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Alethea Dice said:
Thanks, Kamille. So the difference between federal and provincial appears to be that the review is done every 5 days instead of every 30.

Stats Can actually does have the ratios up to 2011 at least, not split by each individual jail but would certainly be a good reflection on the averages.



http://www.statcan.gc.ca/pub/85-002-x/2012001/article/11715-eng.htm#a5

I didn't follow the Magnotta trial, since he recorded himself and it was a given. If, as you say, his lawyer entered motions at trial in regards to his wanting to be moved out of solitary, please do share the link. I would appreciate the confirmation that this actually happens in a court trial.

TIA
Click to expand...

My recollection is that as soon as LM was moved to protective custody at a Montreal jail, his attorney filed a motion requesting a psychiatric evaluation to have him moved to a psychiatric facility instead of protective custody in the jail. I'm sure there is a news article about that somewhere. Apparently that request was successful because according to info at his trial, he was in a psychiatric facility. There was another situation where LM did not like the doctor assigned to him so he had his lawyer file a motion for a new treating psychiatrist, which it was determined at trial he did receive. Unfortunately the entire trial was done by tweet and it's hard to find MSM links to some of the mundane things considering all the spectacular gore they considered more important to report on.

HTH

ETA: This link mentions the first motion.

His case returns to court on Thursday, again by video conference to discuss a motion to have Magnotta undergo a psychiatric evaluation.

http://globalnews.ca/news/257782/luka-magnotta-back-in-canada-pleads-not-guilty/
 
Susan Clairmont @susanclairmont
· 4h 4 hours ago
I'm in court this morning for pretrial motions in Tim #Bosma murder trial. Dellen #Millard & Mark #Smich charged with 1st degree. #HamOnt


Susan Clairmont @susanclairmont
· 2h 2 hours ago
I will not be tweeting from inside the #Bosma pretrial motions as it is covered by a publication ban. #HamOnt
 
Friday, May 1, 2015

Susan Clairmont @susanclairmont · 10h 10 hours ago
I'll be back at the Tim #Bosma pretrial today, but won't be able to tell you anything about it due to a standard publication ban. #HamOnt

Susan Clairmont @susanclairmont · 10h 10 hours ago
It's important to be there nonetheless because once jury deliberations begin, the pub ban is lifted. #bosma #millard #smich #HamOnt
 
Friday, May 1, 2015

The co-accused were in court Friday for the second consecutive day of pretrial motions.

The pretrial motions were not completed in the two days provided, and are set or another hearing day on May 26.

Members of the public and media were permitted to attend both Thursday's and Friday's court appearances. A previous ruling ruling had barred them from attending earlier pretrial hearings in February, but that ruling was appealed by lawyers from the CBC and other media and successfully overturned.

http://www.cbc.ca/news/canada/hamilton/news/tim-bosma-case-back-in-court-at-end-of-may-1.3057742
 
AFAIK no report as to when the next court date will be.

May 26, 2015

Susan Clairmont @susanclairmont · 13h 13 hours ago
I'm in court for a continuation of pretrial motions in the Tim #Bosma murder case. Covered by a publication ban. #HamOnt

Susan Clairmont @susanclairmont · 5h 5 hours ago
I spent a long, somewhat tedious day in court at the Tim #Bosma pretrial. His parents Hank and Mary were there for every bit of it. #HamOnt
 
Ann Brocklehurst ‏@AnnB03 2h2 hours ago
Weird. Target trial dates for Wayne Millard and Laura Babcock murders are apparently September and October 2015. Awaiting confirmation

Ann Brocklehurst ‏@AnnB03 2h2 hours ago
.@crazydutchie Yes, on one level, it seems it has to be wrong. But on another level it sort of makes sense

Ann Brocklehurst ‏@AnnB03 2h2 hours ago
.@crazydutchie I have never believed there will be more than one trial

Ann Brocklehurst ‏@AnnB03 6h6 hours ago
@crazydutchie We will get answers but perhaps not at a trial.

Ann Brocklehurst ‏@AnnB03 2h2 hours ago
Clarification: dates reserved in September for Laura Babcock Prelim. Hearing, will likely be lost due to conflict with Bosma court dates
 
swedie said:
Ann Brocklehurst ‏@AnnB03 2h2 hours ago
.@crazydutchie I have never believed there will be more than one trial
Click to expand...

<rsbm>

I don't agree; simply because the TB trial will be the first and so that trial MUST happen...

...but I also think the WM trial MUST happen, because it is the "money trial"

If DM if found guilty of the murder of WM he cannot inherit from WM. While LB and TB's death plainly hint of foul play, WM's death may or may (probably) not have been a suicide. There is an alternate plausible explanation in this one case. This makes me feel that DM will fight tooth and nail for all of his inheritance and that the WM case will go to trial regardless of the outcome of any other trials.

I just don't see DM pleading guilty and saying bye-bye to millions of dollars without a good fight.

It's interesting, DP is not on board for either the LB or WM trial http://www.annrbrocklehurst.com/201...k-smich-at-the-jane-and-finch-courthouse.html

RP will be defending DM in those cases. How long before DP totally bails on the TB case? DP, after all, hates to take a case he can't win.

DP also has his hands full with another murder trial at this moment http://www.torontosun.com/2015/06/02/sister-in-law-on-trial-in-womans-murder
 
SnooperDuper said:
<rsbm>

I don't agree; simply because the TB trial will be the first and so that trial MUST happen...

...but I also think the WM trial MUST happen, because it is the "money trial"

If DM if found guilty of the murder of WM he cannot inherit from WM. While LB and TB's death plainly hint of foul play, WM's death may or may (probably) not have been a suicide. There is an alternate plausible explanation in this one case. This makes me feel that DM will fight tooth and nail for all of his inheritance and that the WM case will go to trial regardless of the outcome of any other trials.

I just don't see DM pleading guilty and saying bye-bye to millions of dollars without a good fight.

It's interesting, DP is not on board for either the LB or WM trial http://www.annrbrocklehurst.com/201...k-smich-at-the-jane-and-finch-courthouse.html

RP will be defending DM in those cases. How long before DP totally bails on the TB case? DP, after all, hates to take a case he can't win.

DP also has his hands full with another murder trial at this moment http://www.torontosun.com/2015/06/02/sister-in-law-on-trial-in-womans-murder
Click to expand...


BBM

My thoughts as well. Thanks for the link on the other murder trial.
 
hopingforjustice said:
BBM

My thoughts as well. Thanks for the link on the other murder trial.
Click to expand...

If you Google that defendant MP and DP, and look at the way DP describes his client, you'll find some similarities with how he presented DM in the TB case, I think. DP has certain stock phrases that he recycles ;)
 
SnooperDuper said:
<snip>
I don't agree; simply because the TB trial will be the first and so that trial MUST happen...

...but I also think the WM trial MUST happen, because it is the "money trial"

If DM if found guilty of the murder of WM he cannot inherit from WM. While LB and TB's death plainly hint of foul play, WM's death may or may (probably) not have been a suicide. There is an alternate plausible explanation in this one case. This makes me feel that DM will fight tooth and nail for all of his inheritance and that the WM case will go to trial regardless of the outcome of any other trials.

I just don't see DM pleading guilty and saying bye-bye to millions of dollars without a good fight.
<snip>
Click to expand...

Yeah But .... DM has signed everything over to his mom so that scenario does not work.

And even if he did not have the (inherited) legal authority to sign anything over , she would most likely have been next in line anyway (inheritance-wise) ... either way it ends up the same.

And to take it a step further she could leave her estate to DM if she wanted , the law cannot manipulate those things.

I even question if the law could change somebodies will , even if the beneficiary murdered the giver ,,,, I doubt it.

Certain insurance , such as Life insurances will not pay out in such (murder) cases , neither do they always pay out in suicides for that matter , but that has nothing to do with family held assets.
 
Arnie M said:
I even question if the law could change somebodies will , even if the beneficiary murdered the giver ,,,, I doubt it.
Click to expand...
<rsbm>

It was discussed quite a while ago, that under the "Slayer Rule" DM cannot inherit from his father if he is found guilty of having murdered him. Will be interesting to see how this plays out down the road.

With DM out of the picture if convicted, not sure how the Will might be distributed given that MB and WM were divorced. Under the Succession Law Reform Act, divorce would mean she would not be automatically entitled under the Will. Due to the divorce, MB would not be next-in-line and the courts would look to other surviving relatives, however remote.

However, let`s say WM named MB after the divorce as an alternate beneficiary in the event DM pre-deceased WM. DM did not actually pre-decease WM, but if convicted, the courts might equate him to being dead (just my guess).

If the assets under the Will are legally deemed to have passed to MB on WM`s death, then I can`t see they would be subject to any forfeiture laws related to potential civil proceedings of the future.

Link to older discussion:
http://www.websleuths.com/forums/sh...cations-and-Ownership&p=10871302#post10871302
 
I don't see anything happening in regard to DM not inheriting. But, he is the natural/willed benefactor. Should, in the remotest instant he be disallowed his inheritance, I would think it would/should go to his next of kin. In my opinion he is still the willed benefactor. Obviously people making the will want the one(s) they bequeath to inherit and from that point they would expect the next of kin of that person to receive from that point. JMO MOO. It should come down to the wishes of the one making the will not the state IMO. MOO
 
sillybilly said:
<rsbm>

It was discussed quite a while ago, that under the "Slayer Rule" DM cannot inherit from his father if he is found guilty of having murdered him. Will be interesting to see how this plays out down the road.

With DM out of the picture if convicted, not sure how the Will might be distributed given that MB and WM were divorced. Under the Succession Law Reform Act, divorce would mean she would not be automatically entitled under the Will. Due to the divorce, MB would not be next-in-line and the courts would look to other surviving relatives, however remote.

However, let`s say WM named MB after the divorce as an alternate beneficiary in the event DM pre-deceased WM. DM did not actually pre-decease WM, but if convicted, the courts might equate him to being dead (just my guess).

If the assets under the Will are legally deemed to have passed to MB on WM`s death, then I can`t see they would be subject to any forfeiture laws related to potential civil proceedings of the future.

Link to older discussion:
http://www.websleuths.com/forums/sh...cations-and-Ownership&p=10871302#post10871302
Click to expand...

Some of the properties DM held in his name only, some still had WM on the title, and then there is the question of Millard Property Holdings the holding company that owned (at least) the hangar and was in turn owned by...(DM and WM? MB too?)

The banks, in an abundance of caution, often freeze accounts upon the death of someone until all the succession issues are worked out. I wonder if there has been money in limbo for years already?

Thanks SB for digging up that discussion.
 
There have been doubts as to whether there will be much money left over once lawyers fees are paid or whether DM has sufficient funds to fully pay for legal representation. Suggesting and highly likely, LB's parents and SB have file wrongful death suits, which they will be rightfully entitled to should DM be found guilty of murder, would be a hefty amount in the millions. IF WM had a fiancée at the time of his murder, she could also file a wrongful death suit also. MB may also be entitled to file a wrongful death suit against her own son and/or MS believe it or not. If she was receiving alimony or financial support from WM since their divorce, up until his murder, she could be entitled. Then there are the victims of vehicle theft by the accused. Anyone who may have had a vehicle stolen and chopped, found in the hangar could also file a suit in small claims court if they had no theft insurance payout. When you add up all those figures, that's a pretty big chunk to pay out to victims. The big question is, is there sufficient funds? I suppose the government may see fit to use WM's money to pay out to victims of DM's if he's found guilty. MOO.

No doubt the government has been keeping a very close eye on DM's financial records since his arrest. And no doubt they have gone way back and followed his paper trail years prior to these murders. Although DM signed over his assets and responsibilities to his mother, if DM is found guilty of murder, she will not be entitled to inherit any financial assets of WM's unless he had her also listed as a beneficiary at the time of his murder. By which she would only be entitled to the amount specified in his will. What she may be entitled to are fees for maintaining his affairs while incarcerated. MOO.

Legal experts agree the documents show a series of sophisticated &#8211;&#8212; and curious &#8212; transactions for which there is a case to be made against Millard under the provincial Fraudulent Conveyances Act.

The act clearly states the transfer of property to &#8220;defeat, hinder, delay or defraud creditors or others of their just and lawful actions&#8221; &#8212; including suits or damages &#8212; is void if not done in &#8220;good faith&#8221; or with knowledge of such action against them.

A judge would ultimately rule on whether the transfers are null after hearing arguments on why they were made.

http://www.thestar.com/news/crime/2013/06/05/millard_land_deals_beyond_smelly_experts_say.html
 
June 11, 2015

Millard arrived first wearing a white shirt and jeans. He was noticeably thinner then his last court appearance. He&#8217;s also grown his hair and had it pulled back into a ponytail &#8211; he also has a full beard.

Smich, clean shaven and wearing a blue check shirt and blue pants, sat in the prisoners box beside Millard.

Throughout the two hour long hearing, Millard glared at his co-accused who stared straight ahead. It wasn&#8217;t until late in the hearing that they exchanged glances.

http://www.chch.com/bosma-accused-millard-smich-in-court/
 
June 11, 2015

The trial for Dellen Millard and Mark Smich, accused of first-degree murder in the death of Ancaster man Tim Bosma, has been pushed back to January 18, 2016.

Ravin Pillay is on record as Millard's lawyer.

the pair of co-accused are due in court for more pretrial discussion on Sept. 3, before the pretrial motions are heard later in the month.

No jury has been selected for the case, which will skip a preliminary hearing and head straight to trial.

http://www.cbc.ca/news/canada/hamil...ng-trial-pushed-back-to-jan-18-2016-1.3109601
 
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