Mr.Hunter testimony on the FAX from Mr.Coombe regarding the rent back
564 Raymond Hunter (a Third Party)In chief by Mr. Blanchard
22 Q This is a letter addressed to yourself from the
23 law firm of Webster Hudson Akerly, Mr. Allan
24 Coombe. From the letter it looks like you
25 received this letter?
26 A Yes. Received this fax on April the 17th, and it
27 was later in the afternoon. I showed it to my
28 manager Mr. Tidder and I advised him that I was
29 going to be passing it on to Marny Morin,
30 Mrs. Hundley’s notary. At that particular point
31 he advised me that he had had a call from
32 Mr. Garnier the previous day and with the
33 instructions that he had asked that I not, you
34 know, come by the house anymore.
35 Q Who had asked that you not come by the —
36 A Mr. Garnier had asked that I not come back to
37 their house anymore.
38 Q Did you contact Ms. Morin?
39 A Yes. The following day — As I said, that was
40 late in the afternoon, so early the next morning,
41 I contacted Marny Morin and faxed a copy of
42 Mr. Coombe’s fax to me to her.
[BCSC at para 125] Judge Greyell altered Mrs.Garnier’s testimony. He adpoted an incomplete answer from his selected counsel’s submission.
FACTS: The Garniers had no knowledge of the property in West Vancouver when they cancelled the contract with Hundley on April 9, 2007. This property came to their attention towards the end of April, 2007, after being advised they would have to convey the property to Ms.Hundley if she produced evidence that the Deposits were paid according to her OFFER(Purchase Contract).
385 Susan Garnier (a Defendant)Cross-exam by Mr. McKendric
39 Q Can I ask you to turn to page 47 of that
40 transcript. And question 258. See, I asked you
41 the question there:
43 Q You had no intention of closing anyway?
45 And your answer was:
47 A Because we lost the deal in West
1 Vancouver, we had no intention of
4 A Yeah, based on the deposits we didn’t receive,
6 Q Okay. You were asked that question and you gave
7 that answer, yes?
8 A Yes.
9 Q And then I asked you the question:
11 Q Because you lost your deal on the West
12 Vancouver home, you had no intention of
13 closing with Mrs. Hundley?
15 You said:
17 A Based on the deposits we didn’t receive,
[BCSC at para 127] Judge Greyell distorted the evidence as Mrs.Garnier has never spoken to Mr.Coombe.