Our Story

14 Lucy Hundley (the Plaintiff)In chief by Mr. McKendrick

22 A Well, I — I heard little rumblings that maybe

23 that the Garniers weren’t happy. And then when I

24 got this copy of this letter that Mr. Garnier — I

25 suppose it was him that mailed it to me — the

26 letter that went to Wally Oppal, well, then I knew

27 for sure they weren’t happy, but I didn’t really

28 know what they were unhappy about.

80 Lucy Hundley (the Plaintiff) (Recalled)Cross-exam by Mr. Davison

2 Q So, in fact, now you — you know it wasn’t a

3 handwritten letter from Mr. Garnier, correct? You

4 thought at one point it was and now you know that

5 it wasn’t?

6 A Mm’hmm.

7 Q You see that that was not — the letter of April

8 21st was not the letter that started your

9 knowledge about the Garniers being unhappy. You

10 see that as well, correct? ‘Cause by April 11th

11 you knew that they were going to step out of the

12 contract or wanted to?

13 A You know, it’s a long time ago.

23 Q But we can now see that before that letter you

24 knew that the Garniers wanted to get out of the

25 contract?

26 A It’s possible.

[BCSC at para 79] Judge Greyell altered Mr.Garnier’s testimony.

FACTS: Mr. Garnier did recall signing the Exclusive Listing Contract.

222 Francis Garnier (a Defendant)Cross-exam by Mr. Blanchard

1 A 175 —

2 Q — 176.

3 A Oh, I’m sorry. 175. Okay. Yeah. [Pause]

4 Q You’d agree with that? This was the listing

5 contract that you and your wife signed on

6 February 8th, 2007?

7 A Um-hum. That’s right.

[BCSC at para 81] Judge Greyell altered Mr.Garnier’s testimony. Throughout his decision judge Greyell covered up the existence of the EXCLUSIVE LISTING CONTRACT.

FACTS: Mr.Garnier testified he had not signed a dual agency agreement when the Purchase Contract was signed.

31 Q Had you signed a dual agency agreement at that

32 point?

33 A Not yet, no.

34 Q Had there been any discussions with Mr. Hunter

35 about a dual agency at this point that you recall?

36 A No, we didn’t.

37 THE COURT: I’m sorry, sir?