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$GCEI>LEGAL News ALERT ! Ken Adessky appeal was

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1jk1   Friday, 03/17/17 04:36:56 PM
Re: 1jk1 post# 622189
Post # of 622704 
$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.



Quote:
[71] 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.

[72] 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.

[73] 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 .

[74] 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.

[75] 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.

[76] 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

Quebec Bar;

GRANTS the motion to dismiss complaints and stay of proceedings submitted by the

appellant;

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



glta

"Everything i post is only my opinion"
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