembered feeling a little insulted. My grades were excellent. Didn't my father think I could be a lawyer or a veterinarian or a psychologist? It wasn't that I didn't love to act, but everyone I knew who wanted to be an actress was either egotistical or unstable. Not that one was mutually exclusive of the other. What did this say about me? No one in my family acted, although my Grandmother often hinted of an unsubstantiated family connection to Hermoine Gingold. Occasionally my parents would take us to see a play or listen to a concert, but only to help make us well-rounded individuals. When someone would go on about the Sound of Music my father would roll his eyes and say, “How can I take a nun singing on hilltops seriously?” And I found myself admitting that he had a point.

When I was four I appeared on Romper Room for an unprecedented two weeks. At the time my best friend, Mary Lou, had been selected for the local cable network but her incredibly shy demeanor had her mother worried.

“She’s gonna sit there like a sack of potatoes.” Mrs. Dean told my Mother who quickly suggested that I accompany Mary Lou for moral support.

“What do I have to do?” I asked my mother as she was tucking me into bed.

“Just be yourself,” she replied. My mother knew exactly what that meant. Naturally loquacious I kept things hopping on the set by constantly commenting on the camera man kissing the teacher. When asked what my father had in his garage, I remarked that it was presumptuous to even assume we had one. There was some discussion about a third week, but Miss Dawson put her foot down and said I was stealing the show.

Soon I was taking dance classes and skating lessons. My first stage appearance was as a rabbit in the famous ballet, Bugs Bunny's Birthday Party. I was excited because we second tiered rabbits were going to eat sandwiches on stage. Then disaster struck. The sandwiches were going to be peanut butter and I hated peanut butter. Teary eyed I complained to my mother who told me to grin and bear it. “That’s acting,” she said.

In grade four I wrote a play about a pair of motorcycle lovers and sang Baby Driver while they straddled their desks and rode off into the sunset.

“Hit the road and I’m gone.

What’s your number?

I wonder how your engine feels?”

“Okay,” Mrs. Orcutt interrupted, “I think that’s all the time we have for that today.”

After my father gave me his blessing to pursue a career on the stage, I decided to explore all of my options. I auditioned for an amateur theatre company and played bird #4 in Aristophanes’ The Birds, and a milk maid in Galt MacDermot’s musical adaptation of Shakespeare’s Two Gentlemen of Verona. Not exactly earth-shattering roles, but I knew there was a pecking order (no pun intended) and that dues must be paid. In Niagara Falls, where I lived as a teenager, there were two amateur companies. The youth group that took over the Firehall Theatre in the summer months of July and August, and the adult group that staked their claim the rest of the year. The youth company was run entirely by a handful of 18 to 20-year-olds who took themselves very seriously. We stretched ourselves artistically, which is really just another way of saying that were out of our depth. I remember as Bertha in Pippin I had to say, "Men raise flags when they can't get anything else up." At the time I had no idea what that meant but I certainly enjoyed the response I got every time I said it.  

The amateur theatre company in the neighbouring city of St. Catharines were doing large scale musicals with professional directors and a cast of a thousand. Even I could tell the difference between Garden City’s production of West Side Story and the Niagara Falls Music Theatre Production of A Shadow Box. We told ourselves that we were doing something significant for the five or six audience members who sat in the dark to watch us perform. “At least they can appreciate art.” we told ourselves, ignoring the occasional snore beyond the footlights.  When someone who had seen our production complained in the paper that “…smut didn’t belong on stage.” I was devasted. “Some people just don’t know a good thing when they see it,” I ranted, “It’s a Pulitzer award winning play.”  I forgot that we weren’t Tony award winning actors.

Anxious to spread my wings and get a taste of the real thing, I auditioned for a one-act play festival at the nearby University and managed to get the part of an uptight bible thumper in an original musical called A Hundred Bucks a Week. It was the story of a topless shampoo parlourist who castrates a guy with her teeth. Did I mention that it was narrated by a cat? I still remember singing:

“We all must be as babies in the garden.

Smiling with our mouths all bright and new.

Innocently smelling lovely roses.

Not prying with our fingers in dog doo.”

Needless to say, my father was a little shocked when an actress appeared on stage topless while I sang my heart out in a futile effort to convert her. This time as he walked me across the parking lot to the car he suggested that perhaps I should seriously consider journalism at Carleton. “Impossible!” I stated dramatically, “I’m an actress.” And I actually believed it.

I arrived at University wearing vintage clothes with frizzy hair and John Lennon glasses. I couldn’t decide if I wanted to be Doris Finsecker from Fame or Janice Joplin. My dorm room-mate was an engineering student who was the first to know of a kegger and had never seen a play in her life. She often returned to our room late at night reeking of booze and sludge water after spontaneous dips in the Detroit River.

At theatre school I was told I couldn’t dance, I couldn’t sing, I had speech impediments and a wandering left eye that would completely destroy any hopes of a career in film “Too bad you didn’t have it looked at when you were a kid,”one professor told me, “It’s easily treatable if caught when you are young.” At the age of five I was a frequent visitor to Sick Kids Hospital for my eye and wore a patch over my glasses for a year. It didn’t cure me. So much for trusting the knowledge of my professors. Strike one!

I began to sink under the pressure of looks and expectations. While the rest of the women in my class wasted away proclaiming to have eaten nothing but broccoli over Thanksgiving, I gained seven pounds over a new found love of peanut butter and developed a bad attitude towards anyone who encouraged me to “feel space”. When my teacher overheard me mutter under my breath one day that I hated improve she called a class meeting to discuss why I hated her. Everyone stared at me shocked and disappointed. Why was I resisting the pu-pu platter of techniques spread out before me? “You’re a very stubborn actress,” the teacher announced, “but I’m going to break you.” That was strike two.

At my first semester tutorial I was told that I had talent, but I wasn’t tall, thin or pretty enough. “You have the face of Sally Field,” the department head told me, “but the body of Kathy Bates.” Strike three.  I went home for Christmas and announced to my father that I was dropping out to focus, instead, on getting into a proper theatre school in New York. After all, I reasoned, it’s where I really wanted to be anyway.

There is probably nothing quite as depressing as returning to your hometown in the middle of winter when all of your friends are away at school having the time of their lives. The overall perception is that you have failed. It didn’t help to think that I had willfully brought myself to this point in time. The phrase, “small fish in a big pond” kept going around in my head. While my best friends were acing all of their classes and dating interesting freshmen, I was eating cookies, and counting the days until everyone would return to amuse me. In the meantime, I moped around the apartment, wrote letters to theatre schools and read a lot of plays.

“You have to get a job.” My father announced and for the first time I was forced to slog my way through the want ads in a half assed attempt to find work at either a wax museum or a fudge shop. Completely unqualified for anything except theatre, I was forced to become a chamber maid at a tacky little hotel near Clifton Hill. Picking up after the kind of clientele that honeymoon in tacky hotels in Niagara Falls is enough to get one thinking seriously about their life choices. Maybe Dad had been right. A career in the theatre wasn’t looking so good anymore. Something had been tarnished from University and I couldn’t pretend that my trajectory to success was going to be one clear straight line to the top. I’d hit rock bottom and was picking up the condom rappers and dirty Kleenex to show it.

There have been many times in my career when I’ve been very close to throwing in the towel and becoming a real-estate agent or a tour guide.  At each one of those moments of genuine universal surrender something miraculous always happens. That year it was a letter of acceptance from the Neighborhood Playhouse in New York. By now my father, less convinced that I could make a go of it, made me a deal. If I could find a place to live in Manhattan within a week, he would allow me to go. So, I boarded the train in Buffalo and headed for the Big Apple.

I arrived in New York at around 2:00 PM on a very, very hot day in August. I walked straight to the library, took out the Village Voice, circled an advertisement seeking a room-mate for a four-bedroom brownstone on the Upper West Side, was interviewed at 7:00 PM and secured my living accommodations within twenty-four hours. It didn’t matter to me that I had no idea who the three men I’d be living with were. The place was nice and the price was right. I think I heard my father drop the phone when I called to tell him that I had accomplished the impossible. Studying in New York proved to be the best and possibly the worst thing that ever happened to me. I developed a philosophy of acting that has served me in every way, but it also created a high standard that hasn’t always been easy to live up to.

_________________________________________________________

A few years ago, I was invited to direct a production of Blue Stockings at the same University I had so unceremoniously departed from those many years ago. Parallel universes collided as images of my past kept imposing themselves on the present. There was the quad I had been initiated in. There was the building where I’d slept and laughed and cried. There was my window with the view of the cemetery and McDonalds. There was the library where I looked up the address of every theatre school in New York. There was the theatre I did my practicum in, all pretty much the same as the day I left it. The walls, hallways, buildings hadn’t changed, but I had. I didn’t need reassurance anymore. I didn’t need someone to tell me what I wasn’t or couldn’t be. If only we could teach students the value of tenacity and resilience.

I enjoyed directing that class. I hope I encouraged and inspired them. I was happy when they came to rehearsals in sweats and tee shirts, less concerned about how they looked than we had been. More confident in their choices. More involved. On Opening night after the cheers and flowers and the congratulations, it felt good to climb into the car and head for home. I’m not cut out for institutions. I don’t like the brick and the neon and the bureaucracy. Still, it was good to make my peace with that time in my life. On the four-hour drive to Niagara I was thinking about the young people I had just worked with making the transition from student to actor. Maybe some of them will end up in New York. Maybe not. The thing about acting is it can take you anywhere…from Romper Room to the stars with a few tacky hotels in between.

[sarahdraper]

Daniel & Partners LLP - Real Estate Lawyers in St. Catharines

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👉 If you have minor children, please, take the time to do your will. . 👉 You need to designate a person (guardian) to care for your children if you die before they become legal adults. . 👉 Also, you can designate a trustee to manage your children's inheritance until they reach adulthood. . 👉 Even more important, you can set up a trust to choose at what age you would like your child to receive his or her inheritance. . 👉 Remember, making a will to protect your children DOES NOT have to be expensive. As a wrongful death lawyer, Matt Lalande has been drafting estate plans for friends, family members, colleagues in the legal community, medical community as well as residents of in Hamilton, Halton & St-Catharines since 2003 and we would be happy to help you. . Visit hamiltonlawyers.com/blog for more information today. . . . #hamiltonlawyers #hamiltonlawyer #hamont #gta #lawyer #estateplanning #will #weloveourclients #burlingtonmoms #hamiltonmoms (at Planet Earth) https://www.instagram.com/p/B8mqw9gpVBp/?igshid=r299eunq2cej

[inbonobo]

Gaynor has a co-purchasing speed-dating-style night planned for May 4. People will fill out a survey listing their housing priorities and then will move around the room in a similar fashion to speed dating.

Real estate lawyer Lauren Blumas said it's critical that co-purchasers sign a legally binding document called a co-ownership or co-tenancy agreement prior to buying the home.  

Blumas said the agreement must include the percentage of the home each individual will own, a plan for how the space will be used, who's responsible for repairs and maintenance, and most importantly, exit strategies, if there's a relationship breakdown or if someone defaults on the agreement.

"It would cover off all those bases and would force you to sit down and think about how you want to structure your arrangement and then formalize it in an agreement, in which you would be able to look to when those eventualities occur," Blumas said.

Her law firm Iler Campbell has finalized approximately 50 co‑ownership agreements over the years and she said her firm is aware of only three of them ending in a relationship breakdown.

Buy outside Toronto, rent in the city: 'The Ultimate Retirement Plan'

Real estate agent Cory Matthews and his girlfriend Adriana Crivici, both 26, think they've figured out the perfect plan. They want to continue renting the second floor of a home in Greektown, and buy homes outside the Greater Toronto Area. That's right, homes, plural.

"We need to live here for our jobs, but when we were looking at the market we couldn't find anything that we could afford," Matthews said.

Three years ago, the couple purchased their first home in Listowel, Ont., northwest of Kitchener. "We could only spend about $100,000 and you're not going to find that in Toronto," Matthews said.

The rent they collect from tenants covers the mortgage and all monthly bills such as property taxes, and the couple pockets about $60 a month they put into savings or any potential months without tenants, Matthews said.

As a real estate agent, Matthews is comfortable with the strategy, but it took some convincing to get Crivici, who is an actress, on board.

"It took some blind trust," she laughed. "Yeah, it took lots of trust."

Their second leap of faith was a home purchase in St. Catharines a couple years later for $200,000, another less risky real estate market where prices have traditionally increased around two per cent a year, he said.

They refinanced their first home's mortgage, took some of the equity out of it and put it toward the second property's down payment.

(via Can't afford a home? Buy with a friend, or maybe even a stranger - Toronto - CBC News)

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Murder houses a tough sell, but a home’s dark past may stay hidden

TORONTO — It was a “stunning” property in the heart of downtown Toronto, but for broker Caroline Baile it was a tough sell.

That’s because the home had been the site of a recent murder, a domestic dispute turned fatal. Baile would tell potential buyers about the tragic death that took place, but the property’s story was already well known thanks to intense media coverage of the crime.

“It was challenging to sell it,” she said, not wanting to go into too much detail to protect client privacy. “So we ended up leasing it to cover carrying costs.”

The renters were aware of the property’s history and once the media attention subsided, the property was sold.

But for some people, the knowledge that a murder took place in a home is enough to make them walk away from a purchase — even if it is at a steep discount in a hot market.

That is, for those who are aware that something happened.

While there are rules requiring disclosure of issues concerning a property such as a defect like a hole in a roof or mould, for non-physical problems such as violent crime, the law largely says “caveat emptor” or buyer beware, said Alan Silverstein, an Ontario-based real estate lawyer.

Quebec does have a law that requires sellers to disclose when a person has died an unnatural death on their property. But in other provinces, the guidelines are blurry.

“A murder is more psychological than factual… When you get into the area of murder and suicides, natural causes, we don’t have clear rules,” Silverstein said.

There are also differing guidelines for agents or sellers, he added.

In Ontario, for example, the seller has no legal requirement to disclose a stigma such as murder and the onus is on the buyer and their realtor to find out.

However, real estate agents in the province have an ethical obligation to disclose the existence of stigmas, according to the Ontario Real Estate Association.

Agents should tell potential buyers about these issues at the earliest possible convenience, said Barry Lebow, a Toronto realtor and expert on stigmatized properties.

But a spokesperson for the Real Estate Council of Ontario says they are not obligated.

If the agent or seller is asked a question, they cannot give a false answer, Silverstein said.

The former owner of a Vancouver mansion learned this lesson after the B.C. Supreme court ordered her to return a $300,000 deposit after a sale fell through because she didn’t tell the buyer about a suspected gang-related murder of her son-in-law at the front gate in 2007.

Feng Yun Shao reneged on her $6.1-million offer on the 9,000-square-foot mansion in 2009 just days after forwarding the deposit. The would-be buyer asked why they were selling and was told the owner had moved back to China and her daughter had moved to a location closer to her child’s school, according to court documents.

Neither the owner, her daughter or the realtor told Shao about the unsolved slaying, and the judge said she was the victim of a “fraudulent misrepresentation.”

Still, as homes change hands over the years, a property’s dark secrets don’t always get passed on.

“If the seller doesn’t know about something, it’s hard to hold them liable,” Silverstein said.

Also, it’s unclear how far back in a property’s history must be disclosed. Some jurisdictions, such as California, stipulate the seller is obligated to disclose a death on a property if it occurred within the three years prior to the sale.

“We need some hard and fast rules,” Silverstein said.

Buyers who are uncomfortable with living in a home where a violent crime took place should do extensive research on any property that catches their eye. In addition to the obvious online address searches, potential buyers should also ask their would-be neighbours for information about the home, said Silverstein.

Another thing to look for is a line in the listing that asks potential buyers to call the listing agent before preparing an offer, said Toronto realtor David Fleming.

“It could mean something big or it could mean something small… When you see something like that, it usually means that there is a catch and they don’t want to put it in a listing,” he said.

Buyers can also add a clause that the sellers acknowledge that to the best of their knowledge there hasn’t been a murder or suicide in the home.

Sandra Pike, a realtor based in Halifax, said most agents in the region add in this caveat stipulating that the property has not been stigmatized by things such as murder, suicide or illegal drug cultivation.

“You wouldn’t want to be dishonest and not bring that up… If it comes back and bites you, it’s not worth it,” she said.

Some homes may never shake off the stigma, no matter how much time passes. The St. Catharines, Ont. home where convicted killer Paul Bernardo and his former wife Karla Homolka raped and murdered two teen girls was torn down in 1995.

Even in high-profile cases, there are some people who aren’t deterred, said Barry Cohen, a Toronto-based luxury property realtor.

The unsolved murders of Apotex Inc. founder Barry Sherman and his wife Honey at their mansion in northern Toronto has not hurt the sale prospects for nearby homes that he is representing, as most see it as an isolated incident and not a reflection of the neighbourhood, Cohen said.

As well, while the Shermans’ home is not currently on the market, Cohen said there is buyer interest.

“The client would buy it as is.”

Murder houses a tough sell, but a home’s dark past may stay hidden published first on https://worldwideinvestforum.tumblr.com/

[mikemortgage]

Murder houses a tough sell, but a home’s dark past may stay hidden

TORONTO — It was a “stunning” property in the heart of downtown Toronto, but for broker Caroline Baile it was a tough sell.

That’s because the home had been the site of a recent murder, a domestic dispute turned fatal. Baile would tell potential buyers about the tragic death that took place, but the property’s story was already well known thanks to intense media coverage of the crime.

“It was challenging to sell it,” she said, not wanting to go into too much detail to protect client privacy. “So we ended up leasing it to cover carrying costs.”

The renters were aware of the property’s history and once the media attention subsided, the property was sold.

But for some people, the knowledge that a murder took place in a home is enough to make them walk away from a purchase — even if it is at a steep discount in a hot market.

That is, for those who are aware that something happened.

While there are rules requiring disclosure of issues concerning a property such as a defect like a hole in a roof or mould, for non-physical problems such as violent crime, the law largely says “caveat emptor” or buyer beware, said Alan Silverstein, an Ontario-based real estate lawyer.

Quebec does have a law that requires sellers to disclose when a person has died an unnatural death on their property. But in other provinces, the guidelines are blurry.

“A murder is more psychological than factual… When you get into the area of murder and suicides, natural causes, we don’t have clear rules,” Silverstein said.

There are also differing guidelines for agents or sellers, he added.

In Ontario, for example, the seller has no legal requirement to disclose a stigma such as murder and the onus is on the buyer and their realtor to find out.

However, real estate agents in the province have an ethical obligation to disclose the existence of stigmas, according to the Ontario Real Estate Association.

Agents should tell potential buyers about these issues at the earliest possible convenience, said Barry Lebow, a Toronto realtor and expert on stigmatized properties.

But a spokesperson for the Real Estate Council of Ontario says they are not obligated.

If the agent or seller is asked a question, they cannot give a false answer, Silverstein said.

The former owner of a Vancouver mansion learned this lesson after the B.C. Supreme court ordered her to return a $300,000 deposit after a sale fell through because she didn’t tell the buyer about a suspected gang-related murder of her son-in-law at the front gate in 2007.

Feng Yun Shao reneged on her $6.1-million offer on the 9,000-square-foot mansion in 2009 just days after forwarding the deposit. The would-be buyer asked why they were selling and was told the owner had moved back to China and her daughter had moved to a location closer to her child’s school, according to court documents.

Neither the owner, her daughter or the realtor told Shao about the unsolved slaying, and the judge said she was the victim of a “fraudulent misrepresentation.”

Still, as homes change hands over the years, a property’s dark secrets don’t always get passed on.

“If the seller doesn’t know about something, it’s hard to hold them liable,” Silverstein said.

Also, it’s unclear how far back in a property’s history must be disclosed. Some jurisdictions, such as California, stipulate the seller is obligated to disclose a death on a property if it occurred within the three years prior to the sale.

“We need some hard and fast rules,” Silverstein said.

Buyers who are uncomfortable with living in a home where a violent crime took place should do extensive research on any property that catches their eye. In addition to the obvious online address searches, potential buyers should also ask their would-be neighbours for information about the home, said Silverstein.

Another thing to look for is a line in the listing that asks potential buyers to call the listing agent before preparing an offer, said Toronto realtor David Fleming.

“It could mean something big or it could mean something small… When you see something like that, it usually means that there is a catch and they don’t want to put it in a listing,” he said.

Buyers can also add a clause that the sellers acknowledge that to the best of their knowledge there hasn’t been a murder or suicide in the home.

Sandra Pike, a realtor based in Halifax, said most agents in the region add in this caveat stipulating that the property has not been stigmatized by things such as murder, suicide or illegal drug cultivation.

“You wouldn’t want to be dishonest and not bring that up… If it comes back and bites you, it’s not worth it,” she said.

Some homes may never shake off the stigma, no matter how much time passes. The St. Catharines, Ont. home where convicted killer Paul Bernardo and his former wife Karla Homolka raped and murdered two teen girls was torn down in 1995.

Even in high-profile cases, there are some people who aren’t deterred, said Barry Cohen, a Toronto-based luxury property realtor.

The unsolved murders of Apotex Inc. founder Barry Sherman and his wife Honey at their mansion in northern Toronto has not hurt the sale prospects for nearby homes that he is representing, as most see it as an isolated incident and not a reflection of the neighbourhood, Cohen said.

As well, while the Shermans’ home is not currently on the market, Cohen said there is buyer interest.

“The client would buy it as is.”

from Financial Post http://bit.ly/2QhBgBz via IFTTT Blogger Mortgage Tumblr Mortgage Evernote Mortgage Wordpress Mortgage href="https://www.diigo.com/user/gelsi11">Diigo Mortgage

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The Daily Tulip

The Daily Tulip – News From Around The World

Tuesday 28th November 2017

Good Morning Gentle Reader….  For a change I thought we could have a look at the crime news.. It makes a little change for us, normally we laugh and chuckle at the funny things people get up to, today I thought we would look at some of the terrible things people get up to … life is a strange place, people you never expect to get arrested for terrible crimes, often against the people they say they love… be careful who you love, is my response, and it doesn’t matter the gender, man or woman can stab you equally as quick, and sometimes you have think do I really want this kiss….. Me? I want a cup of Juan Valdez coffee that’s just brewed and the smell is making my mouth water… enjoy your day,

FLAT-EARTHER DELAYS LAUNCH IN HIS HOMEMADE ROCKET, SAYING 'IT'S NOT EASY'…. It appears we will need to wait a while longer to find out whether more than two millennia of thinkers and explorers — from Aristotle and Ferdinand Magellan, to Neil deGrasse Tyson and John Glenn — have been wrong about the shape of the Earth. Our modern Super Hero "Mad" Mike Hughes, limousine driver and self-proclaimed flat-Earther, announced that he had to delay his plan to launch himself 1,800 feet high in a rocket of his own making. The launch, which he has billed as a crucial first step toward ultimately photographing our disc-world from space, had been scheduled for Saturday — before the Bureau of Land Management got wind of the plan and barred him from using public land in Amboy, Calif. Also, the rocket launcher he had built out of a used motor home "broke down in the driveway" on Wednesday, according to Hughes. He said in a YouTube announcement that they'd eventually gotten the launcher fixed — but the small matter of federal permission proved a more serious stumbling block (for now). The BLM "informed me that they were not going to allow me to do the event there — at least at that location," Hughes said. Hughes asserted that the BLM last year had tacitly left the matter of permissions to the Federal Aviation Administration, and "of course, they can't honestly approve it," he added. The FAA "just said, 'Well, we know that you're going to do it there.' " It turns out the BLM wasn't satisfied with that explanation — particularly after The Associated Press first reported on the launch for a national audience. "Someone from our local office reached out to him after seeing some of these news articles [about the launch], because that was news to them," a spokeswoman for the agency told The Washington Post, adding that Hughes had not applied to the local BLM field office for the necessary permit. "So, it turned out to be not a good thing," Hughes said. Still, Hughes has not relented in his quest to launch himself roughly 500 mph on a mile-long flight across the sky above the Mojave Desert. He said he has found private property near his original launch site, where he anticipates finally taking off as early as this coming week.....

11 SUSPECTS CHARGED IN HISTORIC FENTANYL BUST…. Eleven people — many of whom are well known to Alberta law enforcement — face 127 separate charges in a $4.1-million Calgary drug bust, one of the largest ever in the province.  Representatives of the Alberta Law Enforcement Response Teams (ALERT) gave details on the massive haul of illicit drugs, cash and firearms during a Wednesday morning news conference, a multi-agency effort to dismantle a Canada-wide drug trafficking and money laundering enterprise headquartered in Calgary. Titled Project Offshore, the fruits of the year-long investigation represents the agency's fifth-largest seizure of illegal drugs in its history — as well as its biggest seizure of fentanyl, taking 15,757 of the dangerous pills off the streets. "Given the health crisis our communities have faced over opioid abuse, there's no doubt in my mind that lives have been saved," Insp. Patty McCallum said at the news conference. "This was a complex and robust investigation that deployed a variety of specialized resources and police techniques." While declining to elaborate on the specifics of the investigation, McCallum said search warrants were executed on 11 homes throughout the investigation. In addition to fentanyl — which investigators believe came into Alberta from B.C. — police confiscated almost seven kilograms of cocaine powder, 1.5 kilograms of crack and more than 100 OxyContin pills.  Also seized was 27 kilograms of methamphetamine — another record seizure for ALERT. The scope of the trafficking enterprise, McCallum said, was far-reaching, spanning from Vancouver as far east as the Maritimes. Overall, Project Offshore was the fifth-largest drug seizure in ALERT's history.

ESTRANGED HUSBAND PLEADS GUILTY TO STABBING ONT. WOMAN 30 TIMES…. The estranged spouse of a St. Catharines woman plunged a knife into the 39-year-old’s body 30 times as their two young children slept nearby, court heard Tuesday. The lifeless body of Angela McAdorey was found the following day by her sister, the knife used to murder her resting on her back. In a Superior Court of Justice in St. Catharines on Tuesday, Karl McAdorey, 44, pleaded guilty to a charge of second-degree murder. A conviction of second-degree murder carries an automatic life sentence but the number of years a person must serve before being eligible for parole varies. Assistant Crown attorney Richard Monette told Judge Joseph Henderson he and defence lawyer Donald Wolfe do not agree on how many years McAdorey should serve before being eligible for parole and requested sentencing be adjourned to Feb. 7, 2018. Monette added he expects family members to present “quite a number” of victim impact statements on that day. Angela was found dead in her Appleby Drive home Feb. 10 by police officers who were called to the Grantham area home by family members. Court was told Karl and Angela married in 2005 and separated in July 2016. The defendant maintained regular contact with his wife because of their two children, who were ages eight and nine at the time of their mother’s death. On Feb. 9, 2017, Karl went to his wife’s Appleby Drive home to tell his children their grandmother had passed away the previous day. After the children went to bed, court heard, he took a kitchen knife with a seven-inch blade and began stabbing his wife. She suffered 30 stab wounds to her neck, face and shoulder as well as her upper chest. “He stabbed her repeatedly,” Monette said. A forensic pathologist noted the woman had a number of defensive wounds on her hands and arms. “One wound entered her arm and exited on the other side and went into her chest,” Monette told the judge. After murdering their mother, Karl took the children to his home for the evening.

#FREECYNTOIABROWN: CELEBRITIES RALLY BEHIND TEEN SEX SLAVE SENTENCED TO LIFE FOR KILLING HER ALLEGED ABUSER…. Kim Kardashian is among the celebrities demanding justice for sex trafficking victim Cyntoia Brown, who was sentenced to life in prison after killing her alleged abuser. Brown was 16 when she was sold to a Nashville real estate agent called Johnny Allen, who allegedly kept her captive as a sex slave and abused her. Terrified she was going to be killed, Brown killed Allen when she had the chance. She has already served 13 years of her life sentence, and won’t be eligible for parole for another 51 years.

'A VERY SVENGALI-TYPE SITUATION'; INMATE DIES AFTER METH-LADEN KISS FROM GIRLFRIEND…. An Oregon woman whose inmate boyfriend died from a meth-laden kiss after a prison visit was sentenced to two years behind bars Tuesday on a drug conspiracy charge. Melissa Ann Blair and Anthony Powell shared a long kiss at the end of a visit last year at the Oregon State Penitentiary and she passed seven tiny balloons filled with methamphetamine into his mouth. Two of the balloons ruptured in Powell’s stomach a short time later and he died of methamphetamine toxicity, prosecutors have said. U.S. District Judge Marco Hernandez said Blair’s actions were part of a scheme devised by Powell and others to get drugs inside the prison. There was a dispute as to whether Blair participated of her own free will, but Powell shared responsibility for his own death, Hernandez said. “It was tragic and sad but he shares responsibility for what happened,” the judge said. The 41-year-old was serving a life sentence for aggravated murder in the stabbing death of his mother-in-law, according to court records. Besides two years in federal prison, the judge also ordered Blair, 46, to complete three years of post-release supervision and participate in drug treatment and mental health programs. She did not make a statement in court. Her sister, who attended the hearing, declined to comment. Blair felt coerced by Powell even though he was behind bars, her attorney, John Ransom, said outside court. She used methamphetamine but was not addicted, he said. “It was a very Svengali-type situation where he had total control over her life,” Ransom said. “She had to do whatever he said.”

WOMAN STABBED HER ALLEGEDLY ABUSIVE NAKED GRANDDAD 41 TIMES — TO DEATH…. A 21-year-old woman has been arrested in the death of her 80-year-old grandfather after police say she stabbed him 41 times in the home they shared last week because she says he was abusive to her. Patricia Diocson is charged with murder and possession of an instrument of crime in the death of Robert Girard. No attorney is listed in online court documents. Police say she initially told investigators she came home Wednesday at 9 p.m. and found her grandfather naked in a pool of blood on the kitchen floor in the city's Port Richmond neighbourhood. Police say there was a trail of blood leading from Girard's second-floor bedroom to the kitchen, and there were no signs of forced entry. Police say she later confessed to stabbing him 41 times.

Well Gentle Reader I hope you enjoyed our look at the “Crime” news from around the world this, Tuesday morning… …

Our Tulips today are "Blood Red" how appropriate…..left's hope our modern day Super Hero doesn't spill any....

A Sincere Thank You for your company and Thank You for your likes and comments I love them and always try to reply, so please keep them coming, it's always good fun, As is my custom, I will go and get myself another mug of "Colombian" Coffee and wish you a safe Tuesday 28th November 2017 from my home on the southern coast of Spain, where the blue waters of the Alboran Sea washes the coast of Africa and Europe and the smell of the night blooming Jasmine and Honeysuckle fills the air…and a crazy old guy and his dog Bella go out for a walk at 4:00 am…on the streets of Estepona…

All good stuff....But remember it’s a dangerous world we live in

Be safe out there…

Robert McAngus

[vsrlawcanada]

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[sarahdraper]

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