Showing posts with label equitable charge. Show all posts
Showing posts with label equitable charge. Show all posts

Wednesday, May 11, 2016

Attorney General of Prince Edward Island Refuses to Request Inquiry Into Nepotism On the Bench In PEI

H. Wade MacLauchlan
The Premier and Minister of Justice, Minister of Public Safety and Minister of the Attorney General of Prince Edward Island, the Honourable H. Wade MacLauchlan (shown in photo on right)  has has refused the reasonable request by Mr. Doyle and his wife, Shelly, that he, the Premier and Minister of Justice, Minister of Public Safety and Minister of the Attorney General of Prince Edward Island all combined into one person like four persons all in one holy quaternity, write the Canadian Judicial Council and request that the Canadian Judicial Council carry out an inquest into the disturbing tale of Wilfred Doyle and his peculiar contest in the courts of Prince Edward Island where judges and court officers appear to be engaged in a form of case fixing to protect and benefit certain people who are their relatives or next of kin, both the in-law and outlaw kind of kin, and who were involved in the alleged wrongful seizure and sale of Mr. Doyle and his wife's registered fishing vessel and fishing licence.

A strange story, indeed, that resulted in bizarre harassment charges against Mr. Doyle when he persistently reported corruption in the courts and legal community to Commissioner Paulson of the RCMP who is now dealing with sexual assault charges against another of his royal, red-coated, mounties in British Columbia where sexual assault is almost as common as common assault causing some legal scholars to suggest that sexual assault is so common that is should be regarded as common assault - at least in British Columbia where cannabis is consumed openly on the streets and the halls of the legislature and many municipal councils.

The following is a copy of the letter sent on behalf of Premier and Minister MacLauchlin.

Page 2 Below

Friday, November 13, 2015

The Law Is Well Settled,

Forensic specialists looking into the Wilfred Doyle case state that the root of the problem is that Royal Bank of Canada acted illegally when it seized and sold a registered vessel under the terms of its Security Agreement, also known as a chattel mortgage, because the legal authorities hold that a security instrument, like the security agreement held by the Royal Bank of Canada, is merely an "equitable charge" upon the vessel or ship.  

"However, the law is well settled that a security instrument which is not in the statutory form and is therefore not registerable as a "mortgage" under the Canada Shipping Act can only rank as an equitable charge upon the ship. (12 Hals. (4th) 98, para. 134; Imperial Timber & Trading Co. v. Henderson (1908), 14 B.C.R. 216).
 
 
According to a legal dictionary:

"Equitable charge refers to a security interest in property granted by a debtor. Equitable charges are similar to mortgage interests, and may be enforced by court order for sale. It does not grant ownership or possession to a creditor but gives him or her the right to the judicial process for recovery of the loan amount in case of non-payment."

According to legal scholars, in Canada, the "judicial process" means having the case heard by a judge not a court clerk, registrar or prothonotary like the Prothonotary Thompson  who granted the Brain Tumour Order referred to in the posting made on November 1, 2015 (see below).

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