Hundley v.Garnier 2011 BCSC Real Estate Fraud, Perjury, False Pretense, fraudulent concealment of evidence by real estate agent Raymond Hunter(Prudential United Realty) and his business associate Lucy Hundley. Judicial selection, breach of trust and altering/misrepresentation of the evidence by an unethical BC Supreme court judge, Bruce Greyell.
The material and court documented evidence in the Hundley v. Garnier case is of great importance to the general public as most people sign Contracts at some point in their personal and business lives.
Everyone relies on the protection under the terms of their Contract BUT when unethical judges like, Bruce Greyell ignore the Rule of law to voids contracts by altering, misrepresenting and covering up the evidence before the court to support their friends and business associates then what protection do legally binding Contracts offer.
A Contract once signed then altered without the knowledge of the parties to the Contract should be a criminal offence, but Judge Bruce Greyell of the British Columbia Supreme Court supported these action of the Real Estate Agent. Judge Bruce Greyell covered up the court documented evidence that proved Raymond Hunter(Real Estate Agent) had secretly constructed different multiple original Purchased Contracts of this single transaction to deceive the parties to the Contract. Raymond Hunter testified that he failed to disclose this to to the Garniers and his boss(Stephen Tidder) of Prudential United Realty also dba as Macdonald Realty.
In the Hundley v. Garnier case under paragraph 219 of Judge Bruce Greyell’s decision Bruce Greyell wrote that he did not care when the Agency Agreement was signed. He believed the Real estate agent (Raymond Hunter’s) testimony over the term of the Exclusive Listing Contract. Judge Bruce Greyell covered up the term of the Exclusive Listing Contract in his decision.
The Agency Agreement(Exclusive Listing Contract) is a legal binding Contract signed by Raymond Hunter on behalf of Prudential United Realty. The Garniers entered into this Exclusive Listing Agreement in good faith.
Surprised by judge Bruce Greyell’s corrupt decision, with the help of media friends and family in Canada and abroad, the Garniers sent judge Bruce Greyell’s decisions, copies of the material and court documented evidence to be reviewed and to find out why a judge would be so motivated to alter the evidence before the court.
It was found out that;
Lucy Hundley’s lawyers; Todd McKendrick, Quang Duong, David Georetti all work for the same law firm “Mackenzie Fujisawa LLP (previously Braidwood MacKenzie Fujisawa Brewer & Greyell LLP.) where Bruce Greyell was a Partner for over 23 years)
Judge Bruce Greyell was also operating his private law firm “Roper Greyell LLP., the entire time while he was paid by taxpayers to devote himself exclusively to the duties of the judicial office and not engage in any occupation or business.
Judge Greyell was promoting himself as a Labour Lawyer for his private law firm “Roper Greyell LLP.,” with his picture and direct phone number listed on his company directory . Mr.Garnier called this number from an oil/gas company cell phone and Bruce Greyell answered it, He immediately recognized judge Greyell’s voice and told him he had the wrong number, after a couple of minutes judge Greyell called him back.
After the Garniers written complaint to the Canadian Judicial Council, Judge Bruce Greyell’s name, picture and contact number was removed from his private law firm “Roper Greyell LLP’s”.
The Garniers complaint to the CJC made judge Bruce Greyell very angry as he later punished them by passing another corrupt judgement against them by rewarding his Ex law firm “MacKenzie Fujisawa LLP. Gregory Blanchard, friends at Whitelaw Twinning Law corporation with special Cost and double Costs.
It was also recently found out that:
Judge Edward Chiasson, the BC Court of Appeal judge who wrote the appeal decision supporting judge Bruce Greyell, is a friend and business associate of judge Bruce Greyell.
Judge Edward Chiasson was a Director and member of the Founder’s Circle of the Bowen Island Community Foundation which was founded and Chaired by Bruce Greyell. Edward Chiasson and Greyell’s spouses were members of the Founder’s circle in the Bowen Island Community Foundation.
We need to rally and put pressure of our politicians and governments to weed out judicial corruption and enforce our rights to a fair and impartial judicial tribunal.
Just like other Canadians the Garniers found out the hard way that there is judicial selection in the BC Supreme and Appeal courts to make sure a selected party wins.
Judge Bruce Greyell was not the scheduled Trial judge in the Hundley v. Garnier case.
* Lawyers for the realtor, Raymond Hunter/Prudential United Realty and his business associate and friend Lucy Hundley had lost all their Applications before other BC Supreme Court Judges.
* Then on the weekend before the start of Trial it was discovered that Raymond Hunter(Prudential United Realty) had secretly constructed different multiple original Purchase Contracts on the same transaction without the knowledge of his brokerage, Lucy Hundley and the Garniers.
* Then on the day of trial without any notice or warning the scheduled trial judge who had reviewed most of the evidence ahead of trial was suddenly removed from the Hundley v. Garnier case and judge Bruce Greyell was selected by Gregory Blanchard – lawyer for the realtor (Raymond Hunter/Prudential United Realty) to take over the case.
Judge Greyell covered up the Exclusive Listing Contract(Agency Relationship Agreement) because it was evidence that the realtor(Raymond Hunter) committed real estate fraud.
Judge Bruce Greyell also covered up the evidence before the court that Raymond Hunter secretly constructed different multiple original Purchase and Sales Contracts and failed to disclose them until his secret was exposed during Trial.
Judge Bruce Greyell also altered, misrepresented the evidence of the witnesses(transcripts attached).
To prove that written decisions by judges like judge Bruce Greyell, Edward Chiasson should not be relied on, we have posted Transcripts, Contracts & Material evidence in this site. Acquiring copies of the legal transcripts (Discoveries and Trial) are costly and difficult but this step is important to protect our rights and fight for equal and fair justice.
Like most Canadians the Garniers are hard working, tax paying and law abiding citizens who relied on the advise of their realtor Raymond Hunter/Prudential United Realty and the terms of their Exclusive Listing Contract(attached) and their Purchase Contract(one of multiple undisclosed original Purchase Contracts secretly constructed by Raymond Hunter.
What happened to the Garniers most likely happened to others and will continue to balloon and spiral out of control. We owe it to our younger and future generations to unite and finds ways to stop corruption. We hope that by sharing the Garniers’ experience about the real estate fraud, legal and judicial corruption others will come forward and share theirs. Together we can all help expose and weed out corruption to make our society a better place.
Judge Bruce Greyell was selected by Gregory Blanchard (lawyer for Raymond Hunter/Prudential United Realty dba Kerrisdale Realty) on the day of trial to make sure the outcome would be in his clients favour.
MacKenzie Fujisawa LLP., was retained by the Garniers to advise and defend them against Lucy Hundley. MacKenzie Fujisawa LLP., advised the Garniers, prepared and filed their Statement of Defence. When the Garnier could no longer afford MacKenzie Fujisawa LLP., high legal fees, upon discussions with William Ferguson they continued on their own as self represented litigants(which was a nightmare). The Garniers then signed up for a Prepaid/ Legal Shield membership and through their local member law firm “Watson Goepel Meadely LLP., “ they retained Dean Davison.
The Garniers were surprised when MacKenzie Fujisawa LLP., switched sides and started representing Lucy Hundley with her same lawsuit against the Garniers.
Todd MacKendrick was also the lead counsel for the Real Estate Council of British Columbia and defended other rogue realtors against lawsuits by thier clients. References: 0779710 B.C. Ltd. v. HS Holdings Ltd., HS Holdings Ltd. and Kerrisdale Realty Limited carrying on business as Prudential United Realty- Counsel Todd McKendrick.
Real Estate is big business in Vancouver and the unscrupulous greedy Realtors will do anything to scam and defraud unsuspecting homeowners and buyers. There is no compassion, integrity and honestly in people who seek out the venerable to defraud them of their property, its just greed and when our courts condone these actions the vicious cycle never stops.
Not all realtors are unscrupulous like Raymond Hunter(Prudential United Realty) but these bad ones give the entire profession a rotten reputation. Likewise the unethical dishonest judges, like Bruce Greyell, Edward Chiasson gives the whole institution a rotten reputation.
Canadians have made many judicial complaints which compelled the Canadian government to look into making changes to the the judicial system.
Raymond Hunter (real estate agent for Prudential United Realty) entered the Garniers property pretending to be a realtor in their area canvasing for property listings.
Raymond Hunter was a cunning and crafty salesman. The Garnier had no idea that Raymond Hunter was in their home with the intentions to defraud them of their property.
Evidence before the court showed Raymond Hunter (Prudential United Realty) retrieved the Garniers personal and property information from the MLS Expired Listing Database which is only available to Realtors. Mr.Hunter then planned his approach with Lucy Hundley.
The Realtor, Mr.Hunter testified that he retrieved the Garniers personal and property information from the MLS expired listing database and discussed the property with Lucy Hundley much before approaching the Garniers to give him a Listing Contract.
Mr.Hunter acquired an EXCLUSIVE LISTING CONTRACT from the Garniers under False Pretense by giving them false advise and promises. He made changes to the EXCLUSIVE LISTING CONTRACT after it was signed and failed to get his changes initialed. Mr.Hunter testified that it was not necessary to get the Garniers to sign or initial his changes as it was easy to make the changes(transcripts attached).
The legally binding Exclusive Listing Contract stated that the Realtor(Mr.Hunter) would act only as the agent for the seller(Garniers) with respect to their property(Exclusive Listing Contract attached).
The evidence before the Courts proved that: the Realtor(Raymond Hunter- Prudential United Realty) was secretly working with Lucy Hundley to acquire the Garniers property and manipulated the entire transaction from his home. He had direct contact with Lucy Hundley’s notary public(Many Morin) and loans officer at HSBC(Raj Prasad). Raymond Hunter prepared false extremely high appraisals on Lucy Hudley’s jointly owned properties, some of which were over $300,000 to $400,000 more than the BC Assessment Authority appraisal. Raymond Hunter testified he did this to assist Lucy Hundley get financing for the purchase and development of the Garniers property(transcripts attached).
Evidence before the court showed that Lucy Hundley was going to incorporate before taking possession of the Garniers property.
Even though Lucy Hundley has 5 adult children about the same age and older than Mrs.Garnier, none of her children were involved with the deal.
Raymond Hunter testified that it was only him and Lucy Hundley who would look for property deals. Mr.Hunter testified that he did not have a Buyer’s Agency Agreement with Lucy Hundley because he had know her for a long time and knew she would compensate him accordingly(transcripts attached).
Raymond Hunter did not have a Dual Agency Agreement with the Garniers and Lucy Hundley when he acquired the Exclusive Listing Agreement(Agency Agreement) from the Garniers. Raymond Hunter testified that he did not need to get a Limited Dual Agency Agreement signed by the Garniers or Lucy Hundley
Mr.Hunter’s boss, Stephen Tidder (Managing broker for Prudential United Realty) testified that Mr.Hunter was not the agent for Lucy Hundley and that he had a written obligation with the Garniers having signed an Exclusive Listing Agreement with them.
Lucy Hundley testified she did not make an offer to purchase the Garniers property and that it was Raymond Hunter who brought her an offer(transcripts attached). Ms.Hundley also falsely testified that there was no counter offer. Lucy Hundley did not remember much about what had occurred with the transaction. Lucy Hundley fraudulently concealed evidence to protect her friend and associate, Raymond Hunter.
Many times at trial Lucy Hundley testified she only signed one original Purchase Contract but after hearing evidence that Raymond Hunter had secretly constructed different multiple original Purchase Contracts, towards the middle of trial Ms.Hundley supposedly gave another original Purchase Contract to Mr.Hunter which Gregory Blanchard presented to judge Bruce Greyell.
Raymond Hunter fraudulently constructed different multiple original Purchase Contracts and failed to disclose them to the Garniers and even his brokerage( Prudential United Realty dba as Kerrisdale Realty).
As judge Bruce Greyell could not do what he was selected to do based on the evidence before the court, he altered, misrepresented and covered up the evidence before the court to lend support to his corrupt decisons.
Judge Bruce Greyell does not value the importance of legally binding Contracts.
The following are the ingredients we believe caused the scheduled trial judge to be removed from the Hundley v. Garnier case on the day of trial and judge Bruce Greyell pushed in;
Prior to Trial all of Todd McKendrick, Quang Duong and Gregory Blanchard‘s applications against the Garniers were rejected by other BC Supreme Court Judges.
Gregory Blanchard, Todd McKendrick and Quang Duong were unhappy with the decisions by the other British Columbia Supreme Court Judges. Opposing Counsel knew they did not have any material or documented evidence against the Garniers.
The Exclusive Listing Contract was important evidence which proved that the Garniers real estate agent Raymond Hunter (Prudential United Realty) committed Real Estate Fraud.
Todd McKendrick’s Rule 18A Summary Application was rejected by Madam Justice Kerr of the BC Supreme Court, who also felt there was more going on between Raymond Hunter and Lucy Hundley. Madam Justice Kerr ordered a full trial and ordered Todd McKendrick to produce evidence of the deposits, Todd McKendrick ignored her order.
A few weeks before trial the BC Supreme Court Chambers Judge rejected Gregory Blanchard and Todd McKendrick’s application to have the Garniers 2007 Property Appraisal evidence omitted from the trial proceedings. The Chambers Judge stated it was an important evidence and cannot be ruled out, she ordered Mr.Blanchard to produce the original Purchase Contract, Mr.Blanchard ignored her order.
Then on the long weekend before the start of trial it was discovered that the Garniers Purchase Contract was not the same as Raymond Hunter and Lucy Hundley’s Purchase Contract.
The discovery of Raymond Hunter’s different multiple original Purchase Contracts added to opposing counsels worries, and that is why Judge Bruce Greyell was selected by Gregory Blanchard to make sure the outcome would be in his, Mr.K.Duong and Todd McKendrick’s favour.
As soon as judge Bruce Greyell took over, all the Evidence, Rule of Law, Human Rights did not help the Garniers as they were suddenly swallowed up by a corruption bubble within the judicial and legal system.
Judge Greyell omitted the Garniers 2007 Property Appraisal Evidence which the Chambers Judge refused to rule out.
Judge Bruce Greyell maliciously voided and covered up the existence of the EXCLUSIVE LISTING CONTRACT between Raymond Hunter /Prudential United Realty and the Garniers because it proved that Raymond Hunter committed real estate fraud and breached the terms of this Contract.
We have posted some of the material and transcriptional evidence which prove that judge Bruce Greyell committed serious crimes by altering, misrepresenting, fraudulently concealing and twisting the evidence that was before the B C Supreme Court.
If oridinary citizens committed a fraction of these crimes they would be hunted down and put into jail.
Gregory Blanchard(Whitelaw Twinning Law Corporation) was the lawyer for the realtor, Raymond Hunter/Prudential United Realty.
Most likely The Error and Omission Insurance was not aware about the fraudulent, criminal actions of the real estate agent, Raymond Hunter, otherwise according the E&O any fraudulent or illegal actions would not be covered.
Gregory Blanchard wrote a Real Estate article on May 2011, under LEGAL UPDATE, he failed to mention in his snippet that Judge Bruce Greyell was selected by him on the day of Trial because both his and Todd McKendrick, Quang Duong applications were rejected by other BC Supreme Court judges.
Blanchard failed to mention that; from the three choices of Agency Relationships listed on the photocopy of a Working with a Realtor Brochure provided by Raymond Hunter, the Garniers selected to have an Agency Relationship Agreement with Mr.Hunter and Prudential United Realty on February 8, 2007 and signed the Exclusive Listing Agreement provided to them by Mr.Hunter the same day.
Gregory Blanchard failed to mention that his clients had an Agency Relationship Agreement(Exclusive Listing Contract) with the Garniers to only work for them and that the Exclusive Listing Contract clearly shows that Raymond Hunter was not a dual agent.
Gregory Blanchard failed to mention that his client had secretly constructed different multiple original Purchase Contracts and failed to disclose them until his secret was discovered during trial. Blanchard failed to mention that his client altered the Listing Contract, PDS, and his fraudulently concealed original Purchase Contracts.
Judge Bruce Greyell, judge Edward Chiasson should take ethical lessons from Registrar Cameron of the BC Supreme Court. At one MacKenzie Fujisawa LLP and Mr.Blanchard,Whitelaw and Twinning Law Corporation application hearing Registrar Cameron informed the court that he was removing himself from the case due to a conflict of interest having worked with Gregory Blanchard for a short time in the past. Mr.Blanchard knew Registrar Cameron would be hearing the application prior to the day but Registrar Cameron was on to him.
Judge Bruce Greyell, his colleagues from his ex law firm “MacKenzie Fujisawa LLP., and Mr.Blanchard, Whitelaw and Twinning Law Corporation knew the Garniers had the evidence to prove their case and that is why they used some kind of SLAAP method to intimidate the Garniers and drain their entire retirement savings and destroy their lives.
Real estate agent, Raymond Hunter never disclosed to the Garniers and his managing Broker(Stephen Tidder) that he was working with Lucy Hundley to acquire a Listing Contract from the Garnier. The Exclusive Listing Contract is evidence that Mr. Hunter did not advise the Garniers he had a buyer or was working as a dual agent.
649 Raymond Hunter (a Third Party) Cross-exam by Mr.Davison
29 Q Okay. Now, Mr.Hunter, if I could have you turn
30 to page 175 of Exhibit number 2.
31 Do you see that document?
32 A Yes.
33 Q That is a three-page document titled Exclusive
34 Listing Contract?
35 A That’s correct.
36 Q Okay. And you drafted that document?
37 A Yes, I did.
38 Q Okay. And when you attended the Garniers on
39 February 8th, that’s one of the documents you
40 brought with you?
41 A Yes, it is.
Raymond Hunter- Examination for Discovery transcripts.
17 491 Q Okay. And this document, exclusive listing contract,
18 which is under tab 9, that was prefilled out by your
20 A No.
21 492 Q Who filled out the names?
22 A That would have been done by me.
23 493 Q That was done at your office at home?
24 A No, I did that.
25 494 Q But sorry, where did you do it?
1 A At my home office.
Raymond Hunter’s Examination for Discovery transcripts Pg.82
10 469 Q Mr. Hunter, under tab 9 — or document 9, sorry, of
11 third party documents, you see that that’s a
12 three-page document titled “Exclusive Listing
13 Contract.” Do you see that?
14 A Yeah.
15 470 Q Is this the contract that you had the Garniers sign?
16 A Yes.
17 471 Q And you say that was on — in your first meeting with
18 the Garniers at their home on February 8th?
19 A That’s correct.
20 472 Q And why did you not give the Garniers a dual listing
21 agreement at this point?
22 MR. BLANCHARD: Don’t answer that.
Mr.Hunter’s Trial transcripts Vol.4
651 Raymond Hunter (a Third Party) Cross-exam by Mr.Davison
14 Q Now, at this point — and sorry, when in the
15 afternoon or evening did you get the Garniers to
16 sign this document? Was it a late — Beginning of
17 the meeting? End of the meeting?
18 A It was towards the back end of the meeting after
19 we discussed everything basically that we had
20 to discuss. In other words, everything is geared
21 towards the conclusion of, you know, the signing
22 of the — the listing agreement.
23 Q Now, it says in section 6 of this agreement on
24 page 1:
26 The listing broker —
28 That would be you, correct?
29 A That’s correct.
31 — agrees as follows: (a) to act only as
32 the agent for the seller with respect to the
33 property except where the seller consents to
34 a limited dual agency agreement.
36 And it says see 9 below.
37 A Correct.
38 Q At the point that the Garniers signed this
39 document, they hadn’t consented to a limited dual
40 agency agreement, had they?
41 A They hadn’t consented.
The following are the Trial transcripts of Stephen Tidder, managing broker for Prudential United Realty.
744 Stephen Tidder (for Third Parties)Cross-exam by Mr. Davison
1 Q Now, if the — at that point, is it your
2 understanding that he’s not an agent for both
4 A Yeah, I don’t — well, short of any written
5 documentation from Hund — with Hundley, I would
6 suggest that he’s an agent for Garnier, because he
7 has a written commitment with them.
8 Q So save a written commitment, then, you — you
9 believe that your agents don’t — or your real
10 estate agents aren’t agents for parties? If
11 there’s written, they’re not agents?
12 A Yes. Well, — Or typically, yes.
13 Q Well, what do you mean “typically”?
14 A Well, if they don’t have a — some sort of a
15 buyer’s agency contract or something like that
16 with the buyer, then I would say that they’re not
17 an agent —
18 Q No matter what they do?
19 A — for — for them.
Raymond Hunter Examination for Discovery Transcripts – April 13, 2010 page 83 Lines 18 – 19.
18 THE WITNESS: Mrs. Hundley, I did not have a contract for a buyer’s
19 agency contract with her,
Mr.Hunter’s trial transcripts Vol.4
607 Raymond Hunter (a Third Party) Cross-exam by Mr. Davison
46 Q — you didn’t have a — you didn’t have a contract with Ms.
47 Hundley when you approached the Garniers
608 Raymond Hunter (a Third Party) Cross-exam by Mr. Davison
2 A That’s correct.
Judge Bruce Greyell fabricated evidence and adopted his selected counsels unsupported false accusations to make it look like; the Garniers were experienced in real estate, had high profile jobs; like a Controller, were in the real estate business. He made up false stories about Mrs. Garnier because she was more articulated in English and judge Bruce Greyell had to make up fabrications to support his corrupt decision. Throughout his decision Judge Bruce Greyell twisted, misrepresented and covered up the evidence, he stated his spin of the testimonies in one paragraph and then altered it in another paragraph, i.e. in paragraph 51 and 54,62 and 63,.. Judge Bruce Greyell also altered and misrepresented the testimonies of the witnessess.
FACTS: The Garniers are not sophisticated in real estate transactions. Mrs. Garnier has never bought or sold any real estate, she has no real estate experience. Mr. Garnier due to his lower english language skills(french being his mother tongue) always relied on the assistance and advise of a professional real estate agent when he bought or sold his personal residence. This real estate fraud and judicial corruption ruined Mr. Garnier’s health and his ability to take care of his family. Mr. Garnier worked very hard to take care of his family, he looks after the family affairs. At Trial Gregory Blanchard took unfair advantage of Mr.Garnier’s english language skills.
At Trial Mr. Blanchard asked Mr.Garnier to turn to a certain page in the Book of documents but asked him questions from a different page, Mr.Davison had to go up to the witness box to assist Mr.Garnier.
Judge Bruce Greyell witnessed this in his Courtroom, saw the difficulty Mr.Garnier was havings but did not offer to get a french interpreter.
At Trial when Mr.Garnier was having problems trying to follow Gregory Blanchard’s deliberately confusing questions he asked judge Greyell and Mr.Blanchard if they understood french both replied they did not.
This is Canada where English and French are the national languages. Federally appointed judges should be bilingual.
Judge Bruce Greyell made up fabrications in his decisions. He falsely wrote that Mrs.Garnier was experienced in real estate transactions, Mrs. Garnier has never bought or sold any real estate.
Trial Transcripts – 310 Susan Garnier (a defendant) In chief by Mr. Davison
3 Q Okay. So you were involved with the purchase of
4 this property?
5 A No, Francis was.
384 Susan Garnier (a Defendant) Cross-exam by Mr. McKendrick
1 Q Had you been involved in a real estate purchase
3 A No.
238 Francis Garnier (a Defendant)Cross-exam by Mr. Blanchard
42 Q our evidence is that —
43 A You go back on the contract, you know. Okay? You
44 keep on turn around and twisting the words in my
45 mouth because my English is not as pure as yours.
46 Okay? I cannot answer clearly. I am also a hard
47 worker. I work in the oil field. I — I’m —
1 Like yesterday — Like just a few hours ago, you
2 twisted your words into my mouth saying that my
3 wife and I we went and signed two contract. There
4 was no two contract. It was the same contract.
5 We didn’t sign two contract. Okay?
12 Q I’m going to repeat —
13 A A contract is a —
14 Q — my question —
15 A — contract.
242 Francis Garnier (a Defendant)Cross-exam by Mr. Blanchard
46 Q Okay. Can you turn the page to Question 501.
47 Page 73, Question 501.
243 Francis Garnier (a Defendant)Cross-exam by Mr. Blanchard
1 A 73 ...
2 Q The bottom of the page.
3 Oh, I’m sorry, you’re looking at a condensed
14 A I asked to see the deposit.
16 Q You asked to see the deposit?
18 A Yes. When the deposits were made.
19 If we have the deposits.
26 Q You wanted to know if Mrs. Hundley –”
28 A Just hold on. I’m lost here.
29 MR. DAVISON: Sorry, —
30 A Can you —
31 MR. DAVISON: — where are we?
32 MR. BLANCHARD:
33 Q Okay. I’m — I went to the next page, —
34 A Oh.
35 Q — page
74. I will start with Question 502.
36 MR. DAVISON: Right here.
37 A Okay. Thank you.
233 Francis Garnier (a Defendant)Cross-exam by Mr. Blanchard
44 Now, can I ask you something, please? I would
45 like to know, can I use my own paper? My own
46 contract? The one he gave it to me? It’s
47 different from the one that you have here.
1 THE COURT: Well, I’m not — I’m not here to give you
2 advice. If there’s another paper you want to
3 refer to, I suggest you ask the counsel who’s
4 cross-examining you whether you can refer to
5 another piece of paper or not.
6 MR. BLANCHARD: I’ve — I’ve moved on from the
7 contract. Now the rest of my questions are not 8 going to deal with —
9 THE COURT: Very well.
10 MR. BLANCHARD: — the contract, My Lord.
13 THE COURT: Yes.
14 A But I —
15 THE COURT: Thank you.
16 A — got some objection regarding about the
17 contract, Your Honour.
18 THE COURT: Would you please proceed.
19 MR. BLANCHARD: Thank you.
148 Francis Garnier (a Defendant)In chief by Mr. Davison
1 not done legally. It was kind … [indiscernible
2 — accent]… because Mr. Hunter come to our house
3 pretending to be a real estate broker when, in
4 fact, he was sent by Mrs. Hundley to our house.
5 THE COURT: Sir, it’s — it’s up to counsel to argue
6 the case.
7 A Is it? All right.
8 THE COURT: Yes
We have posted the material and transcriptional evidence which has been organized in chronological order for everyone to follow and compare with the corrupt decision of judge Bruce Greyell partner of the law firm “Roper Greyell LLP, Ex Partner of MacKenzie Fujisawa LLP., friend of Gregory Blanchard and ex business associate and family friend of Judge Edward Chiasson.
Under para 219 of the Hundley v. Garnier decision by judge Bruce Greyell wrote that he did not care when the Agency Contract (which is the Exclusive Listing Contract) was signed and that he belived the realtor, Raymond Hunter’s verbal testimony. What protection do legally binding Contracts offer?
Raymond Hunter testified that he had no proof other than his words that he had informed the Garniers he was the agent for Lucy Hundley when he acquired a Listing Contract from the Garniers and that he informed them he was working as a Dual agent, HOWEVER; the terms of the Exclusive Listing Contract(Agency Relationship Agreement) and the testimonies of his boss, Stephen Tidder is material and documented evidence.
Mr. Hunter and Ms. Hundley long term business relationship. From the evidence that was before the court it was discovered that; Mr. Hunter and Ms. Hundley had a long term business relationship for over 20 years, Hunter was directly involved with all of Hundleys real estate transactions since her divorce. Hunter assisted Hundley with finding; financing, investment properties and negotiations with the sale-redevelopment and resale of the point Grey Road project. Mr.Hunter testified he was involved in the development business.
Ms. Hundley’s Trial Transcript Vol.1
7 Lucy Hundley (the Plaintiff) In chief by Mr. McKendrick
25 Q Okay. Now, would you tell the court what dealings
26 you’d had with Mr. Hunter prior to having a look
27 at 334 West 12th?
28 A Well, I’ve known Ray for a long time, over 20
34 Q So how would you describe your relationship with
35 Mr. Hunter?
36 A Very close. Very good. I’m — it was a
37 professional business deal that we did that I had
38 confidence in him.
4 Lucy Hundley (the Plaintiff)In chief by Mr. McKendrick
24 Q All right. And who dealt with the contractors on
25 that project?
26 A Gosh, I forget his name. I did have a contractor.
27 Q And how did you get the contractor?
28 A I got it through Ray Hunter.
45 Q And how did you come to — did — or who helped
46 you with the negotiation of that?
47 A Well, Ray did the negotiation, but I — when —
1 when he told me what the price was I was thinking
2 about it.
Lucy Hundley’s Examination for Discovery transcript Page 15
8 A I’m in my 70s now, so that’s a long period of time.
Raymond Hunter’s Examination for Discovery transcripts
13 253 Q And when you say “names of people” you mean names of
14 people who could help her finance the project?
15 A Mortgage brokers or bank loans officers.
14 273 Q When you say “we” do you mean you, Ms. Hundley and
15 some of her family?
16 A No. Mrs. Hundley makes her own decisions.
17 274 Q But when you went to check out property did you go
18 with just the two of you or more than two of you?
19 A It would have been predominantly just Mrs. Hundley.
20 and myself.
MLS EXPIRED LISTINGS
From the documented evidence before the court it was discovered that Raymond Hunter obtained the Garniers personal and property information from the MLS Expired Listing Database which only realtors can access and planned his approach with Lucy Hundley. A real estate agent cannot call on an expired listings to try to get business from the seller – this is prohibited in Canada under PIPEDA(federal legislation), PIPA(BC legislation) and the Privacy Act. Mr.Hunter also violated the privacy codes.
Now we know why Mr. Hunter provided the Garniers with an Exclusive Listing Contract instead of the usual Multiple Listing Contract because he did not want other MLS agents, the Privacy Commissioner finding out. Mr.Hunter did not want any paper trail, an MLS listing would have certainly done that
Lucy Hundley’s Examination for Discovery Feb. 26, 2009
23 61 Q And how did you come across this property?
24 A Through Ray Hunter.
25 62 Q Can you tell me a bit about that.
1 A I was looking for a property to purchase to develop
2 and — so that I could have one residence that would
3 be solely in my name and — and for my own residence
4 that would be in my own name.
30 Lucy Hundley (the Plaintiff) (Recalled)Cross-exam by Mr. Davison
42 Q So you currently are on title for five properties.
43 That’s correct?
44 A Well, my name is on them, but I don’t —
45 Q Okay.
46 A As I say, I don’t feel they’re mine.
Lucy Hundley’s Examination for Discovery February 26, 2009.
15 96 Q Okay. Okay. Now, what did Mr. Hunter tell you about?
16 the property?
17 A He told me that — originally that there was a
18 listing that had expired, and it was in the 300 block
19 West 12th, and he said, I know we haven’t been
20 looking at anything in the Mount Pleasant area, but
21 would you be interested? And I said, oh, yes, that’s
22 a great area. I would be interested.
23 97 Q Why were you not looking in the Mount Pleasant area
25 A I guess because he hadn’t shown me any listings.
Mr. Hunter’s Examination for discovery transcripts April 13, 2010.
1 315 Q Okay. And that they had let the property come off
2 the market?
3 A I saw it as an expired listing.
4 316 Q Expired listing. So it hadn’t been sold, you knew
6 A Right.
7 MR. BLANCHARD: Had not been.
8 MR. DAVISON:
9 317 Q Had not been sold; right?
10 A Right.
11 318 Q And it was no longer being listed as for sale?
12 A That’s right.
13 319 Q How do you locate expired MLS listings?
14 A Well, they show up on the computer.
15 320 Q Is that something everybody can see or just — do you
16 have to be —
17 A A realtor.
504 Raymond Hunter (a Third Party)Cross-exam by Mr. Davison
16 Q Okay. You say in this conversation you asked him
17 if he was Mr. Garnier. How did you know his name?
18 A Well, it shows up on the expired listing.
19 You know, the owner’s name is shown there.
510 Raymond Hunter (a Third Party)Cross-exam by Mr. Davison
13 Q All right. Go on. You were mentioning that
14 Mrs. Garnier showed you this document?
15 A Yes. And she at that point, I can’t remember
16 whether she brought out her previous year’s
17 assessment or whether I had it, but if I had it,
18 it would be because I had brought it up. These
19 assessments come up on the real estate board
20 computer, and they’re a combination of what the
21 real estate board provides plus the city of
22 Vancouver legal description and taxes. So if we
23 are researching a property for the legals, we
24 bring that up.
Mr. Hunter’s Examination for discovery transcripts April 13, 2010.
21 305 Q And you told Ms. Hundley that you would see if the
22 Garniers, although their property was no longer on
23 the market, if they would be interested in selling
24 the property; correct?
25 A Yes.
1 306 Q So at that point you had not approached the Garniers?
2 A No.
3 307 Q She said she was interested in particularly that one
4 and that’s the reason you approached the Garniers?
5 A Yes.
Mr. Hunter’s Examination for discovery transcripts April 13, 2010.
16 376 Q Okay. So you were at their doorstep for Lucy
18 A If — let’s put it this way. If we had not discussed
19 that property — Mrs. Hundley and I had not discussed
20 that property, I would not be there.
Mr.Hunter’s Trial Transcripts Vol.4
595 Raymond Hunter (a Third Party)Cross-exam by Mr. Davison
20 Q And you told her it was no longer on the market?
21 A Well, yes. We had — That is how we had come to
22 discuss the property in the first place. I had
23 researched expired listings, found this particular
24 one, expired listings being properties that have
25 come off the market that have not sold, and that
26 is how I came to be with Mrs. Hundley in terms of
27 perusing the property from the outside prior to
28 the 8th of February.
WORKING WITH A REALTOR BROCHURE -Signed February 8, 2007.
Mr. Hunter entered the Garniers property pretending to be a real estate agent in they area canvassing for property listings. Mr.Hunter did not disclose to the Garniers he had a buyer or anything about Hundley. Mr.Hunter acquired the EXCLUSIVE LISTING CONTRACT from them under False Pretence.
Mr.Hunter also did not disclosed to Prudential United Realty that he entered the Garniers property as the agent for Ms. Hundley. Unbeknownst to the Garniers Mr. Hunter was secretly working with his business associate, Lucy Hundley to acquire the Garniers property for a low price through a private business deal and not as a licensee or client of Prudential United Realty. Lucy Hundley did not have a Buyer’s Agency Agreement with Prudential United Realty. Ms. Hundley testified she did not sign a limited dual agency agreement with Mr.Hunter.
Mr.Hunter was a very cunning, crafty and convincing salesman. The Garnier had no idea that Mr. Hunter was in their home to scam them, they were unsuspecting victims. Mr.Hunter provided the Garniers with false advise and promises. After convincing the Garniers to list their property with him and Prudential United, Raymond Hunter gave them a print out of the front portion of a Working with a Realtor Brochure.
This brochure explains the three different types of Agency Relationship Agreements. From this REALTOR brochure the Garniers selected to have an Agency Relationship Agreement with Mr.Hunter and Prudential United Realty and then signed the Exclusive Listing Contract provided to them by Mr.Hunter.
Mr.Hunter testified he gave the original Brochure to Ms. Hundley. The Exclusive Listing Contract which is the Agency Relationship Agreement was signed by the Garniers and Mr. Hunter on February 8, 2007. Mr. Hunter never brought, discussed or provided the Garniers with a Limited Dual Agency Agreement or a No Agency Agreement, the evidence is the Exclusive Listing Contract and transcripts.
Stephen Tidder, Mananging Broker for Prudential United Realty – Trial Transcript Vol.4.
738 Stephen Tidder (for Third Parties) Cross-exam by Mr. Davison
14 Q And that brochure outlines the different types of
15 agency agreements?
16 A That’s correct.
17 Q Okay.
18 A — think on the back it has Privacy Act issues, as
39 Q There’s nowhere on that working with a brochure —
40 Working with a REALTOR brochure that specifies a
41 particular agency; it’s an explanation of all the
42 agencies, correct? Or three of them, I believe?
43 A Yeah. You’re not — You’re not making a selection
44 particularly at that time. That discussion is
45 suppose to happen before you then get into
46 whatever kind of a contract that you might be
47 engaging in with the client.
639 Raymond Hunter (a Third Party)Cross-exam by Mr. Davison
40 Q Now, can you explain — you gave this to the
41 Garniers at what point in your meeting on
42 February 8th?
43 A I did not give — Oh, sorry. I’m mistaking this
44 with the dual agency
640 Raymond Hunter (a Third Party)Cross-exam by Mr. Davison
1 Q So you attend their home, they invite you in,
2 obviously, you sit down. And so what’s the first
3 thing you talk about?
4 A Well, basically the first few minutes was just,
5 you know, a generalization.
6 Q Of what?
7 A Well, just, you know, building rapport. You know,
8 how-do-you-dos, type of thing.
643 Raymond Hunter…