2005.
I invested in real estate,  purchasing several building in the downtown core. I divested personal ownership of the properties and transferred the titles to my company called Gi-Las Property Management. My assets were then my personal account with TD Wealth Management and TD Business Account for Gi-Las. Gi-Las has an inventory of 108 residential units in 8 apartment blocks and two commercial buildings.   

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2011-Mar-14

I signed a POA for property and for care on this date brought to me by Gary Katz. I did not ask for a POAs  The document was prepared by Charles M. Rotenberg, and the three assigned attorneys are 

• Gary Katz (my accountant and owner of Logan Katz LLP,)

• Joy Overtveld (my daughter, who is also a lawyer ) 

• Todd Overtveld (my son, who provides me with the technology to monitor & control my properties remotely). 

Only Gary Katz and myself were together when I signed the document. I am not familiar with POA rules, having not signed any POA documents before. I signed the POAs without the presence of witnesses. Witnesses to my signature were added later without my knowledege.

I usually travel abroad. Gary insisted that I should have a POA prior to my travel, which I did. At that time, my business and  investments were all performing well. I trusted Gary Katz who I have known for more than 30 years.  I later found out in 2018, that the POAs that I signed should be voided because: (a) there were no witnesses present to see me sign, which is a mandatory condition of the SDA act '92. (b) I was manipulated to sign the POA.

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Rules on witnessing:

 

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2014-Apr-30

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Today, Charles M. Rotenburg name was in the Ottawa Sun newspaper. He had lost his license after pleading guilty to misuse of trust. Charles drafted the POAs and named Gary and my two children as the beneficiaries.

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2015-Sept to Dec.
Up to now, my business was being managed by Bytown Property Management, who had their office located on 327 Frank St, which is one of my buildings. I was very happy with the operation.  My daughter, Joy convinced me that she would like to give up her current employment as a lawyer and work with me with the same salary. She took some property management courses. I supported the idea and thought it was time to consolidate the business in the family for continuity. I was suffering from sciatic nerve pain. The pain was so intense at times. I collapsed once or twice doing exercise at the YMCA. Joy was adamant that I suffered a serious heart strokes contrary to my medical records. However, without having mobility support care and therapy, my mobility was becoming to be a serious issue.  

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2016-2017 I completely assigned operation of Gi-Las Management to my daughter. I was looking for a much needed retirement plan and have been building social contacts in Cuba. I learned to speak Spanish well there after my several long visits.  

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2017-Jul-21  < Warning Alarm >

 

TD Warning: Marc Lalonde, the VP of my Investment Portfolio sent me an alarming email indicating that several large sums of withdrawals by Gi-Las. When I addressed this matter with my daughter, Joy,  it lead to confrontation.  These several  withdrawals totaled to $1,450,000. My daughter claimed that there were some shortfalls in the Gi-Las operation due to taxes and repairs. I asked her for the rental reports and statements. She ignored my request. I warned her that I will fire her if she does not comply. I did not hide the fact that I started looking for a Property Management company who can take over.
 

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2017-Sept-09 < Ambushed by Leonard Burnstein, Ontario capacity assessor>

Gary Katz, my accountant,  visited me with his colleague, Leonard Burnstein, at my residence to discuss business. After the  meeting, Leonard Burnstein engaged me into a series of question and answer session. I was annoyed as the questions were Not related to my business. I thought that he should know  better, since he was supposed to be an employee of Logan Katz accounting firm, Gary's firm.  I did not know who Leonard really was representing, until one year later. He is a social worker and capacity assessor. He misrepresented himself. My attorneys has promoted his title to "Dr" Burnstein, probably to impress the courts.  Gary Katz was also Chair of the Glebe Centre for long term care. I now wonder if "Dr" Burnstein was his favorite capacity assessment assessor used to assess other elderly in the Glebe Centre. 

It is unconceivable for Leonard Burnstein to formulate a comprehensive and critical report based on the few minutes he spent with me as it refers to private life. It is evident that the report was written by my daughter. after my conflict with her

 

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2017-Oct to 2018-Jul period < Fiduciary Information Blocked >

It was a quiet period as I was nursing myself to relieve the sciatic nerve pain. I kept following with my daughter to provide  monthly reports on the company. She refused to concur. I started looking for a property management company that will replace her.  Meanwhile, she took away all my documents and files of the previous years financial records without my consent. She also changed the password to disallow me to access the online operation. In addition she changed the ongoing  accounting  application.  Therefore, t

rust and communication between us  broke down.  

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2018-Aug-Week 1. < Full Attack > 
The three assigned attorneys started using my 2011 POA aggressively and took total control of my assets. Leonard Burnstein's 2017 report was used to declare me mentally incompetent. Unfortunately my banks complied with their actions. In a flash,  was rendered destitute. Burnstein is a social worker and mental capacity assessor listed with the Capacity Assessment Office of Ontario. He submitted a very unprofessional and damaging opinion to my attorneys-in-fact detailing unfounded allegations. It almost reads as if I am insane and raving mad. The report was extremely damaging based on his introductory professional credential. The contents were all unfounded accusations and I was wondering where he got all the data in one short visit with me a year ago.  My only guess is that the report was written for him by my daughter, Joy. 

My identitication were seized. They were my credit cards, bank access, passport and all official photoid were taken away by my daughter. I felt so betrayed, angry and confused. I am now an undocumented person. I could not get any legal aid services from the province. I started looking for my friends to help me out since I was confined in bed. 

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2018-Aug-20. < Call for Help >
Today, I was able to contact Tito Jurado, a friend that I have known since 1985. Tito and I worked together to support his assignment with the TGV (France High Speed Rail) computer related product inspection and testing in France in late in the 80's. I found him on away on his holidays. He decided to go back to Ottawa to see me, the same night.  

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2018-Aug-23 < Call for Legal Services >
Tito was able to provide me with a solicitor, Alicia Natividad of ASN Law Professional Corporation. She is rated highly by her clients. She has a very busy schedule but decided to accept me. She asked me who will be paying for her services. I told her that she can submit her invoices to my daughter, as she usually pays for my invoices. 

She quickly organized to get all the information and notify all all the parties involved. Most of all we wanted to see the contents of Leonard Burnstein's report, my medical record and arrange for an independent mental capacity assessor.  My POA attorneys are being represented by Roger Ramonat's, MBC law legal firm. 

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2018-Aug-26. (Sunday). < My AirB&B unit needs repairs> 
After Tito assessed my predicament he provided me with a bridge loan of $3000 that I asked for. I was running an AirB&B operation on the 2nd floor of my apartment. There were repairs and badly soiled carpet that has to be replaced as part of the rental agreement with the new tenants. My daughter was supposed to take care of the issue since the tenants have already deposited $16K to one of my accounts that I no longer have access to. No repairs were done. As a result, my AirB&B operation was dropped from AirB&B listing due to the complaints of previous tenants on the poor condition of the unit.

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2018-Aug-27. Monday. < 95% of Emergency Funds Stolen>
My caregiver reported that the money that was provided by Tito was missing. The envelope that he provided contained $3000 in 30 x $100 denominations. We were curious that whoever tampered with the envelope left a $100 bill plus two $20 bills. Tito instructed me not to handle the envelope until we can make a police report to check for any finger prints. Tito alerted my daughter about the incident. She warned him that I am not allowed to have any money because my friends will take advantage of me. A Police report of the theft was filed online. No response from the police was received. 

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2018-Aug-28 < Get myself assessed >
We have an appointment with my doctor, Dr. Levenstadt of BPM clinic, to perform a capacity assessment test. I felt very good and confident that my performance was very satisfactory in the 90 minute session.  We started looking for an independent capacity assessor. as recommended by my lawyer that is listed with the Ontario Capacity Office. 

 

2018-Aug-29. < All of the Emergency Funds discovered missing >
I soon discovered that the entire envelop packet of missing money disappeared.  

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2018-Sept-7 < 1st All Lawyers Meeting > 
An all lawyers meeting was held between my lawyer A. Natividad, Tito, Roger Ramonat the solicitor representing the 2011 POA. The three attorneys were present. At the meeting with the attorneys Gary Katz stated that, because he had Leonard Burnstein declared me mentally incapacitated, I could not retain a lawyer and that he would not approve of payment of any account rendered by my solicitor. It was a strong message that I do not deserve to be heard or be represented by any legal counsel.  

My lawyer asked about the result of the capacity assessment results of the capacity assessment performed by my doctor in Aug 28. The attorneys stated that the results were never received. I tend to believe that the report being drafted was not satisfactory to my daughter's expectation. My own doctor's opinion would could have been a significant contribution as to my mental state.

2018-Sept-11 < No follow-up from the Ottawa Police >  
Called the Elderly Abuse Section of the Ottawa Police. Sent them a note of the missing funds in my TD-Wealth account that added up to more than $1 million. Police Case #18-215936 was assigned. 

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2018-Sep-27 < TD Continues to deny providing fiduciary information >

Revocation of the Continuing Power of Attorney was submitted to TD. The TD bank refused to acknowledge receipt since I no longer have a bank card and any valid photo ID. A copy was sent to TD Wealth V.P. Marc Lalonde.  No response from TD Wealth was received as well.  I gave them instructions to lock my account to avoid unauthorized transactions. TD informed me that the account is in the hands of the POA attorneys. 

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2018-Oct-15 < My Lawyer resigns > 
I received a notice from my lawyer Alicia Natividad that she is terminating her services. The news was shocking. She has not been paid for the invoice submitted for Sept and Oct 2018. Gary Katz said that he will not approve any retainers or invoices from Alicia Natividad as he insisted that I am incapacitated and is disqualified from getting any legal support. Alicia's termination came in a bad time. This was followed by Dr. Collins giving us a notice that she is canceling her appointment as well since she does not know how she will get paid. I told Tito to find any lawyer who can negotiate with her. The new lawyer re-booked Dr.Collins. 

2018-Oct-22 & 24 & Nov 1.  < Dr. Collins Assessment >
We were able to get Dr. Barbara Collins. She provided me with a very professional assessment that took two long sessions in Oct 22 and Oct 24. Dr. Collins report was very professional and untainted by other influence. We made her aware of the existence of Burnstein's opinion. She showed no interest in it and said that she would rather formulate her own independent opinion.  
On 1-Nov-2018 she provided us that in her final report, that I am fully capable of assigning and revoking the 2011 POA for Property against me. 

2018-Nov-6 < Dr. Sarazin's assessment. Bad decision to allow her to do it >
I was asked earlier to grant Dr. Francine Sarazin, was hired by Borden, Ladner Gervais LLP to provide an assessment. BLG is now acting for the attorneys along with Roger Ramonat's firm. I was nervous with Dr. Sarazin's first visit, due to my experience with L. Burnstein. I canceled the follow-up sessions with Dr. Sarazin, since she is working for my attorneys. But having gone through Dr. Collins sessions, where she acted very professionally, Tito convinced me that there is nothing that can possible go wrong and urged me to go ahead. After all she is doctor with a Phd certificate. I reluctantly invited her to continue the interview. She interviewed other care people using the tainted report that Burnstein prepared. The result of her first report is that I am in borderline in my mental capacity assessment. 

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2018-Nov-14 < Dr. Sarazin decides to make her report more aggressive >

Dr. Sarazin stated her goals as follows: (1) to grant/revoke a POA for property, (2) to grant/revoke POA for personal care (3) to manage a property (4) to make personal care decisions. 
I assume that Dr. Sarazin's report was not satisfactory for my attorneys, that prompted her to create another report contradicting her findings on the first report that she prepared on Nov. 6. She sees me now as to be totally mentally incapacitated and will be unable to execute POA for Personal Care. She included several erroneous opinion from Burnstein in her report. I felt that she was pressured to provide an extreme assessment by the attorneys. I asked Tito to send her a report of gross errors and unfounded statements that we found in Leonard Burnstein's opinion. I think we gave it to her too late. 

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2018-Nov-16  < Unknown why Dr. Sarazin decided to favor the POA attorney's assertions >
We called Dr. Sarazin to ask why? The results of her report was devastating. We received an apology from Dr. Sarazin dated today. We could cover her report once more and challenge many of the points she raised. We may have to when we have to prepare our case in court.It took 3 days of work to counter Burnstein report, and his findings repeated themselves in Dr. Sarazin's report. This is a clear evidence of reporting unverified assertions.  

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2018-Nov-19 < Complaint filed to Law Society failed >
Today, Mr. Rappaport send a complaint to the Law Society against Joy Overtveld. The main issues of the complaint are 
  (a) Why did she not file a guardianship application with the Superior Court of Justice?  
  (b) Can she produce signed consents for every major financial decision? 
  (c) She failed her fiduciary obligations as a power of attorney, by failing to act in her father's best interest.

The Law Society later refused to act on our complaint. 

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2018-Nov-30 < Rebuild my identity > 

With an old 1960 damaged citizenship card and supporting translated official documents from Netherlands, I was able to apply for a new card. This paved the way to get a photo id from the province.  I was then able to get a statement from TD bank, but still unable to withdraw a cent from my assets.  I found out that my 2011 assigned attorneys were able to withdraw another $200,000 from my retirement fund despite the instructions that I left with TD on 27-Nov-2018 followed by a letter dated 10-Oct-2018.  Having a new identification gave me a ray of hope that I can dig myself of this mess. I have a female friend (R.Y.) who was helpful in administering my files and providing me moral support since late Sept & October. I asked (R.Y.) to marry me.  She has to promise that I will not end up in an institutional care.  R.Y. needed time to assess the situation since she works as a senior employee in Federal Government and what I am wishing for might upset her line of work.   

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2018-DEC-12 < MBC Law vs Dr. Collins >

My attorneys at the other camp is trying their best to declare that I am mentally incapacitated and is challenging the results of Dr. Barbara Collins assessment.  On a letter received on Nov 15, 2018 from J.Aldren Christian of MBC Law, he states that Dr. Collins failed to interview the other attorneys and get their input.  However, Dr. Collins says that capacity assessors are expected to render objective, impartial opinions based on the evidence as it relates to the legal criteria for judging the type of capacity in question. In the case of capacity to assign/revoke POA for property, these criteria are stipulated in the Substitute Decisions Act.  Based  on Dr. Collins experience, she is very knowledgeable in this matter.  In other words, she believes in that undue influence should prevail.  

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2018-DEC-17 < Change of heart, R.Y. agrees to marry me > 

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I got married today to a friend (54).  For privacy, reasons I will call her R.Y.  I was hoping that I could assign her my POA for care.   Unfortunately however, my other attorneys would not give up the POA for care. They are able to enforce it by cutting my personal cash flow. R.Y. planned to move into the 2nd floor, so that she can also manage my AirB&B operation. My tenants are moving out soon and we hope that she could use the facilities and get the necessary repairs done.     

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2018-DEC-19 < Statement of Claim filed against the attorney's and Burnstein> 

My lawyer, Michael Rappaport, submitted a Statement of Claim to the Ontario Superior Court of Justice against Joy Overtveld, Gary Katz (the accountant), Leonard Burnstein (the previous capacity assessor) and Roger Ramonat (the POA holder's lawyer). 

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2018-DEC-21 < No access to funds from my bank available for Christmas celebration >

I was hoping to approach RBC to pay some of my legal bills and get something nice to celebrate Christmas.  I received a  notice from RBC bank , where I keep a small savings that I can no longer access my account because of a new POA order. They can only allow me to see the statements. At least this is better than TD's policy.  The blackout of my financial information is a major violation of the rules that the Ministry of the Attorney General has set as duties of POA for Property. I am surprised that the banking institutions will give power to the perpetrators of abuse against the victim.  Most of my assets are with Toronto Dominion.  They have consistently revoked any access to information on my accounts. 

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2019-JAN-05 - 2019-FEB-94

My live-in-caregiver went for vacation for a month. She was not able to get funding for groceries and food from my attorneys. If it were not for the fact that I got married,  I probably would be on my grave due to neglect.  My lawyer and my friends were all on extended vacation abroad. My attorneys have not refunded R.Y. her expenses for my care.  

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2019-JAN-14, JAN 17 < More legal firms hired to counter me >

I am now against many legal firms.  As far as I can identify, the names of the firms acting for the P.O.A. attorneys are:

• MBC  Law ( 12 partners) - defending all attorneys

• BLG (Borden, Ladner, Gervais LLP, 100+ advocates) - defending Joy & Todd

• Norton, Rose Fulbright ( 300+ worldwide ) defending Gary Katz

• Blaney McMurthy LLP ( 90+ advocates) defending L. Burnstein

• Merovitz Potechin {new addition June 2019}, 12 advocates - plaintiff against my wife  

 I am not have the means or able to prove if all these lawyers are hired using my money that is under their control of my POA attorneys. 

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2019-JAN-30  < My new marriage declared to my defendants > 

A case conference was held today with Justice Marc Labrosse presiding, with ref: CV-18-78751-00. The defendants were reprsented by Kathleen McDormand of Borden Ladner Gervais LPP, Jaime McDonald of Norton Rose Fulbright Canada LLP and from Blaney McMurtry LLP.  The judge agreed with the defendants that there were already too many assessments performed on me,  and that the assessor's opinion will should not influence his report or orders. The highlights were as follows:   He ruled that the 2011 POA for care and property still valid, despite Dr. Collin's opinion.  He ruled that there should be passing of accounts submitted on Sept 2019 and that my current expenses be paid after submitting the details of the invoices. As of July 1, 2019, not a cent of my expenses has been paid. 

My marriage had a shocking effect with my defendants. In Ontario, marriage automatically cancels all previous will. The judge acknowledged that the rule is consistent. 

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2019-FEB-23 < Where is all the money going? >

As an outcome from Justice M. Labroose orders, we have been trying to get partial fiduciary disclosures of my accounts. To date we have not been successful. The lawyers from the other party said that they are very busy.  So, I am not able get my tax records straightened out. I could not figure why there is a charge of $150,000 to the CRA in 2018. I was aware that $1.5 million was drained from my account from 2016 and 2017, and about $500k withdrawn from my brokerage retirement account. I am not able to trace where it is going.  I was able to obtain a report from CRA that a refund of about $145,000 was sent to Gary Katz in 2017, followed by $45,000 in 2018.  I will be 91 next month and need to get rehabilitation from being confined in bed too long. I need my wife to have the power for my personal care. I am eating better now, but my wife pays for most of the meals that I like to eat. Without funds this is impossible. My daughter claimed in court in Jan 30,2019 that she is spending $30K per month to maintain me. I wish that was true. I am living like a homeless person.

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2019-MAR-01 < Sell my business to deflect the abuse >

My friends have been trying to convince me to sell my business, to alleviate the power struggle within my family. On my own, I was able to obtain two serious offers. This should put the abusive POA for Property out of the picture.  I think this will be a simple way to divide my assets in let me retire in peace. 

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2019-MAR-04 < Isolate me from my wife >

Another attack from my attorneys. They are enforcing the order that my living quarters that I own and have lived-in for 38 years has been reduced to a one bedroom and a den.  That explains the locks which they changed during the week of Jan 23, 2018.  My wife was suppose to move in on one of the bedrooms and help me ran it as an AirB&B this spring. She was helping me ran the business in Oct 2018.  I am close to tears. I own the place, but somehow, they are using my own company to evict me. How can they possibly have the power to do that. I was running an AirB&B operation last year for six months where I was able to earn more than $24,000. My daughter took the money from my account. I am not able to pay six months salary to the person who help clean, find tenants and manage my operation. I assume that this is another approach to isolate my wife from me, by ensuring that she cannot move in. 

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2019-MAR-05  < My attorneys says that I cannot be permitted to sell my business. > 

I got a message today from my son, that the attorneys do not want to sell my company. I still believe that I own the company. All the mortgages of all the buildings are still under my name. They would not provide me with any explanation. I am confused on what is going on. I am trying to find that out. 

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2019-MAR-07 < Case conference: My lawyer pressured to drop my claim >

A new twist joined the conflict. Alison is my 2nd wife with whom I divorced after more than 21 years of marriage. Our divorce was without prejudice.  I promised her my cottage property in Quebec that contains 350 acres and a small private lake. I also promised her 40% of our shared property on Waverley St, which is on the title.  She was worried that non of the terms were on my will. I could not get a copy of my current will.  I have not written a new will after my marriage and promised my ex-wife that her interest will be protected. However, conflicting instructions were provided to my lawyer with the following advice. 

• That any effort to get another capacitor to assess me will be contested.

• That I do not have the capacity to make a new will.

• That my marriage is not recognized by the defendants. 

• That I should recognize the fact that I am already too old to keep up my resistance. 

• That I should drop my claim and be content that they will provide care under their terms.  

I told my lawyer that I am not making a pact with hell.

 

2019-APR-16

Dr. Venera Bruto, capacity assessment assessor. Tito decided that too much time has passed since my last assessment, and we needed another assessor. The POA agents have continually blocked all assessment, so Tito decided to engage Dr. Bruto on the condition that there should be no undue influence. After advancing $5500 for fees  in July, she arrived in Ottawa to have a preliminary meeting with Racida, Tito and their lawyer.  Dr. Bruto did not want the lawyer involved in the meeting, so the lawyer was asked to leave.  In the meeting, Dr. Bruto confronted Rachida that her marriage was invalid, and she stated that her marriage was to get Canadian citizenship and that Tito was helping me for money. We were shocked at her remarks, and I decided to terminate her  assignment to meet and interview me. It was not until a few months later, that we found out from affidavits from Gary Katz and Todd that Dr. Bruto have been collaborating with my plaintiff and their lawyers breaking the ethics of her profession. My wife has been a Canadian citizen for many years and has an administrative position in the Federal government.  As far as I am concerned, Tito and Rachida have been providing me with much needed financial support from their own resources.  

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2019-OCT-1

Too much is happening and I am unable to have someone update and shorten my blog. 

The key events and which I will explain in detail are:

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2019-Aug-30  My daughter and her friends drove me to enjoy Kingston. I was not ready for the long drive. 

                        I ended up in the hospital with pneumonia and was discharged in Sept 10.  

2019-Sep-22   

                        Court File: CV19-00081051-0000  

                        An application was filed against me, my wife and Tito to stop all our legal battles.

                        It is 500 pages long; 

                        This is on the assumption that do not mental capacity to do so based on the findings 

                         of Dr. Bursntein ( promoted by the attorneys) and Dr. F. Sarazin.

                         Dr. Sarazin said that I am not capable of making a will. I rely on the Canadian Charter of Rights and

                         Freedom, s(7) protection. 

                         Dr. Sarazin has also provided an opinion that I am not capable to marry.

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I now have 3 legal applications in court.

• My claim against the POA attorneys for restitution of my property and assets. 

• The Attorneys application to have my marriage annulled, based on Dr. F Sarazin opinion. 

• The attorneys application to have my claim dismissed and have my wife and Tito disallowed from visiting me. 

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2019-Oct-4      My wife found me freezing and had respiratory problems in my room when she visited me. 

                         The room in my house was set at 16c.  I ended up in the hospital again. 

                         The caregiver has left my A/C on and a window open.

                

2020-FEB-20

A a legal firm Merovitz Potechin was hired by my POA agents supposed to be working for me to keep away my friends and other legal support and organizations since Oct 2019. As a result I am no longer able to meet with the person who can type out my blog. My support was been served with litigation action against them. I am was also named as a defendant and have tor respond to the applications that were filed in court. My door access codes has been changed that not even my wife was provided to gain free access. I will not be able to respond to all the actions filed against me and my supporters and decisions will be made without my approval and participation. 

I 

We are now totally confused how the legal system works. My POA agents have signed up lawyers with my own funds to make me a defendant. It seems that I have hired lawyers so that can sue me. I now feel totally isolated. I have not seen my friends for weeks. 

 

2020-MAR-01

The Pandemic situation has made it  easier to keep me totally isolated. Guards were posted on my door, to make sure that none of my friends or even my wife can come to talk to me, even from the window. I could not have my computer tablet fixed as my personal care refuses to give it to someone who can fix my settings.  As I can no longer use my tablet efficiently, I am now relying that my friends can communicate and publish what is happening. 

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