LAA100 - Transcription Files

1. GENERAL PRACTICES:

Listening and writing recording 1.01:

As I told Ms. Camacharis, I tried for a week or so in 1961 to become friendly with an ancestor of this
dictator. However, I had such intimidating lack of success that I have ever since dictated to a real live
Secretary who can either throw our books down or our hands up when I mumble or make mistakes. So
please bear with me and you may find that your vocationally specific skills will be enhanced if you
manage to successfully transcribe this, despite my Scott's accent and despite my blushing and faltering
advances to this Swee machine.

So here goes. I'm going to give you, as my second example remarks that I made in June of 1993 to the
new members who were called on that day to the bar of the Province of Manitoba. This is what I said.
New members of the bar, I congratulate you. Ours is the second oldest profession, and whether we are
held in slightly higher or slightly lower esteem than the oldest profession, at least we have a longer shelf
life.

Indeed, the more irreverent among you may view me and some of my colleagues here on the bench as
creatures from some Jurassic Park. In any event, I welcome you in the only way that a veteran lawyer can
with words.

In other days and other jurisdictions, it has been common at the call to the bar ceremony for the speaker to
put the listeners to sleep under a quote that he has stitched together with quotes and cliches and
paternalistic platitudes about how honorable our profession is.

If it were less than honorable, there's little point in telling you now.

Those of you who plan life in court must learn only the three letter Alphabet of the advocate A-B-C for
acuity, the acumen to see, analyze and judge the issues. B is for brevity, and C is for clarity. The three are
inseparable triplets, but my emphasis today is on B for brevity.

First, the general rule of 20 put your pen down at 20 pages or your posterior down at 20 minutes.

A British judge took two days to charge the jury in a criminal trial, noting the panel's fatigue, Auburn
Ware, a writer who followed this and many other trials, said, 20 minutes, in my experience, is the longest
most people are prepared to spend concentrating on the words of a single speaker with more brevity. Mark
Twain said, few sinners are saved after the first 20 minutes of a sermon.

Second, if the weather permits, dress your pros in shorts or a mini skirt. If a short word fits, use it. Long
words are as depressing as long paces. Inevitable sometimes, but you should try to use them only as often
as you go to funerals.

Third, do the same with sentences. An overloaded sentence risks sinking like an overloaded tanker. So,
with paragraphs. Fourth, get your best argument out. First, whether you privately think it's Goliath rather
than David. And just in case the judge or tribunal didn't follow you the first time. Summarize your best
argument at the end a few words on style use the active form rather than the passive instead of it has been
suggested by a Council for the plaintiff right or say plaintiff's Council solar has suggested avoiding
jargon.
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Listening and writing recording 1.02:

Letter to Mr. John piccolo re piccolo versus fiddler I will not deal at any great length with the results of
the examination for discovery because I would rather do that in person you might therefore wish to
contact me to arrange an appointment to talk about our mutual impressions of how the questions and
answers of Sept 11 went to paragraph you will also find enclosed a copy of my letter to Mr. castles in
regard to certain information which we agreed to provide to him which I have now sent to him you will
recall that during his questioning of you there were references to these requests for additional information
which he asked you about called undertakings paragraph some of the undertakings require your
participation and help also some of these undertakings are matters which we may or may not want to pass
on to Mr. castles but I want to have the answers from you anyway paragraph please call me to talk about
the information that I need from you.

Listening and writing recording 1.03:

Letter to Mr. Raymond G Castles of Castles & Sons

Re: Piccolo v Fiddler.

Thank you for your suggestion of mediation.

Given that a pretrial conference date has now been assigned it seems preferable that we proceed with that
rather than incur the expense of mediation.

As an aside you should now that at their inception virtually all of the mediation agencies were firm in
their requirement that mediation be funded equally by both parties. The notion being to ensure that each
party has a stake in the process. I believe those agencies moved away from that to the point of requesting
insurers to solely fund mediation simply for business reasons – plaintiffs were reluctant to incur the cost.

I personally subscribe strongly to the initial view.

Listening and writing recording 1.04:

Letter without prejudice two Mr. Raymond G castles of castles and sands re piccolo versus fiddler
paragraph further to our various telephone discussions regarding this matter and on my review of the
information forwarded to me with your letter of April 19 I have received instructions to agree to have the
arbitration matter dismissed with no additional claims being made by my client for additional benefits and
with the agreement that no additional costs or amounts would be sought on any alleged overpayment of
benefits paragraph could you please advise me at your earliest convenience whether this proposal is
acceptable to you which I understand was one made by you during the hearing in late March paragraph
should this offer be rejected I would request copies of any additional information which you have
obtained.

Listening and writing recording 1.05:

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Letter to Mr. John piccolo re piccolo versus fiddler we have now settled this matter and you have signed
the release paragraph please find enclosed our account for services rendered Please note that I have
discounted the build a little bit paragraph if you have any questions, please call me.

Listening and writing recording 1.06:

memo to David W Iliad re interpretation of the proceedings against the crown act bracket in solid capitals
PACA bracket and the public authorities protection act bracket in solid capitals PA PA bracket paragraph
you asked me to research the law about the claim about our client might make against the commissioner
regarding the dispute over the use of our clients trained bear and whether the authority to issue or cancel a
license or impose conditions on a license falls within Section 5 (one) (C) of the PAC A paragraph it seems
that the words of Section 5 bracket (one) (C) of the PAC A referring to quote duties attaching to
ownership occupation possession or control of property UN occupation possession or control of property
UN quote refer to physical property as in land although one might claim that a bear was once property it
clearly would not fall within the scope of Section 5 (one) see (paragraph in Shank and others versus the
queen in right of Ontario) 1982 (40 block capitals all R) (410) the plaintiffs had sued the provincial
government claiming damages for a harm done to their fruit or church by road salt paragraph section 11
of the Papa established A6 month limitation period for the bringing of an action section 11 of the Papa
established A6 month limitation period for the bringing of an action quote for an act done in pursuance or
execution Of any statutory or other public duty UN Of any statutory or other public duty UN quote
paragraph in the Shank case the court noted that the salting of the highways was beyond the duties which
were given to the government by the relevant statutes because of this section 11 afforded no protection to
the government for its actions paragraph in our client’s case then if we can construe the actions of the
commissioner as falling within the scope of his public or statutory duty then we are required to commence
the action within six months after the cause of action arose alternatively if we can construe the actions of
the commissioner as going beyond the scope of his statutory duties or authority then we are not required
to commence an action within the six month limitation period set out in section 11 If however we
emphasize that the commissioner was at fault in not providing a full hearing into our client’s situation this
represents public beauty and it seems quite clear that we must abide by this limitation.

Listening and writing recording 1.07:

Letter to Mrs. emerging tantalus re tantalus versus tantalus paragraphs I have today received an affidavit
from the applicant’s lawyer I am particularly concerned about paragraph 15 of your husband’s affidavit
and I quote paragraph 15 below for your review paragraph 15 the respondents is suffering from severe
paranoia and her behavior is increasingly bizarre her behavior includes a she has accused school
principals and teachers of purposely trying to harm John and hold him back B she has accused the local
police of planting surveillance cameras in the trees behind the house and when her mind is wondering the
respondent will go into the backyard and yell at the camera to stop whatever it is doing because it is an
invasion of her privacy she has telephoned the local police on a number of occasions see she asserts that
she has telephoned the local police on a number of occasions see she asserts that quote they UN quote are
listening to everything that goes on in the house because microphones are hidden throughout our house D
she believes that someone has a set of keys to the house and comes in and removes and steals things just
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to upset us E last summer when returning home from vacation she blamed the police for coming into the
home and poisoning total our sons patching Cilla as most recently I have been woken by the sound of
pounding in the basement and I have discovered my wife hammering a piece of carpet in the basement G
the respondent has been friended an individual who heads up an advocacy group for the environmentally
sensitive this individual has taught the respondent to tie a moderately heavy object to a piece of chain and
swing it from side to side it is then described as a quote crystal UN quote and is asked questions if the
pendulum swings in a clockwise motion the answer is positive and in a counter clockwise motion the
answer is negative the respondent gears her decisions to the movement of the so called crystal and
confirms that she totally believes in quote magnetic energy UN the respondent gears her decisions to the
movement of the so called crystal and confirms that she totally believes in quote magnetic energy UN
quote to the point where she has accused my best male friend of affecting her magnetism and alleging that
this is sexual abuse paragraph please review the above and call me to make an appointment to discuss it.

Listening and writing recording 1.08:

Letter to Mrs. imaging tantalus re tantalus versus tantalus paragraph following are a few points from your
husband’s testimony during my cross examination of him which took place on Friday paragraph we got
into a long session about the excluded property which was basically as your husband said a $75,000
inheritance which he received from his uncle on a review of the items in your home your husband stated
that the camcorder was bought with the inherited money as was the computer and the monitor and printer
along with a small TV your car was bought exclusively with inherited money the agreement of the sale
seems to confirm this paragraph according to the line Ontario excluded property can either be inherited
money or property or gifts or any property bought with inherited money on that basis if the car was
bought with money from this inheritance it is excluded property and it cannot be the subject of a claim by
you against your husband and in fact still belongs to him as the majority of this money was used for
family expenses and renovations of the matrimonial home it now becomes lost as excluded property and
your husband cannot deduct it from his family property your husband confirmed that about 80% of the
money which would be about $60,000 was used for family expenses or on the home and therefore the
excluded property must be reduced from $75,000 to 15 $1000 paragraph on the issue of you’re receiving
information about your children’s school activities and any material from their teachers at first he said
that he did not want you quote interfering UN on the issue of you’re receiving information about your
children’s school activities and any material from their teachers at first he said that he did not want you
quote interfering UN quote but I told him that this was a serious issue and we were prepared to press on
with it at which time he backed down and said that you could receive documents and this information
paragraph in regard to the medical issues your husband stated that you are in need of psychiatric treatment
that you have involved yourself and your children in expensive bottled remedies and that you have a poor
relationship with the children particularly your older son which over the past number of months included
ordering him out of the home and generally being psychologically abusive to him paragraph in regard to
your husband’s own health he stated that his cholesterol level is a problem and that he has an angina
problem he also stated that he has a bad knee from hockey and confirmed that he now quit playing hockey
but because of his angina problem paragraph I will contact you with our next step.

Listening and writing recording 1.09:

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Letter to castles and sands re tantalus versus tantalus paragraph my client advises me that her husband is
being Very obstinate in cooperating with her in attempting to provide postdated support Checks paragraph
could you please advise me whether you have spoken to your client and further whether you have
recommended to him that it seems more sensible for him to provide a series of postdated checks to her
obviously these small issues become magnified once they are added together and I note your own
comment to me in a recent letter about some acts which might get you Client to consider requests made
by his wife similarly you might advise your client that he is certainly not establishing any ground for a Pi
1 add divorce to be granted on an uncontested basis as soon as possible and custody of the children to be
granted to my client to my client would consent to a charge mortgage being placed on the matrimonial
home in the amount required to pay off the husbands car loan on his car and ownership of the car would
then be transferred to my client paragraph could you please review the above and give me your response
you may consider the above as an offer to settle within the meaning of the provisions of the rules of Civil
Procedure.

Listening and writing recording 1.10:

Letter to Mrs. Imogene Tantalus re-Tantalus versus tantalum‘s paragraph as we discussed please find
enclosed my most recent interim account to you along with a printout indicating the time incurred
paragraph the total that you now old to this firm is approximately $8200 and as we discussed you will be
keeping back a portion of the RRSPs which your husband has agreed to transfer to you to allow you some
living expenses along with the payment of these accounts as I indicated to you the vast majority of the
work on our case is now completed and the remainder of the work required is nearly to prepare for trial
and for the trial itself paragraph I trust that the above is satisfactory in the meantime perhaps you could
again consider your comments to me that you may not wish to pursue the issue of custody at this time.

Listening and writing recording 1.11:

Memo to David W Iliad re-incorporation of universal handout Institute paragraph our client Mr. John
Venus is working in a joint venture with a large Mexican charitable organization called Age Día block
COGYGOIE to establish an Ontario branch of the organization to be called “universal handout institute“
apparently such institutions have already been established worldwide and plans and funding for the
Ontario operation has been approved John is travelling to Mexico in a few weeks to meet with you and
requires us to provide him with a letter setting out certain aspects of Ontario law as it relates to non-share
capital corporation’s paragraph I will write it to Mr. Venus as soon as I have your response and send him
our interim account.

Listening and writing recording 1.12:

Letter to Mr. John Venus reincorporation of universal handout instituting Ontario paragraph we now have
some suggestions about your question of whether the Mexican agency can protect its assets being used by
the Ontario corporation paragraph if the Mexican agency or giga block capitals OGYGIA simply lends
hard assets such as office equipment to the Ontario corporation there is no transfer of ownership and no
rent or lease payments the personal property Security Act bracket block capitals PPSA bracket does not
require a registration since there is no priority in issue you cannot encumber what you do not own
paragraph if the assets are being held subject to some purchase arrangement then there is a need to
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register under the P PSA so that priority over subsequent encumbrance ours is protected the PPSA protect
priority there must also be an underlying purchase slash financing agreement that establishes the terms of
the transaction paragraph if the assets consist of liquid assets such as cash and securities the only way to
protect the Mexican company is to take collateral security which will then be registered under the P PSA
again a financing agreement will need to be prepared that in this case would provide for the regular
transmission of accounting information so that the lender will be in a position to assess the viability of the
Canadian company paragraph I trust this will help you in your decision but if you require an in depth look
please let me know and I will pursue it for you.

Listening and writing recording 1.13:

Letter to Mrs. Victoria rose re rose sale to Thorne 95 may St Toronto paragraph enclosed is a copy of a
letter which we have recently received from these solicitors who acted for the purchaser with respect to
95 may St Toronto paragraph these solicitors are taking the position that we are liable to pay hydro arrears
which existed at the time the property was sold one of the requisitions which was made to our office prior
to the requisition date stipulated in the agreement of purchase and sale was that we satisfy the purchaser
that there were no hydra rears existing at that time paragraph our answer to that requisition was that it was
up to the purchaser to satisfy himself in that regard and that was an appropriate answer however the
solicitor neglected to conduct the appropriate searches failed to discover that there were utility arrears and
closed the transaction notwithstanding paragraph they are now taking the position that it is your
responsibility to pay those arrears paragraph although there is some degree of risk that a court would find
that the vendor was liable we are of the opinion that the responsibility lies with the solicitor who failed to
protect the interests of his client by completing the appropriate searches and that any conditions in the
agreement of purchase and sale did in fact merge on closing paragraph your options are as follows
paragraph one pay the full amount outstanding which I believe is in excess of $4000 to refuse to pay the
set amount and risk the small expense of defending a court action which if last will simply require you to
pay the set arrears or three reach some compromise whereby some amount is paid to avoid the nuisance
and possible cost as well as possible judgment of the action paragraph when making a decision you must
keep in mind that had the purchasers solicitor done his job competently and made the appropriate
searches an made the requisition that we satisfy the set arrears prior to closing we would have had to have
done so paragraph we look forward to hearing from you prior to taking any further action in this matter.

Listening and writing recording 1.14:

Letter to Mr. Jason argonaut real Erin estate matters paragraph I visited the metropolitan bank on young
St hearing Toronto and enclose copies of the last will and testament of Mr. Alexander larine and a
handwritten inventory of the contents of your uncles safety deposit box paragraph the inventory lists a
variety of old documents most of which have very little current importance and various items of jewelry
and coins without an appraisal which will be necessary to value the items as a first step to their sale or
distribution it is impossible to estimate the value of these items only a few of the coins are of any age
although some are from the last 30 years or so when Canadian coins had a silver content which may make
them more valuable than their face value the jewelry may have a greater sentimental value if it did belong
to your uncle’s first wife paragraph I have called the Law Society about the location of Mr. pick Wick the
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lawyer who prepared your uncles will so that we can locate the original will if the original cannot be
located we may be required to advertise for it as a precursor to filing to have your mother appointed
personal representative it will be of great help to have the powers of attorney from your relatives in
Greece to strengthen any dispute we have with your uncle’s second wife paragraph under Ontario law the
surviving spouse is entitled to elect to receive the greater of what he or she has been left in the will of the
deceased spouse or ½ of the value of the estate regardless of the terms of the will your uncle made his
will before he remarried and the will makes no reference to his spouse but this lack of reference is no bar
to her claim her big problem will be to arrange from Greece for a lawyer to represent her here paragraph
please call me with any questions.

Listening and writing recording 1.15:

Memo to David W Iliad re distinctions between pain and suffering and loss of expectation of life
paragraph in gold text entitled damages for personal injury and death in Canada the point is made that it is
possible for the personal representative of a person killed as a result of a personal injury to bring in action
for damages against the wrongdoer in respect of any loss or injuries suffered by the deceased in doing so
the text cites the Ontario trustee act which explicitly says that quote if death results from such injuries no
damages shall be allowed for their death or for the loss of the expectation of life UN quote the
commentary in the text at page 57 notes that there is a distinction between maintaining an action for loss
of expectation of life which is not permitted and an action for pain and suffering which is permitted again
on that page the commentary notes that damages for pain and suffering are payable to the estate of the
deceased paragraph in his text the law of damages Graham notes that it is a relatively recent development
that distinctions have begun to be made between pecuniary and non pecuniary losses beginning most
notably with in 1978 trilogy by the Supreme Court of Canada in contrast the tendency also beginning with
that trilogy of cases is to lump together the heads of non pecuniary damages without distinguishing the
quantum awarded for each Graham at page 106 of his text notes that these cases dealt with instances of a
living plaintiff and contends that there must be a distinction drawn in cases where the plaintiff has died as
a result of his injuries this distinction he contends must be drawn on the basis of the wording of the
statutes which wrist rest causes of actions accruing to the estate of the deceased paragraph finally it is
clear from the cases which deal with mental anguish in light of impending death that the damages
awarded fall under the heading of pain and suffering and are not seen as awards for loss of expectation of
life.
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2. LITIGATION:

Listening and writing recording 2.01:

Dictation by the honourable Mr. Justice Thomas Jesu. This next exert is taken from the last two pages of
the report of the entry across inquiry beginning at page 273. In the foregoing chapters this inquiry has
made a great many recommendations calculated to rationalize and simplify the justice system in Ontario.
The principal objective throughout this report has been to move the justice system closer to the people
whom it serves we have thought of essential that in those cases which touch all our lives with increasing
frequency one should be able to exercise once access to the justice system quickly economically and
expeditiously. In practical terms this means that in our matrimonial difficulties are disputes respecting
goods services and shelter. The translations are regulatory laws and other such cases we must be able to
exercise our right to justice without large expense, waste of time by litigants and witnesses alike or
unnecessary emotional trauma in the system proposed by this report family. Disputes of any nature or size
would go to a single court that court would have mediation resources available even before litigation
began and would have simple expeditious low-cost procedures. Smaller civil cases could be brought
before a court with quick straightforward procedures any known adverse aerial approach like that of the
family court. Criminal cases would proceed faster and without unnecessary appearances in court before
trial. All the courts after the Court of Appeal would be available in all regions of the problems. To some
the justice system is a remove institution whose existence is known only by the cases that catch the
attention of the mass media. There will of course always be big cases in the justice system which because
of their notoriety or importance are the subject of wide interest and become public spectacles. These
spectacular cases, however, tend to distort our perception of the administration of justice and it is wrong
to regard the courts. As a distant sensational institution of marginal relevance the justice system is not a
spectator sport involving only a very few which the rest of this watch with varying degrees of interest and
amusement the justice system is a purchase of a Tory enterprise in which directly or indirectly we all have
a very large stake and in which we will have to be called eventually to take part as victims witnesses party
or juror we have tried throughout this report to emphasize and facilitate this right to participate by
recommending a simpler structure of courts a more efficient management of them anymore prudent use of
the system having said all of this. However, some reality must intrude this is not the first inquiry into the
justice system there have been others and many of them have simply gathered dust in Chapter 7. This
inquiry encouraged those who managed the courts to take the advice. Of Peters and watermen in search of
excellence and quote do it fix it try it we noted that they should not be paralyzed by a fear of Player. The
same attitude holds true for the reform of the courts nothing will be achieved or improved if nothing is
tried we have attempted to make it clear in this report that the time for action is at hand the system is in
danger and reform must not wait here’s some of the recommendations in this report do not find favor with
the governing authorities then other recommendations should be devised and implemented properly it
would be wrong to confuse action with an endless circle or further studies analysis and reports which
would likely do little more than lead to an eventual paralysis at this point we would do well to recall an
ancient teaching. God is urgent about justice for Apollo justice the world depends.

Listening and writing recording 2.02:

Mr. Jason Turbett the Law Society of Upper Canada. 3, Templeton versus Dudley paragraph. We have
now been retained by Mr. and Mrs. Templeton to represent them with respect to negligence against their
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former lawyer, Mr. Oscar Dudley, who had acted for them in a motor vehicle accident case. A few years
ago, in which a day where the plaintiffs paragraph. On a review of the document which I received from
Mr. Dudley’s office; order was obtained which required the plaintiffs to answer the undertakings which
they had given on examinations. For discovery within 60 days, failing which the defendants in the case
could apply without notice to bring a motion to dismiss, the plaintiff’s claims in fact the undertakings
were not answered within. The required time and accordingly in order was obtained. Dismissing the
plaintiff’s claims. I enclose copies of both of those orders for your review and records paragraph. In the
file, which was sent to me by Mr. Dudley’s office, I can find no correspondence at all during the entire
calendar year after the orders, there is a letter dated almost 10. Months after one of the orders was
obtained advising Mr. and Mrs. Templeton merely that Mr. Dudley would be bringing a motion to restore
this matter to the trial list. He does advise them that quote the defendants in our absence have been able to
obtain an order dismissing your claim, UN He does advise them that quote the defendants in our absence
have been able to obtain an order dismissing your claim, UN quote paragraph Could you please advise me
whether the Law Society is prepared to retain my firm on behalf of Mr. and Mrs. Templeton to attempt to
have this claim restored, failing which I presume that a claim will have to be made against Mr. Dudley.
For any losses flowing from the dismissal of my client’s motor vehicle action. We await your response at
your earliest opportunity.

Listening and writing recording 2.03:

Mr. Roger Best-of Best and Bungle re Templeton versus Dudley. I have received your letter of January
14. As to the notice to me that the last societies errors and omissions insurer has instructed you not to
appeal the order of Mr. Justice Frank, I am at a loss to understand why you may be suggesting to me that I
have the option to appeal this order. Clearly it is not in my client’s best interest to appeal in order, which
now clears the field for them to pursue Mr. Dudley for his negligence.

I cannot also see why my clients would wish to expand the cost of such an appeal. On behalf of the Law
Society, your firm has had carriage of the attempt to restore this action and we have had no control over
those efforts. I cannot see now why I should be asked if I wish to appeal for which the work to this stage
has already been undertaken and done by your firm.

Even if this option is one which my clients wish to consider, it seems to me that they should have been
afforded greater input at the initial stages of your efforts. Then now being presented with the opportunity
to appeal this decision.

Unfortunately, I have been unable to contact my clients with their instructions. But as I advised you in my
previous letter. My instructions as of that time. Which have remained unchanged were to claim against
Mr. Dudley, if necessary to compensate my clients for what they would have otherwise recovered. In this
action paragraph. I also note that the affidavit, which I prepared on behalf of Mr. and Mrs. Templeton.
Where precisely in accordance with your Request to me for their contents, although Justice Frank notes
that there was no explanation given in the affidavit material for the delay and apart of the plaintiffs in
advancing this action paragraph. Should I have a change in my instructions? I will obviously proceed with
an appeal if so instructed. If Mr. Dudley should elect himself to launch the appeal. Could you please
advise me at your earliest convenience? Alternatively, if it is your advice to the last society to launch an
appeal, then please advise me.
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Listening and writing recording 2.04:

Mr. and Mrs. Frederick Templeton re Templeton versus Dudley paragraph.

As you can see from my letter to Mr. Best. Which I enclose, we just could not settle your case, nor could
we even get close to it. We did discuss a variety of issues and I am setting them out below in point form
so that you can understand the type of case we will have to present. The points which Mr. Best and I
discussed are as follows:

1. His belief is that you are only entitled to be paid what you should have gotten if Mr. Dudley had
settled the case, or if it had gone.

2. To court in a reasonable time, which would backdate the case three or four years to the belief that
neither of you will make a good witness at trial and will not be believed by a jury.

3.Particularly the fact that such a minor collision could cause such great problems for both of you so
many years after the accident.

4. For the medical evidence, which presents a very little objective proof of your injuries.

5. The belief that the wage loss claim is not very strong, including the fact that the income from the
ladies’ accessories business increased after the accident.

6. The lack of financial evidence about the two businesses other than the income tax returns.

7. The poor evidence presented during your very first examinations for discovery while you were Mr.
Dudley’s client.

Basically, Mr. Best just does not believe that you are telling the truth and that your case is worth very
little. I indicated to him that I would be prepared to suggest to the two of you that Vivien’s. Case was
worth about $80,000 just for her injuries and interest on that amount. Plus add legal costs. And any other
expenses as well? In turn. Mr. Best said he was thinking something more in the range of $15,000 for each
of you for your injuries and we never really did get into how much he was prepared to pay for the wage
loss claim. Paragraph. Clearly. We will need to proceed on with our case, but to present the best. There is
a variety of things which I will. And which? the things I need you to do are as follows. What? If you have
any photographs of either the vacuum sales business or of the ladies’ accessories business. I would like to
see these photographs.

1. If you have never taken any photographs, at least take some of the accessory’s shop.

2. If you have any documents from the insurance company to show how much you were paid for the
damage to the car you were driving when you were hit. I need those documents.

3. If you have any documents advertising the vacuum sales business when the business was being
operated, that would be helpful as well.

4. For the names and addresses of any current customers.

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5. The names and addresses of any customers you had before the accident that you did not have after the
accident paragraph.

I will be writing to Dr. Crane, asking that he refer both of you to a pain clinic. This information will be
very helpful to our case. As well, I will be writing for medical reports to the doctors that you have seen,
which will bring us more up to date on your condition. I will also arrange an appointment for both of you.
With a Dr. Landers. A new Dr. I want you to see to also help our case. In addition, I will also write to your
accountant for any records which she may have. As well as to the workers Compensation Board for any
records they may have about Fred paragraph. The sooner we get this information, the better we will be in
our case and if you have any questions at all, please call me at once. Unless I hear from you, I will expect
that you are helping me with your case by doing the things which I have asked.

Listening and writing recording 2.05:

Mr. and Mrs. Frederick Templeton Re Templeton versus Dudley. After speaking with both of your sons
over the past few days. I am confirming that there is no change in our intention to sue Mr. Dudley and
therefore there is no interest on your part based on my recommendation to you to appeal the decision
dismissing Mr. Dudley’s attempt to correct his error.

I have received another letter from Mr. Best advising me that Mr. Dudley is also not going to appeal that
decision. Mr. Best has also told me that I can serve him with the statement of claim on behalf of Mr.
Dudley paragraph. As you can see, the argument has just begun.

Listening and writing recording 2.06:

Doctor Dennis Crane Re Templeton versus Dudley. May I confirm your kind advice to me of the past few
days that you will be delivering a medical report on behalf of Mr. Templeton in the very near future. I
enclose an authorization authorizing you to release. This information to us and we will, of course, honour
your account promptly upon receipt. In addition, based upon your diagnosis and prognosis, I am writing
to inquire whether you would be prepared. To refer both Mr. and Mrs. Templeton to a pain clinic
paragraph, I believe, as you have also suggested, that this may be the only hope for both people.

Listening and writing recording 2.07:

Medical authorization to Doctor Dennis Crane, Re Frederick Templeton and Vivian Templeton. We
Frederick Templeton and Viviana Templeton authorize you to release all records, reports and X Ray
films pertaining to the injuries we sustained because of the accident which occurred on August 4, seven
years ago in Toronto ON to our lawyers of record, Michael Iliad and Redford 863, Seneca lane Toronto
ON M4J 1P6. This is your full and sufficient authority to do so dated at Toronto online for Frederick
Templeton to sign align for Vivian Templeton to sign.

Listening and writing recording 2.08:

Mr. Roger, best of Best and Bungle Re Templeton versus Dudley. Unfortunately, it appears that for the
moment, the gulf between our two positions is too large to bridge to achieve a settlement. It therefore
seems that my clients will need to proceed with the litigation, and I ask that you therefore deliver your
statement of defence to me within 20 days from the date of this letter. I also wish to confirm, that the date
 LAA100 - Transcription Files

of August 15 is acceptable to my clients for examinations for Discovery and I ask you to confirm with Mr.
Dudley his availability.

Listening and writing recording 2.09:

Mr. and Mrs. Frederick Templeton Re Templeton versus Dudley. Please find enclosed for your review and
records a copy of the statement and jury notice which I receive on Friday. You will see Mr. Best on behalf
of Mr. Dudley doesn’t claim very much Except to blame you for the failure to answer the undertakings or
the delays in answering them, and in acting to restore your action. Most of this is nonsense, but most of it
is also what we predicted they would say. You will also see that some of the differences are very minor
paragraph. If you have any questions about the statement of defence, please call me. Otherwise, I expect
you will keep working on the things which I have asked you to produce for me, including photographs of
the ladies’ accessories shop.

Listening and writing recording 2.10:

Mr. Roger best of best and bungle Re Templeton versus Dudley. Further to my assistant’s telephone
discussion with your assistant yesterday, I wish to confirm that the examinations for discovery have been
rescheduled from June 6th at the offices of Red and Grey, 123 Hamilton St, Toronto ON M6B 6B6, to
August 10 for the full day, with your client being examined in the morning and Mine in the afternoon.
Enclosed please find the notice of examination served upon you pursuant to the rules of Civil Procedure.

Listening and writing recording 2.11:

Mr. Roger, best of best and bungle re Templeton versus Dudley. Please call me if you have any
information as to when a defence medical may be conducted of my clients.

Listening and writing recording 2.12:

Mr. and Mrs. Frederick Templeton Re, Templeton versus Dudley. Please find enclosed a copy of a letter
from Mr. Best scheduling the medical examinations with Dr. John Kildare on Monday, January 3. Dr.
Kildare is the doctor that Mr. Douglas Solicitors, have picked to examine you. If Doctor Crane has your
x-rays, you should arrange to get those into them to Dr. Kildare on January 3. Please call your own Dr.
immediately to arrange this, you will also note that Mr. Best is indicating that he will confirm the
discovery date so that I may finally question Mr. Dudley. If you have any Questions, please call me.

Listening and writing recording 2.13:

Mr. and Mrs. Frederick Templeton Re Templeton versus Dudley. I was Finally able to question Mr.
Dudley on Tuesday, January 24, and my report is included as set out below:

First, Mr. Best and I had discussed the day before a technical issue being the admissibility of the affidavit
that Mr. Dudley had filed and the transcript from his examination all of which were used in an attempt by
the Law Society to restore your case and set aside the order, which dismissed your action. It was my
belief that this material was not automatically admissible, and I told Mr. Best that I wanted to question
Mr. Dudley about the things he had said in these Documents rather than during the discovery and delay
 LAA100 - Transcription Files

any other issues resulting from it. We agreed that Mr. Best Would review his position on this issue and
advise me as to how he wanted to deal with these documents. That position was discussed during the
examination for discovery and forms part of the evidence on which I did question Mr. Dudley. What is
this means is that if for some reason these materials cannot be used automatically by us in our case,
should we go to trial? I have a right to bring Mr. Dudley back to question him again later. This does not
prevent me from finally setting our case down for trial and you will see from my letter to Mr. Best a copy
of which I enclose that I have now served him with a trial record.

At the discovery Mr. Dudley was relatively direct, although he tended to avoid certain issues at certain
times. As you will see from my report. He indicated that he is now practicing on his own and was called
to the bar about 10 years ago when you formally retained him, he was also a sole practitioner. He had
hired 2 associates, being Mr. George Johnson and Mr. Christopher Martin. He told me that Mr. Johnson
had been practicing longer than he had. So, he never Reviewed any office procedures with him.

In Reference to the Office procedures there’s add Mr. Dudley himself. She indicated about he used a box
with file cards as a reminder system and kept this box with the cards, which he reviewed about once per
month. He cannot specifically recall your card but has agreed to look for your card and produce a copy of
it. If a copy can be found. He would use this card to record information about the date that an accident
happened, the deadline for filing any documents and other relevant information. He would not necessarily
or usually record any other information and would not recall when he may have looked at that card after
the case had started. She also said that Mr. Martin was essentially responsible for your case after the
examinations for discovery.

Issue is important because the Law Society requires lawyers to maintain some form of reminder or tickler
system so that files are not forgotten about Mr. Dudley did not review his office procedures with Mr.
Martin. And left him to work on his own, without any supervision by Mr. Dudley. I then asked Mr. Best if
the Law Society is taking the position that I ought to be suing Mr. Martin as well, based on the comments
by Mr. Dudley. Mr. Best replied that he had no instructions from the Law Society to take this position and
there was not going to be any issue about whether Mr. Martin was somehow. Liable instead of Mr.
Dudley.

I then asked Mr. Dudley whether he ever discussed your case in any way with you as to whether you had
a good or bad case. He said that he told you that you had been under surveillance by the insurance
company which indicated that you had been working when you were not supposed to be. He also told Mr.
Templeton that he had a recurring injury due to previous back injuries from past jobs for which Mr.
Templeton had received workers compensation. He also stated that Mr. Templeton had been in prison for
seven years for trafficking in heroine and you would therefore have problems proving any wage loss.

Mr. Dudley also said that the order dismissing your action did not come to his attention until his assistant
phoned the assistant for the defendant’s lawyer to arrange discoveries. He was back on the file at that time
due to a phone call from Mr. Templeton asking what was happening on the case. I then asked him why it
took him so long after J wrote him to send a file to me. He said that he was having staff problems and that
his photo copier was not working. I then reviewed the statement of claim and statement of defence in this
action and asked Mr. Dudley whether he had any proof that you fired him in February. He did not send a
bill to you and did not send a letter to you, confirming this. He may have kept a note and he is to look for
 LAA100 - Transcription Files

this paragraph. They have no further evidence as to any delay. You are responsible-for in attempting to fix
his mistake. They also have no evidence about Delay beyond what has been heard so far, meaning they
really have no evidence paragraph. The above is a basic summary of the evidence of Mr. Dudley. He’s
different what he has said already in previous parts of the old case, but there is really nothing to suggest
that he is not liable to you for his state's. Mr. Best indicated that this case could settle, but we cannot do so
until I see their defence medical, and we still may have to go to the pretrial stage to get any real
possibility of settlement.

Listening and writing recording 2.14:

Mr. Roger best of best and Bungle Re Templeton versus Dudley. Please find enclosed the pretrial
conference memorandum of the Plaintiffs served upon you pursuant to the Rules of Civil Procedure.

Listening and writing recording 2.15:

Memo to Robert B Redford from David Iliad Re Templeton versus Dudley. I have reviewed this file as
you requested. You and I have already discussed that paragraph considering the general damage claim of
Mr. Templeton. I note his pre-existing back injury, his overall lack of credibility is a witness. And the
relatively minor nature of the accident, there is also a lot of similarity between the medical reports of Dr.
Landers, our doctor. And doctor Kildare. Who did the defence medical? I would assess his generals in the
18,000 to $20,000 range if he was a better witness, they might be as high as $30,000. You should ask for
that amount in your negotiations. With regard to his wage claim, I quite frankly don’t see any provable
loss at all, but you should try to get something for the time he missed right after the accident. I note that
the defendants have some surveillance. But you don’t seem to have any particulars. Turning to Mrs.
Templeton it would appear from the file that she is a worse witness than her husband. She has number of
unrelated post accident complaints that she, according to what she told a Dr. Kildare, is trying to no
attribute to the accident. This does not help her credibility. I would assess her damages on the same basis
as her husband. In So Far, as her wage last goes, you should proceed as you are, but it too is soft. Our tax
returns don’t show a loss in her ladies’ accessories business. And the evidence about the reason for any
loss with respect to the vacuum cleaner business is simply not believable.

On paper, the wage loss looks good about. I don’t think it will withstand cross examination. Overall, this
case would be much stronger if the plaintiffs were better witnesses. You have to make do with what you
have. Take a hard line at the pre-trial and see if it gets you any further ahead.