Abuse of the Courts

KB174 of 2023
Part 1 Dec 2023

Summary Application for an Order of Direction clarifying the intent of the 2022 Writ of Possession "in accordance with the Draft Order filed" (rewritten by Counsel)

Chambers Hearing: Battleford SK Dec 7, 2023

Justice Zuk presiding

Plaintiff: Suffern Lake Regional Park Authority

Counsel: Travis Kusch of Robertson Stromberg

Respondents: Wildman/Zigarlick

Self- Representing

Although not named as Respondents, Counsel for the Park Authority included the Saskatchewan Sheriffs Office and the buyer of Wildman's cabin in their filings and submissions. 

Outcome: Adjourned to Jan 11, 2024.

Although Justice Zuk had every opportunity to "clarify" the intent of the Writ he had conditionally granted in 2022, he did NOT address the issue and, as the hearing wrapped up, gleefully announced we would NOT see him again as he was retiring the end of the month.

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KB175 of 2023
Part 1 Dec 2023

Summary Application for an Order of Direction clarifying the intent of the 2022 Writ of Possession "in accordance with the Draft Order filed" (rewritten by Counsel)

Chambers Hearing: Battleford SK Dec 7, 2023

Justice Zuk presiding

Plaintiff: Suffern Lake Regional Park Authority

Counsel: Travis Kusch of Robertson Stromberg

Respondents: Danilak/Ritchot

Self- Representing

Ritchot submitted affidavit material in 2021 confirming she was no longer Danilak's partner and held no financial interest in his holdings. Regardless, the Park Authority and Counsel included her as Respondent to this application. Also not named as Respondents, the Saskatchewan Sheriffs Office and the buyer of Danilak's cabin were included in the Park's filings and submissions.

Outcome: Adjourned to Jan 11, 2024.

Justice Zuk gave the Park approval to "serve" documents to the purchasers acknowledging that they are not Respondents but have an interest in the outcome and noted the significant monetary values at issue as justification for adjournment.

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KB174 & 175 of 2023 Part 2 Jan 2024

Summary Application for an Order of Direction clarifying the intent of the 2022 Writ of Possession 

Chambers Hearing: Battleford SK Jan 11, 2024

Madam Justice Haaf presiding

Plaintiff: Suffern Lake Regional Park Authority

Counsel: Travis Kusch of Robertson Stromberg

Respondents: Wildman/Zigarlick  (174) and Danilak/Ritchot (175)

Self- Representing

Although not named as Respondent, the buyer of Wildman's cabin made submissions to the court; neither the Sheriff nor the buyer of Danilak's cabin did so. 

Outcome: Dismissed costs of $500 to the Respondents to be subtracted from 2022 costs. 

In Chambers, Justice Haaf stated, "it is unclear whether your client is entitled to a Writ" and said she did not want to see this back in court. However, in her written  decision, Justice Haaf states she based her dismissal on the lack of any legal or evidentiary basis being provided to the court and grants leave for the Park to bring a new application on better evidence with appropriate legal authority. She disregards "in its entirety" the supporting affidavit of the current Park Authority Chair which enabled her to avoid addressing the perjury contained in his sworn statement. Justice Haaf recognized Ritchot's circumstances and confusion over her continued inclusion in these matters.

QB174 of 2021

Summary Application for Writ of Possession

Chambers Hearing: via telephone Oct 20, 2021

Decision: For the Park including costs of $1500

Plaintiff: Suffern Lake Regional Park Authority

Counsel: Travis Kusch of Robertson Stromberg

Respondents: Wildman/Zigarlick

Self- Representing Litigants

Outcome: Respondents granted 180 days to sell Wildman's prime and only residence which Justice Zuk erroneously identified in his decision as a recreational property. If not sold, a writ would issue granting possession to the Park Authority. Wildman sold her cabin on Oct 19, 2022 for $1501. The Park acknowledged the sale in January 2023, yet, on March 8 sent Sheriffs to serve Wildman with the May 2022 provisional Writ. Sheriffs were informed that Wildman had sold her cabin within the time allowed in the QB174-2021 decision and was scheduled to move out in three weeks. Subsequently the Park Authority made attempts to take possession of the property however Sheriffs determined that they would not serve the Writ on the new owner as she was not Respondent to the court action. This situation led to the 2023 application seeking clarification of the intent of Justice Zuk's decision.

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Generated a judicial conduct review request citing concerns with unaddressed perjury, forgery, intimidation and the term "disputed facts". Canadian Judicial Council provided a lengthy screening response but denied a review. CJC file 22-0431.

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Generated a complaint against Travis Kusch regarding unethical advancing of perjury. Saskatchewan Law Society file 80-18718

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QB175 of 2021

Summary Application for Writ of Possession

Chambers Hearing: via telephone Oct 20, 2021

Decision: For the Park including costs of $1500

Plaintiff: Suffern Lake Regional Park Authority

Counsel: Travis K Kusch of Robertson Stromberg

Respondents: Danilak/Ritchot

Self-Representing Litigants

Outcome: Respondents granted 180 days to sell Danilak's recreational property which he had owned for over 30 years. The Park Authority had imposed a new cabin owner lease with controversial clauses including entry into private dwellings, a requirement that the cabin owner pay both party's costs (regardless of outcomes) if issues were taken to court, and no lease renewal provision. A realtor refused to list the two properties and interested purchasers backed away once the lease was shared. Days before the court directed deadline for sales, Danilak sold for court costs plus $1 = $1501. At one point, the new owner was offered a lease on condition that she pay all contested amounts the Park Authority felt were owing by Danilak as well as a new lease fee (developed and imposed after the sale was acknowledged) of over $21,500 not including the regular annual lease fee of $448. The offer was rescinded when the new owner replied she was was willing to pay the usual lease transfer fee of $100-$250 and that amounts deemed owing were not her responsibility. The Park Authority then attempted to have Sheriffs take possession from her but still under a Writ document naming Danilak and Ritchot. 

Generated a judicial conduct review request. Canadian Judicial Council responded Nov 2022 but did not proceed to a review . Their correspondence advised that addressing perjury is at the discretion of the Judge. CJC File: 22-0456

Generated an ethics complaint against Travis K. Kusch filed with the Saskatchewan Law Society, File 80-18718

QB174 of 2019

Summary Application for Writ of Possession on three properties. The application replaced a provincial court action that scheduled for trial on July 4 2019 with Danilak, Ritchot, Wildman and Zigarlick identified as witnesses for Respondent J Duffee. The Park Authority and Counsel abandoned the provincial action to "narrow the issues" in the superior Queen's Bench court.

Chambers Hearing: Battleford August 15, 2019

Decision: Discontinued on procedure

Plaintiff: Suffern Lake Regional Park Authority

Counsel: James Steele of Robertson Stromberg

Respondents: Danilak/Duffee/Ritchot/

Wildman/Zigarlick

Self-Representing Litigants

Outcome: Generated three new applications for Summary Writ of Possession: 

   QB230 Suffern Lake v Danilak/Ritchot

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   QB231 Suffern Lake v Wildman/Zigarlick

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    QB232 Suffern Lake v Duffee

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The Park Authority included a petition indicating community support for removing the five Respondents from the park. The document is defamatory in its entirety and when later reviewed by a signator, was determined to have been altered to claim the community support. When presented for signature the intent stated was to combine three court actions to save the Park money. A signator provided an affidavit stating the same for Respondents to use as evidence in the subsequent actions 174 & 175 of 2021.

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Link to affidavit of Margaret McFadyen regarding altered petition

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