$GCEI>LEGAL News ALERT ! Ken Adessky appeal was granted (Former GCEI CFO, resigned in 11/15 & Major Shareholder & one of the founders of $GCEI.)
(In case you missed it)
The judgment against him was thrown out with the Bar responsible for all costs.
The judges wrote that the whole thing that the Bar did was illegal from the outset.
 The Court is hearing an appeal from the interlocutory decision of the Council refusing the
preliminary application by the appellant for a stay of proceedings on the ground of invalidity of
the complaint because of the illegality of the appointment of the ad hoc trustee who filed it.
 Obviously, this decision was made on the basis of the evidence submitted to the Council
at that time, including the testimony of the respondent 58 . However, considering the new evidence
filed with the consent of the parties to the hearing in appeal, it appears that this decision was
wrong. If the Council had had access to that evidence, it would not have decided as it did. The
appellant's application was therefore justified.
 Finally, the Court considers that the Board could not confirm the appointment of the
respondent as trustee ad hoc and ratify his actions in the file, by means of the resolution of
January 28, 2016 59 .
 We cannot thus "confirm" an appointment that did not happen. We cannot ratify the acts
that have been committed unlawfully, especially since nothing in the Code of Professions or the
Bar Law provides for it.
 It is not here about a mere defect of form or procedure. The failure to appoint the
respondent affects more his competence to act as ad hoc trustee and that of the Council to take up
the complaint filed by the respondent 60 . This is a matter of public interest.
 Given the Tribunal's decision to allow the appeal on conviction, the appeal on sanction is
no longer worthwhile.
THEREFORE CONSEQUENTLY TO THE FOREGOING, THE COURT:
GRANTS the appeal on guilt;
CONTEST the decision of the Disciplinary Board of the Bar of Quebec dismissing the
motion to dismiss complaint and a stay of proceedings submitted by the appellant; and,
MAKING the decision that should have been rendered by the Disciplinary Council of the
GRANTS the motion to dismiss complaints and stay of proceedings submitted by the
58 Filed as exhibit I-5 in connection with the hearing of “The Motion[…]in order to permit
the production of an additional documentary proof […]
59 Filed as exhibit I-9 in connection with the hearing of “The Motion[…]in order to permit
60 Tourbière Smith 2000 Inc. vs. Bellechasse (Municipal area of the County of), 2001 CanLll
24982 (Qc CS), paragr. 25 to 40.
REJECTS the complaint;
CONDEMNS the Respondent to pay the disbursements
the production of an additional documentary proof
Major win for $GCEI & $Shareholders imo