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

[deugirtni]

i was looking for the listing and came across this newspaper article from 6 months after TB was killed.

http://www.cbc.ca/news/canada/hamil...ured-in-three-car-crash-in-ancaster-1.2434610

 

[Velma]

i was looking for the listing and came across this newspaper article from 6 months after TB was killed.

http://www.cbc.ca/news/canada/hamil...ured-in-three-car-crash-in-ancaster-1.2434610

I have found the online listing but I don't think it's appropriate to post within WS rules. Mods, could you please weigh in when you have the time?

 

[cyber_sleuth]

For those interested, AB's unofficial advance book release tomorrow evening...

I received the following note from her..

"I'll be speaking about my new book, Dark Ambition: The Shocking Crime of Dellen Millard and Mark Smich on Thursday November 3 at the Barbara Frum library. That's up near Bathurst and Lawrence, where test drive number one -- with Igor from the Israeli army -- took place.
Although Dark Ambition won't be officially released until November 8, there will be special copies for sale on Thursday.
Also speaking will be Jeremy Grimaldi, author of A Daughter's Deadly Deception, the story of the fascinating Jennifer Pan case.
Hope you can make it if you're in the GTA. Here are the details. Please feel free to share this on social media or any other way if you are so inclined."


http://www.torontopubliclibrary.ca/detail.jsp?Entt=RDMEVT254776&R=EVT254776

 

[SnooperDuper]

Yes, I know what personal bankruptcy is. And the person filing contacts the Trustee, the Courts don't assign one. In a personal bankruptcy, the Trustee protects you from your creditor, not the other way around as is stated in the Zaifman document. The Trustee will take your non-exempt assets and use those to pay off what they can to your creditors. If it's your first one, you pay the Trustee a determined amount for 9 months and then you're released from any remaining unpaid debts and free to start over. If you can pay off all your debts and will still have surplus assets, no Trustee would recommend that you claim bankruptcy. They would work out other debt relief options to help you get your debts paid. There would be no point in claiming bankruptcy if you could still pay off those debts with your assets and a repayment plan. The whole purpose is to get rid of out of control debt that you cannot repay. No one would want that mark on their credit rating if they had still managed to pay off all creditors and have assets left over, nor would any professional recommend it. If, as you say, the Trustee took receivership of your assets, paid your debts and returned the leftovers back to you, there would be no bankruptcy to claim as there would be no debt left.

Obviously DM is not a simple bankruptcy that will be discharged in 9 months, thus they will take the full year.

Most people have debts of thousands, not millions, thus the added complexity in DM's case.

Returning your assets to you - control of your income (e.g., salary - in DM's case, mortgage payments from the helicopter company) and your income tax (trustee files until control is returned to you).

DM is in bankruptcy because his debts are larger than his assets (e.g., $14M to Bosmas is more than he perhaps ever was worth since the murder).

 

[palisadesk]

DM is in bankruptcy because his debts are larger than his assets (e.g., $14M to Bosmas is more than he perhaps ever was worth since the murder).

Technically, I believe the $14 million in the civil suit on behalf of the Bosma family does not count as a debt/debit against DM's assets at this point in time, as it has not yet gone to court, and only after a court judgement against DM will that amount, or a portion of it, be a debt payable by him.

It's quite possible that, quite apart from the civil suit, DM's debts are greater than his assets. That could change as a result of the WM murder trial (if he is acquitted) or as a result of the Millard businesses being wound up. But as of now, it does certainly look like his available assets are not sufficient to cover his debts.

 

[SnooperDuper]

Technically, I believe the $14 million in the civil suit on behalf of the Bosma family does not count as a debt/debit against DM's assets at this point in time, as it has not yet gone to court, and only after a court judgement against DM will that amount, or a portion of it, be a debt payable by him.

It's quite possible that, quite apart from the civil suit, DM's debts are greater than his assets. That could change as a result of the WM murder trial (if he is acquitted) or as a result of the Millard businesses being wound up. But as of now, it does certainly look like his available assets are not sufficient to cover his debts.

The people named in the suit are DM, MB, MS, CN so it's at least 1/2 a M family problem; moreso if the damaged awarded are any way affected by degree of involvement.

DM has money at this moment: millions. But some is tied up in WM's estate (and theoretically available to him if he is found innocent of WM's murder); some is bound up in the mortgage to the helicopter people, and then absolutely everything* got tied up in the receivership.

*$4.2M in "Shareholder loans to Millard Properties Limited" - "pursuant to the order of the Honourable Mr. Justice Newbould of the Ontario Superior Court of Justice these funds are excluded from the proceedings".

So I wonder what's exactly with that. I guess MPL is now worth a buck and not operating/owns no properties, so any loans that went to that entity are never going to be paid back, so they are wiping the $4.2M loan off the asset list. However it is MPL that holds the $1.6M mortgage to the helicopter people.

 

[Typhoo1961]

I think that whether she would be protected by her "I don't remember" story from charges of perjury will depend on the evidence. If there are texts or writings (such as draft letters to DM) where she says that if asked she will pretend not to remember (etc.), then that would be evidence she planned to commit perjury and the memory story was a lie. Of course we don't know what the evidence is, and there may be nothing like that, but what if there's evidence she did know what was in the trailer, and she testified in court that she did NOT know? It's possible that the evidence may show she fabricated some of her testimony in the B. trial.

We really won't know what the evidence is until it's presented in court. I hope it's damning.

But, sadly, she's unlikely to serve much, if any, prison time. She will get any possible sentence reduced because of her jail time served and her semi-house-arrest status after her release on bail, together with the fact that she cannot reasonably be deemed a threat to the community.

If the evidence against her is pretty solid, I would expect to see Greenspan try to negotiate a plea resolution agreement of some kind. We will see.

All the letters DM got from CN were probably destroyed by DM after he read them.

 

[mozzagirl]

Where are you seeing the listing? I have looked and can't find a listing for their house.

 

[Typhoo1961]

Where are you seeing the listing? I have looked and can't find a listing for their house.

The house has been sold and the listings have been taken down. Obviously the selling of the house was done quietly to avoid publicity.

 

[Alethea Dice]

Obviously DM is not a simple bankruptcy that will be discharged in 9 months, thus they will take the full year.

Most people have debts of thousands, not millions, thus the added complexity in DM's case.

Returning your assets to you - control of your income (e.g., salary - in DM's case, mortgage payments from the helicopter company) and your income tax (trustee files until control is returned to you).

DM is in bankruptcy because his debts are larger than his assets (e.g., $14M to Bosmas is more than he perhaps ever was worth since the murder).

Regardless of whether your debt is in the thousands or millions, and whether your assets are in the thousands or millions, personal bankruptcy is what you do when there is no hope of being able to pay off your debts. DM has no income at the moment (not even the mortgage payments unless he is found no guilty in the WM trial) and owes income tax $1m. According to the creditor listing, he has no debt other than income tax until and if the Bosma's win their lawsuit.

So what you are saying is that there is no link? That DM's personal bankruptcy is just your personal opinion based on what you think his financial status is?

 

[Alethea Dice]

The people named in the suit are DM, MB, MS, CN so it's at least 1/2 a M family problem; moreso if the damaged awarded are any way affected by degree of involvement.

DM has money at this moment: millions. But some is tied up in WM's estate (and theoretically available to him if he is found innocent of WM's murder); some is bound up in the mortgage to the helicopter people, and then absolutely everything* got tied up in the receivership.

*$4.2M in "Shareholder loans to Millard Properties Limited" - "pursuant to the order of the Honourable Mr. Justice Newbould of the Ontario Superior Court of Justice these funds are excluded from the proceedings".

So I wonder what's exactly with that. I guess MPL is now worth a buck and not operating/owns no properties, so any loans that went to that entity are never going to be paid back, so they are wiping the $4.2M loan off the asset list. However it is MPL that holds the $1.6M mortgage to the helicopter people.

You're reading that wrong. Footnote #3 that you have quoted (".....these funds are excluded from the proceedings") refers to the "retainer funds in the possession of criminal counsel" of an unknown amount. The "Shareholder loans to Millard Properties Limited" points to footnote #2, which describes the asset as the $1.6M promissory note plus interest repaid over 10 years.

http://www.zeifmans.ca/wp-content/uploads/2016/07/Notice-and-Statement-of-Receiver-Nov-23-2015-2.pdf

 

[palisadesk]

All the letters DM got from CN were probably destroyed by DM after he read them.

One would certainly think so! But I don't totally exclude the possibility that this criminal genius (ha) wrote something - say, on the reverse side of one of CN's letters - and gave it to MB to give back to CN. Not very likely, but OTOH there must be written evidence of some kind to demonstrate CN had the knowledge required to be AATF.

 

[SnooperDuper]

You're reading that wrong. Footnote #3 that you have quoted (".....these funds are excluded from the proceedings") refers to the "retainer funds in the possession of criminal counsel" of an unknown amount. The "Shareholder loans to Millard Properties Limited" points to footnote #2, which describes the asset as the $1.6M promissory note plus interest repaid over 10 years.

http://www.zeifmans.ca/wp-content/uploads/2016/07/Notice-and-Statement-of-Receiver-Nov-23-2015-2.pdf

I need new glasses.

So the $1.6M dribbling back over the next 10 years is excluded from the bankruptcy. I wonder is the B's can get their hands on that?

The other pot of money seems to be my estimated $2.9M in WM's estate, and who knows where that is going to go.

As far as other assets...bank accounts $1k...nothing else listed. Something in the order of $1.2M paid out to lawyers. Still a $1M tax bill.

 

[SnooperDuper]

One would certainly think so! But I don't totally exclude the possibility that this criminal genius (ha) wrote something - say, on the reverse side of one of CN's letters - and gave it to MB to give back to CN. Not very likely, but OTOH there must be written evidence of some kind to demonstrate CN had the knowledge required to be AATF.

We haven't seen everything yet. Large parts of the letters we've seen were redacted. What was under all of those black bars? CN might have written something quite explicit about her knowledge.

 

[Tealgrove]

One would certainly think so! But I don't totally exclude the possibility that this criminal genius (ha) wrote something - say, on the reverse side of one of CN's letters - and gave it to MB to give back to CN. Not very likely, but OTOH there must be written evidence of some kind to demonstrate CN had the knowledge required to be AATF.

I don't think DM is all that bright so it wouldn't surprise me in the least that he would do something like you have described. I'm still waiting to hear WHO moved the letters back and forth. Can't wait to hear about that. Hopefully this will come out at CN's trial. Fingers crossed.

 

[jash]

The house has been sold and the listings have been taken down. Obviously the selling of the house was done quietly to avoid publicity.

For those inclined, you can search the address (posted upthread) in Google and view a cache of the Royal LePage listing.

I hope Tim's wife and child have nothing but peace and joy in their new home.

 

[deugirtni]

TB's house just went up for sale in Ancaster. I live in his neighbourhood. Thinking about making an offer. My wife was wondering if the seller has to disclose what happened to the previous tenant. Anyone know?

The house has been sold and the listings have been taken down. Obviously the selling of the house was done quietly to avoid publicity.

It sold in a day? Never even hit the MLS? And sold firm, no conditions, otherwise it would still show as for sale? Wow.

ETA; Wow, that was incredibly quick if it only went up for sale yesterday as one of our members mentioned, who lives in the neighbourhood! Here is the listing agent's webpage showing recently solds; http://www.timargo.com/soldlistings.asp

 

[jash]

It sold in a day? Never even hit the MLS? And sold firm, no conditions, otherwise it would still show as for sale? Wow.

ETA; Wow, that was incredibly quick if it only went up for sale yesterday as one of our members mentioned, who lives in the neighbourhood! Here is the listing agent's webpage showing recently solds; http://www.timargo.com/soldlistings.asp

The real estate market in this area is crazy hot right now but even so, that is incredibly fast. Especially for a house north of a million. Maybe it was a "pocket listing" earlier.

 

[Alethea Dice]

I need new glasses.

So the $1.6M dribbling back over the next 10 years is excluded from the bankruptcy. I wonder is the B's can get their hands on that?

The other pot of money seems to be my estimated $2.9M in WM's estate, and who knows where that is going to go.

As far as other assets...bank accounts $1k...nothing else listed. Something in the order of $1.2M paid out to lawyers. Still a $1M tax bill.

Nope. The $1.6M is included in the "receivership". That is the shareholder loan owing to Millard Properties. The only thing that's excluded are the retainer fees.

 

[Errrr]

One would certainly think so! But I don't totally exclude the possibility that this criminal genius (ha) wrote something - say, on the reverse side of one of CN's letters - and gave it to MB to give back to CN. Not very likely, but OTOH there must be written evidence of some kind to demonstrate CN had the knowledge required to be AATF.

Well that's what those text messages written on her cell phone while DM was driving in the dark prove she knew.