Verdict: GUILTY for both Millard and Smich of 1st degree murder #3

[deugirtni]

just curious..

If WM left everything he owned to his son.. and his son is found guilty of his murder.. and it is deemed therefore by the laws of the land (I'm not sure if it is??? If anyone can post such a law, that would be helpful??) that he may not inherit what was left to him.. then what? Who does it go to? Next of WM's kin? Who would that be? What a total, arrogant, disrespectful, immature, f-up. I hope other wealthy families with perhaps one weird child are taking note. Was it truly just so difficult for him to find a meaningful, legal, purpose/hobby/interest in life aside from his interest in beating the law and taking what didn't belong to him, no matter the cost? Is he thinking about that now? Or has the hobby simply gone on to more beating the law and the courts and that's enough to keep him satisfied in life? I'm sure that with the number of trials, he could spread this out to last years and years.

 

[Typhoo1961]

just curious..

If WM left everything he owned to his son.. and his son is found guilty of his murder.. and it is deemed therefore by the laws of the land (I'm not sure if it is??? If anyone can post such a law, that would be helpful??) that he may not inherit what was left to him.. then what? Who does it go to? Next of WM's kin? Who would that be? What a total, arrogant, disrespectful, immature, f-up. I hope other wealthy families with perhaps one weird child are taking note. Was it truly just so difficult for him to find a meaningful, legal, purpose/hobby/interest in life aside from his interest in beating the law and taking what didn't belong to him, no matter the cost? Is he thinking about that now? Or has the hobby simply gone on to more beating the law and the courts and that's enough to keep him satisfied in life? I'm sure that with the number of trials, he could spread this out to last years and years.

To be honest, I don't give a rat's *** what DM is thinking about and I hope he rots in prison.

 

[SomeITGuy]

Wow, I knew the financials would be a huge mess! I'm curious to know what happens with the SB lawsuit, knowing that Millard could never pay it. What happens then? Garnish his "income" for the rest of his (pathetic) life?

 

[Sillybilly]

just curious..

If WM left everything he owned to his son.. and his son is found guilty of his murder.. and it is deemed therefore by the laws of the land (I'm not sure if it is??? If anyone can post such a law, that would be helpful??) that he may not inherit what was left to him.. then what?

<rsbm>

The law is known as the "common law slayer rule" or simply "slayer rule":

from:
https://hullandhull.com/tag/common-law-slayer-rule/

For instance, it is well settled in Ontario that someone who murders another person cannot benefit by inheriting their estate. They are also precluded from receiving any insurance proceeds. However, in common law Canada, depriving a murderer of such benefit (also known as the &#8220;common law slayer rule&#8221 is as far as the Courts have been willing to go.

 

[Kamille]

Well, it looks like we weren't too far off on a lot of the finance stuff. They were worried about "stigma"? lol Anyhow, it doesn't add up and I hope all those owed money have some good forensic accountants in there. MOO

I agree. There are a lot of assets missing from that "calculation" and does anyone think DM actually spent 1.2 million on legal fees and retainers before the trial started? And still owed $50,000 to RP after it ended? I'd love to see that breakdown.

MOO

 

[musicaljoke]

I agree. There are a lot of assets missing from that "calculation" and does anyone think DM actually spent 1.2 million on legal fees and retainers before the trial started? And still owed $50,000 to RP after it ended? I'd love to see that breakdown.

MOO

I expect he would have spent 1.2 million on legal fees and retainers. In fact, I expect it cost a lot more than that.

In 1994, my brother paid over $100,000 in legal fees and his trial lasted four days with only four witnesses called.

 

[SnooperDuper]

I agree. There are a lot of assets missing from that "calculation" and does anyone think DM actually spent 1.2 million on legal fees and retainers before the trial started? And still owed $50,000 to RP after it ended? I'd love to see that breakdown.

MOO

Costs of $1M are typical for murder trials.

DM started with DP, who was not cheap:

Based on his rate of $700 per hour, Paradkar was awarded around $200,000.

http://www.torontosun.com/2014/05/0...egal-fees-for-three-men-accused-of-kidnapping

 

[Kamille]

I expect he would have spent 1.2 million on legal fees and retainers. In fact, I expect it cost a lot more than that.

In 1994, my brother paid over $100,000 in legal fees and his trial lasted four days with only four witnesses called.

I always thought that criminal defense attorneys charged flat rates or block rates for long murder trials which actually makes their hourly rates cheaper than an attorney who charges by the hour for a shorter case?

Was that the best deal that DM could get from a fairly unknown criminal defense attorney? Maybe there was an extra surcharge for letter carrying?

MOO

 

[Kamille]

Costs of $1M are typical for murder trials.

DM started with DP, who was not cheap:



http://www.torontosun.com/2014/05/0...egal-fees-for-three-men-accused-of-kidnapping

Ah yes. I forgot that DM was paying DP by the hour before he actually retained an attorney for the trial.

 

[Alethea Dice]

Wow, I knew the financials would be a huge mess! I'm curious to know what happens with the SB lawsuit, knowing that Millard could never pay it. What happens then? Garnish his "income" for the rest of his (pathetic) life?

What income?

 

[Alethea Dice]

just curious..

If WM left everything he owned to his son.. and his son is found guilty of his murder.. and it is deemed therefore by the laws of the land (I'm not sure if it is??? If anyone can post such a law, that would be helpful??) that he may not inherit what was left to him.. then what? Who does it go to? Next of WM's kin? Who would that be? What a total, arrogant, disrespectful, immature, f-up. I hope other wealthy families with perhaps one weird child are taking note. Was it truly just so difficult for him to find a meaningful, legal, purpose/hobby/interest in life aside from his interest in beating the law and taking what didn't belong to him, no matter the cost? Is he thinking about that now? Or has the hobby simply gone on to more beating the law and the courts and that's enough to keep him satisfied in life? I'm sure that with the number of trials, he could spread this out to last years and years.

Judging by that article, it doesn't matter. There is no inheritance left to get.

He already owned half the business, so the inheritance is the other half, and the business no longer really exists. All that's left is the $1.6 million promissory note. The hangar was reported to have cost $6.4 million to build. For that, the business seems to have taken out a $3.8 million loan - the charge that the bank put on the Riverside property. That loan was paid off with the property sales. The sale of the three properties mentioned in the article only add up to approximately $2.3 - $2.4 million, so the remainder coming from other properties. And that's assuming no commission deducted from the sale price, and that the properties were owned free and clear so that all of the sale proceeds could go to the bank loan (which doesn't appear to be the case since we heard in the trial about the scramble to get funding for the Distillery condo). If his lawyer fees were over $1.2 million before it even went to trial, it doesn't seem that there would be much left. Even if there seems to be some money missing from property sales in that article, keep in mind that wages were still paid as well. He's entitled to a lawyer, and with legal aid being denied, they either let him keep drawing from the frozen assets or the public pays his lawyer one way or another.

JMO

 

[canadiangirl]

Judging by that article, it doesn't matter. There is no inheritance left to get.

He already owned half the business, so the inheritance is the other half, and the business no longer really exists. All that's left is the $1.6 million promissory note. The hangar was reported to have cost $6.4 million to build. For that, the business seems to have taken out a $3.8 million loan - the charge that the bank put on the Riverside property. That loan was paid off with the property sales. The sale of the three properties mentioned in the article only add up to approximately $2.3 - $2.4 million, so the remainder coming from other properties. And that's assuming no commission deducted from the sale price, and that the properties were owned free and clear so that all of the sale proceeds could go to the bank loan (which doesn't appear to be the case since we heard in the trial about the scramble to get funding for the Distillery condo). If his lawyer fees were over $1.2 million before it even went to trial, it doesn't seem that there would be much left. Even if there seems to be some money missing from property sales in that article, keep in mind that wages were still paid as well. He's entitled to a lawyer, and with legal aid being denied, they either let him keep drawing from the frozen assets or the public pays his lawyer one way or another.

JMO

Yep. Always said that DM has nothing financially.

 

[Typhoo1961]

What income?

Yup. He isn't making an income in prison. :jail:

 

[deugirtni]

Judging by that article, it doesn't matter. There is no inheritance left to get.

He already owned half the business, so the inheritance is the other half, and the business no longer really exists. All that's left is the $1.6 million promissory note. The hangar was reported to have cost $6.4 million to build. For that, the business seems to have taken out a $3.8 million loan - the charge that the bank put on the Riverside property. That loan was paid off with the property sales. The sale of the three properties mentioned in the article only add up to approximately $2.3 - $2.4 million, so the remainder coming from other properties. And that's assuming no commission deducted from the sale price, and that the properties were owned free and clear so that all of the sale proceeds could go to the bank loan (which doesn't appear to be the case since we heard in the trial about the scramble to get funding for the Distillery condo). If his lawyer fees were over $1.2 million before it even went to trial, it doesn't seem that there would be much left. Even if there seems to be some money missing from property sales in that article, keep in mind that wages were still paid as well. He's entitled to a lawyer, and with legal aid being denied, they either let him keep drawing from the frozen assets or the public pays his lawyer one way or another.

JMO

Wouldn't that be assuming that WM had nothing to his name except for his 50% interest in Millard Properties? Couldn't he have had a boatload of investments in his own personal portfolio?

 

[deugirtni]

<rsbm>

The law is known as the "common law slayer rule" or simply "slayer rule":

from:
https://hullandhull.com/tag/common-law-slayer-rule/

Thank you for that. i wonder where would the monies go if say a lone offspring offed his wealthy single parent who had no other living relatives, and whose will didn't specify where the monies should go if the child predeceased him? Would it go to the government to sit in a big holding fund, gaining interest... until......... forever? Or would it be donated to... (whose?) charity of choice??

 

[MsSherlock]

Wouldn't that be assuming that WM had nothing to his name except for his 50% interest in Millard Properties? Couldn't he have had a boatload of investments in his own personal portfolio?

There is a lot more money there- just happens to be on WM's side of the balance sheet. From the top: Maple Gate $1.2M, Woodbridge Condo 600K, Distillery Condo 750K, Farm 850K, Riverside 6 Plex 2.8M , Hangar 3.2M in Cash and 1.6M in a vendor take back. So, my calculations show approximately 9.4M in liquidated real estate.

The Distillery Condo was 100% financed- MB for 400K and a mortgage for balance, so that lowers it to 8.65M. IMHO, after paying the Bank off
and paying the Bank their 3M , there's still lots of money there. The Star article states that MB was the one that requested the Receiver- she was the one that for some reason wanted DM's affairs frozen. Kind of like she threw a hurdle between DM and anyone he could owe money to- like the CRA. It would look like there's at least a few million over in the WM estate account. MOO

 

[marymcd]

What income?

Prisoners, such as Paul Bernardo who works in the prison library can receive a stipend for work assignments. Not much, and there are deductions, but nevertheless . . .
http://www.csc-scc.gc.ca/acts-and-regulations/730-cd-eng.shtml

While Smich, MB and CN had not filed a statement of defence as of the date of the article linked below, Millard did so on Nov. 6, 2015. MB signed her affidavit Nov. 12, 2015 as a requirement (?) for the Order to appoint a Receiver which took effect on Nov. 13, 2015. This seems as though it was all completed within a fairly tight time frame, but perhaps it is normal, otherwise what might have precipitated it? The last property sold was in April 2015. The Bosma family filed their suit in May of 2015.

http://www.thespec.com/news-story/6817562-tim-bosma-s-family-launches-lawsuit-against-his-killers/
http://www.websleuths.com/forums/attachment.php?attachmentid=97604&d=1467257950

 

[marymcd]

Judging by that article, it doesn't matter. There is no inheritance left to get. JMO

Perhaps not, but I would guess that MB has named DM as a beneficiary if not sole beneficiary in her will, and if Millard has a will, I would again guess that he may have named MB, his beneficiary. If and when MB passes away, presuming it will be before Millard does, then Millard could conceivably be a wealthy ex-con should he ever be released.

 

[SnooperDuper]

MB could lose everything in this (SB lawsuit). I bet she never expected her life to be shaken up like this.

Bad choice, to undertake criminal acts to help your son avoid charges. Even if criminal courts never make her accountable for that, it seems SB's civil suit will.

 

[ILoveDateline]

Thank you for that. i wonder where would the monies go if say a lone offspring offed his wealthy single parent who had no other living relatives, and whose will didn't specify where the monies should go if the child predeceased him? Would it go to the government to sit in a big holding fund, gaining interest... until......... forever? Or would it be donated to... (whose?) charity of choice??

I remember a small blurb in my local paper about what happens when one dies without a will or next of kin. It was, of course, an advertisement offering services to prepare one. Anyhow, it outlined who the the money goes to and in what order when one doesn't have a will and it even talked about the need to take out newspaper classified ads seeking long-lost family members before the estate goes to the government.

This is an excerpt from another article.

5) If you have no spouse, no children, and no parents:

Your brothers and sisters divide your estate.

6) If you also have no brothers and sisters:

Your nieces and nephews each inherit an equal portion of your estate.

7) If you have no nieces and nephews:

All other next of kin inherit an equal portion of your estate.

8) If you have no living next of kin:

Your estate goes to the Ontario government.

http://www.legalline.ca/legal-answers/what-happens-if-you-die-without-a-will/