Bosma Murder Trial 03.30.16 - Day 27

[SnooperDuper]

Many self employed people work every day for the same employer as independent contractors. In those circumstances it is their responsibility to take care of their own taxes. Apparently JV didn't take care of his taxes as an independent contractor and DM bailed him out with the taxman and then changed the work relationship to being an employee on the payroll so that JV didn't have to worry about having the same problem again. I'm guessing that when Millardair shut down after Wayne's death, that he was no longer able to keep that arrangement.

JV thought he was an employee and evidently did not understand the distinctions between working as a contractor for an employer and being an employee. JV thought he was an employee.

I don't think JV was bailed out on his taxes but that DM was irresponsible with his paperwork.

Also, real estate commissions and referral fees don't go directly from the seller to the agent in cash, they go from the seller to their lawyer to the agent's offices and then to the agent. I can't imagine someone working under the table in that situation, I assume since the money comes from their agency it would be hard to hide from their taxes. The agency probably got a cut of that money as well, which I imagine that they claimed in their taxes too.

So what do you call a payment that is not a commission that goes directly from the seller's mom to the non-involved real estate agent?

 

[billandrew]

You don't pay capital gains on house sales in Canada unless you were renting it out (and even then there is a calculation based on amount of time as primary vs secondary residence). You DO however get a benefit if the purchaser is a first time home buyer. In that case you get certain purchase taxes\fees waived.

Slight correction/clarification to your post: you have to pay capital gains on all real estate that is not designated as your principal residence. Each person or married couple can only have one principal residence at a time. E.g. if you own a cottage and don't rent it out, you still pay tax on any gain when you sell it.

The First-Time Home Buyers' credit is a benefit to the buyer, not the seller.

 

[SnooperDuper]

molly hayes ‏@mollyhayes 4m4 minutes ago
Crown (Tony Leitch) now up for re-examination. We're back to the hose. #Bosma

Susan Clairmont ‏@susanclairmont 4m4 minutes ago
Millard bought $60,000 excavator. Villada can't recall if he ever said he would use it to build houses...Dungey done. Back to Crown.

molly hayes ‏@mollyhayes 3m3 minutes ago
Leitch says that during cross by Sachak about plans to build a deck, V had said you couldn't build a deck there. Leitch asks why. #Bosma

Susan Clairmont ‏@susanclairmont 3m3 minutes ago
Crown asking why Riverside property was inappropriate place to build deck? Because there was shed there already. Crown wants to show photo.

molly hayes ‏@mollyhayes 3m3 minutes ago
He says bc there was already a shed right near there. #Bosma

molly hayes ‏@mollyhayes 2m2 minutes ago
Seeing a photo of area where he ran the hose. It's a grassy/dirt patch. A small wood shed is next to a fence at the bottom of slight hill.

Susan Clairmont ‏@susanclairmont 31s31 seconds ago
Crown done. Villada excused, along with his interpreter.

molly hayes ‏@mollyhayes 46s46 seconds ago
V says this is in his opinion not a good spot to build a deck. #Bosma

Lisa Hepfner ‏@HefCHCHNews 39s39 seconds ago
Villada now done. #Bosma jury back after lunch

Susan Clairmont ‏@susanclairmont 29s29 seconds ago
Lunch until 2:15.

Colin Butler ‏@ColinButlerCBC 40s40 seconds ago
Jury on lunch til 215

molly hayes ‏@mollyhayes 43s43 seconds ago
That's it--Villada (and his interpreter) are excused. Jury is also dismissed for lunch. Back at 2:15. #Bosma

 

[matou]

Wow that was a bunch of bull pucky. Moving along to the next witness....

 

[andreww]

My brother has a construction company and he sends his lackeys all over Ontario and occasionally to the US to pick up stuff, because it does not make sense for the boss that's running things to do it. Who should pick up equipment - a guy who my brother already employs as a float driver, or my brother? Who will run the business when my brother is gone?

Has your brother ever sent one of his "lackeys" away for more than a week, allowing him to take his kid? Jeez, you can't concede a single point can you!

"He was a good boss, yes." Villata says.
by Adam Carter 11:49 AM

 

[SnooperDuper]

Has your brother ever sent one of his "lackeys" away for more than a week, allowing him to take his kid? Jeez, you can't concede a single point can you!

Yup, and when my brother was a lackey he took me as a kid on a trip. (He's 11 years older)

It is VERY common, when you are dealing with equipment, to have to drive all over.

 

[Velma]

He's asking about the hose left at the Riverside property. Villata says that area wouldn't have worked as a spot to build a deck.
by Adam Carter 12:53 PM

Millard's lawyers suggested that's why Millard had him run the hose -- to see how water would pool before building a deck.
by Adam Carter 12:55 PM

Villata is done. He's excused.
by Adam Carter 12:56 PM

Now taking lunch break. Back at 2:15 p.m.
by Adam Carter 12:57 PM

 

[loveisthemovement]

There must be details regarding the hoses that the jury isn't allowed to hear, hence the wonder and confusion.

 

[Ontario Mom]

Wow that was a bunch of bull pucky. Moving along to the next witness....

Well, what may be store brand bags of bull pucky today may just turn out to be exactly the high end pucky needed to make sense of something else, tomorrow.

 

[Webulls]

Anyone care to guess who next witness will be?

 

[sab_bri]

Anyone care to guess who next witness will be?

SS back up to finish his testimony?

 

[Juballee]

So what do you call a payment that is not a commission that goes directly from the seller's mom to the non-involved real estate agent?

RSBM

I don't know, because it was explained in court that this was not the case. The cheque went from the other agent to LW's office to her. But it sounds way more suspicious when others keep pushing the agenda that it was something more sinister.

 

[DeepWoodsOff]

Wow! Nice arrangement, my ! Allowing JV to live in an apartment at a reduced rate because he was working on it is the equivalent of allowing a sweat shop worker to take their sewing machine home so they can keep working...oh...and charging them a reduced fee for the machine rental. MOO

 

[Inspector_North]

Well, what may be store brand bags of bull pucky today may just turn out to be exactly the high end pucky needed to make sense of something else, tomorrow.

Exactly! Don't expect a linear layout of evidence. This technique ensures witness pieces fit the puzzle when the time is right, and those that don't will stick out like a sore thumb. It also makes it difficult for any possible collusion.

 

[Tealgrove]

Am I the only one who finds it in extremely poor taste for Sachak to be attempting to joke around?

I think it's disrespectful to JV as he has an issue with the English language to begin with and the joking may be going over his head. I personally think he's doing it on purpose to make JV look stupid and incompetent and I don't like it. MOO.

 

[DeepWoodsOff]

Exactly! Don't expect a linear layout of evidence. This technique ensures witness pieces fit the puzzle when the time is right, and those that don't will stick out like a sore thumb. It also makes it difficult for any possible collusion.

Exactly!!!! Like putting together a jig-saw puzzle. It is often the last, key pieces that give the final, big picture! You may get some hints from earlier pieces, you may even get 4 or 5 that fill in a nice area....but until they are all laid out on the table....it's not easy to see the final product. MOO

 

[SnooperDuper]

RSBM

I don't know, because it was explained in court that this was not the case. The cheque went from the other agent to LW's office to her. But it sounds way more suspicious when others keep pushing the agenda that it was something more sinister.

No, we were told that the cheque went from MB to LW2. I got the impression that it was a personal cheque that was made out to LW2, with no other agents collecting the money on her behalf. All LW2 had to do was deposit the original MB cheque in her own account. No real estate agent cut her a cheque out of their own funds.

ETA:

After his arrest, the condo sale she was working on for him was transferred to another agency. When it closed, she received a $10,000 cheque in the mail from Millard’s mother, Madeleine Burns.

http://www.thestar.com/news/crime/2...ed-sympathy-for-bosma-family-trial-hears.html

 

[Inspector_North]

No, we were told that the cheque went from MB to LW2. I got the impression that it was a personal cheque that was made out to LW2, with no other agents collecting the money on her behalf. All LW2 had to do was deposit the original MB cheque in her own account. No real estate agent cut her a cheque out of their own funds.

ETA:



http://www.thestar.com/news/crime/2...ed-sympathy-for-bosma-family-trial-hears.html

"After his arrest, the condo sale she was working on for him was transferred to another agency. When it closed, she received a $10,000 cheque in the mail from Millard's mother, Madeleine Burns"

http://m.therecord.com/news-story/6400837-bosma-trial-accused-killer-tells-his-realtor-he-was-set-up-

 

[Tealgrove]

Unfortunately the DM/JV relationship was "murky" at best. Money back forth...you owe me, yeah but, you owe me too. Nothing in writing, taxes not paid, remittances to the Government not done, paycheques late, just a really unprofessional beholding and overlording kind of relationship. Yuck!

JV's testimony brought to light the switching of trucks and shed a light, in an upfront personal way, as to how DM conducted business.

Not sure about the hoses yet. That still has to play out.

 

[Juballee]

"After his arrest, the condo sale she was working on for him was transferred to another agency. When it closed, she received a $10,000 cheque in the mail from Millard's mother, Madeleine Burns"

http://m.therecord.com/news-story/6400837-bosma-trial-accused-killer-tells-his-realtor-he-was-set-up-

This was clarified in the trial, I'm not sure why so many people insist on sticking to the incorrect version before it was corrected. The cheque came from the other agency to her agency, period. It's not an opinion, it's a fact.