5 her if that’s what it says. It says it there. We
6 can all see it.
7 MR. DAVISON: Okay.
8 251 Q Did you understand this at the time you signed it,
9 did you read this part? When you signed it at the
10 bottom of this page?
11 A I went through the contract.
12 252 Q Okay. Do you understand that a personal cheque is
13 different from a certified cheque, bank draft, cash
14 or lawyer’s notary trust cheque?
15 A Yes.
22 255 Q So if there’s no deposit, then there’s really no
23 recourse for the seller other than to sue the
24 purchaser; correct?
25 A I don’t know that.
Judge Greyell altered and distorted the testimonies of the witnesses to support to his decision.
Judge Greyell altered and distorted Mr.Pahud and Mr.Tidder testimonies[BCSC at para 120.]
1) Mr.Pahud testified he could not remember if Mr.Garniers did or did not ask him about the deposits.
273 George Pahud (for Third Parties)Cross-exam by Mr. Davison
46 Q So, the fact that he may have been calling about
47 it, to you that probably didn’t make sense;
1 there’s no reason to be concerned about it?
2 A Well, I don’t remember whether he asked me about
3 it or not. So, I can’t say that he did or he
4 didn’t. I can’t remember.
272 George Pahud (for Third Parties)Cross-exam by Mr. Davison
32 Q And just so we’re clear, you never called
33 Mr. Garnier back other than to tell him somebody
34 would get a hold of him the week after?
35 A Well, I called him back at least once to say I
36 will get back to you on Monday.
37 Q And you never did?
38 A No, I didn’t.
270 George Pahud (for Third Parties) Cross-exam by Mr. Davison
42 Q But you didn’t go check the file?
43 A Well, I don’t remember when I did get the file. I
44 may have gotten it that day, I may not, I don’t
45 know; I don’t remember.
2) Mr. Tidder testified he did not have a recollection of the conversation with Mr.Garnier.