|FOR IMMEDIATE RELEASE|
|B.C. family seeks B.C. Court of Appeal review of foreclosure of Pacific Rim Resort in Tofino|
| VANCOUVER, B.C. – A Tofino resort family is heading to the B.C. Court of Appeal on May 28 seeking the dismissal of a judgment against them based on new information that t suggests they were victims of a conspiracy allegedly involving B.C. Investment Management Corp. (bcIMC).The resort property was acquired by bcIMC in 2013 aided by what the family alleges were criminal means and involving other agencies of the B.C. government including B.C. Hydro and B.C.’s aboriginal treaty negotiators as well as by allegedly improper representation by the family’s lawyer.BCIMC is the manager of B.C. public-sector pension funds totalling about $114 billion. The court hearing will take place in the B.C. Court of Appeal at 10 a.m. on May 28
in the Supreme Court of B.C. at 800 Smythe St., Vancouver, B.C.A sworn affidavit filed in Victoria, B.C. on March 31, 2015 by former resort operator John English alleges that he and his family were robbed of their assets and left in financial ruin after losing their home and resort business, which they had owned and operated for 30 years. It includes more than 2,000 feet of white sand beach near Tofino on the west coast of Vancouver Island as well as buildings, RV sites and undeveloped acreage.
“My family and I have been the victims of domestic terrorism. We were subjected to multiple acts of arson and property damage and there were attempts on my life and on my son’s life,” English says, claiming those acts were intended to cause a distress sale at a price far below true market value.
English says information he has obtained since the judgment allegedly shows evidence of a government conspiracy to obtain the property as cheaply as possible for use in an aboriginal treaty settlement.
English says he has since learned that bcIMC operating through its wholly owned subsidiary Parkbridge Lifestyle Communities Inc. was allegedly collaborating with B.C. Hydro and the B.C. Ministry of Aboriginal Affairs to acquire the English family’s property.
English says he was informed in 2013 by the Chief and Councillors of the Tla-o-Qui-Aht First Nation in Tofino that the B.C. Government in 2010 had promised that they would give them the English family’s resort and property as part of their Treaty Settlement but also had told the Chief and Councillors to “keep it a secret or the price would go up”.
These statements have been made in sworn declarations filed with the Court and supportive evidence of the allegations will be presented on May 28 at the Court of Appeal hearing.
“The string of arson attacks and other harassments against us during negotiations to refinance and/or sell our property were obviously part of a campaign to intimidate us into a distress sale at below-market prices and unfortunately it now appears the lawyer acting for us for some of that time, Gregory Harney of Victoria, was not acting in our best interests either, such as by offering a supposed financial rescue from an associate of his that proved to be illusory, and by acting instead in the interests of bcIMC,” says English.
In the statement of facts filed in the Court, English alleges that when Harney was hired to act for his family to stop an unlawful foreclosure by Mission Creek Ltd. he did not carry out this assignment and instead allegedly promoted the interests of bcIMC and attempted to coerce and force English to sell the family’s resort property to bcIMC for approximately 15 per cent of its appraised value, which they refused to do.
When English refused to accede to Harney’s demands that the family sell to bcIMC at this low price, which would have left the English family destitute, Harney resigned as their representative and sent them a bill for $1.1 million that English alleges was far in excess of what he had agreed to charge when he was retained, namely that Harney would take two RV site leases and $10,000 for expenses as his total fee.
English has since obtained advice from other legal advisors, who believe Harney hit them with the vastly-inflated bill in order to assist bcIMC to take all of the English family’s property illegally so the B.C. government could then allegedly use the resort and its land as part of a potential treaty settlement with the local First Nation, in which case Harney may also allegedly have been part of an apparent criminal conspiracy.
When the English family complained to the President of the Law Society of B.C. about the inflated invoice Harney issued a new bill for $520,000 and then resigned in October 2011 and sued them in B.C. Supreme Court for $520,000. He managed to obtain a Judgment for $250,000 but that was based on what English now alleges was a fraudulently-altered bill which English alleges Harney filed secretly a few weeks before the hearing.
English is seeking to set aside a judgment of Mr. Justice Bracken of March 28, 2013 ordering them to pay $256,000 to Victoria lawyer Gregory Harney, who was hired in April 2011 to stop a foreclosure by Mission Creek of the English family’s property. English claims Harney acted ineffectively during an attempted refinancing of the property and furthermore that Harney’s actions as their lawyer blatantly breached many provisions of the B.C. Legal Professions Act and Law Society of B.C. regulations and also may have included filing fraudulent documents in court.
English also has filed a formal complaint with the Law Society of B.C. asking that Harney be disbarred for his conduct and he has also sued Harney in B.C. Supreme Court for the English family’s losses and damages.
Had the courts been aware of the new evidence English is confident that Harney’s claim against them would have been dismissed entirely and he now is hopeful that the B.C. Court of Appeal will remediate the above and other injustices.
English alleges the process of the court-ordered sale of his family’s resort was undermined and perverted by predatory agents of bcIMC who materially benefited corporately and perhaps individually from the commission of numerous indictable criminal acts of domestic terrorism against him and his family and against their lands, home and resort business as part of a determined and calculated criminal effort to acquire their lands at far below market values, apparently for potential use in settling local native land claims and treaty negotiations.
Contact info for John Carten: