fiefdoms.sask
Abuse of the Courts
You would be wrong in assuming that a chain of court actions stretching over several years, involving many judges, lawyers, the governing party, the loyal opposition and multiple respondents must center around a large amount of money. NOT SO! Initially, the combined contested tax amounts were only in the order of $1000 and in the 2020 actions, both contested invoices were under $2,100.
SO WHY??? EDUCATION PROPERTY TAX
We identified and reported tax irregularities at Suffern Lake Regional Park. It didn't end there and by the time we got to court in 2019 we had made government aware of tax evasion/assessment manipulation schemes within Regional Parks, Resort Villages and Seasonal Recreational properties provincewide.
Government response was to initiate behind-the-scenes cleanup including retracting millions of dollars worth of inappropriate tax exemptions. The motivation was to hide wrongdoing resulting in tax evasion and associated failed government oversight from the voting public.
SKPROV #18-11 (abandoned to "narrow the issues" in QB)
SKQB174 of 2019
SKQB230 of 2019
SKQB231 of 2019
SKQB232 of 2019
SKQB174 of 2021
SKQB175 of 2021
SKKB174 of 2023
SKKB175 of 2023
Court Actions to date....
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.
:
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.
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.
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.
Generated a complaint against Travis Kusch regarding unethical advancing of perjury. Saskatchewan Law Society file 80-18718
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
QB231 Suffern Lake v Wildman/Zigarlick
QB232 Suffern Lake v Duffee
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.
Link to affidavit of Margaret McFadyen regarding altered petition
QB230 of 2019
Summary Application for Writ of Possession
Chambers Hearing: Battleford Oct 26, 2019
Justice Zuk presiding
Decision: Dismissed May 26, 2020
Plaintiff: Suffern Lake Regional Park Authority
Counsel: James Steele of Robertson Stromberg
Respondents: Danilak/Ritchot Self-Representing Litigants
Outcome: Generated a judicial conduct complaint which proceeded to review by BC Chief Justice Hinkson who reviewed our materials, Justice Zuk's response and a submission from Saskatchewan Chief Justice Popescul. Canadian Judicial Council response received in February 2021. We requested the complete file only to be told we are not privy to any submissions but our own and that the CJC is not subject to Freedom of Information legislation.
QB231 of 2019
Summary Application for Writ of Possession
Chambers Hearing: Battleford Oct 19, 2019
Madam Justice Goebel presiding
Decision: Dismissed May 19, 2020
Plaintiff: Suffern Lake Regional Park Authority
Counsel: James Steele of Robertson Stromberg
Respondents: Wildman/Zigarlick Self-Representing Litigants
Outcome: Generated a judicial conduct complaint which was reviewed by BC Chief Justice Christopher Hinkson. We received our Canadian Judicial Council response in February of 2021. One week later, Counsel for the Park Authority announced their intention to file another court action.
QB232 of 2019
Summary Application for Writ of Possession
Chambers Hearing: Battleford Oct 26, 2019
Justice Zuk presiding
Decision: Dismissed May 26, 2020
Plaintiff: Suffern Lake Regional Park Authority
Counsel: James Steele of Robertson Stromberg
Respondent: Duffee, Self-Representing Litigant
Outcome: Decision stated “the Park is not entitled to rely on its own wrongful actions in denying Mr. Duffee a lease as a basis upon which to found an application for a writ of possession”.
Duffee's prime and only residence was his cabin at Suffern Lake from 1995 until 2018. He still owns his cabin, paying annual taxes. Six years after refusing Duffee a renewal lease and four years after being directed by the court , the Park Authority has not, as of October 2023, negotiated a replacement lease for Duffee.
Who Judges the Judges?
POLITICS and POLITICIANS HAVE WEAPONIZED the JUSTICE SYSTEM
The constitutional principle of separation of powers supposedly protects the judiciary from political influence. Who protects citizens if political influence does affect judicial decisions?
Your only recourse? Citizens can file complaints regarding the conduct of a judge with the Canadian Judicial Council (CJC).
JUDGE WITH CLOSE TIES TO SK GOV FACES 3rd REQUEST FOR JUDICIAL CONDUCT REVIEW IN 2 YEARS
A complaint about Justice Zuk, a federally appointed Saskatchewan King's Bench judge, was filed in October 2020 with a review by BC Chief Justice Hinkson subsequently completed in February 2021 regarding Justice Zuk's adjudication of SK QB 230 of 2019 - Suffern Lake Regional Park Authority v Danilak/Ritchot.
Justice Zuk presided over two additional court actions initiated by the Suffern Lake Regional Park Authority in October 2021. In Chambers, Justice Zuk referenced his 2020 CJC review stating, "your concerns were valid".
He rendered decisions for SKQB 174 and 175 of 2021 on April 20, 2022 in favour of the Plaintiff. Respondents in both actions, Danilak/Ritchot and Wildman/Zigarlick filed complaints with the Canadian Judicial Council receiving lengthy explanatory letters that denied further review of our concerns in February 2022. (CJC submission pdfs below SKQB174/2022, SKQB175/2022, SKQB230/2020 and including SKQB231/2020 review of Madam Justice Goebel adjudicating).
Justice Zuk had again disregarded perjured statements presented by the Plaintiff and Counsel and, in the face of sworn evidence, discredited Respondents' claims that assessments and taxation including Education Property Tax (EPT) had been manipulated at Suffern Lake.
We since discovered that evasion of EPT was provincewide and involved tens of millions of dollars of property value.
There is valid concern that Justice Zuk was aware of these tax frauds prior to providing his decisions in April 2022 which required Respondents to sell their properties or have them default to the Park Authority under Writ of Possession.
Canadian Judicial Council - Request for Conduct Review Justice Zuk re SK QB 175 of 2021 Danilak/Ritchot
Canadian Judicial Council - Request for Conduct Review Justice Zuk re SK QB 174 of 2021 Wildman/Zigarlick
Canadian Judicial Council - Request for Conduct Review Justice Zuk re SK QB 230 of 2019 Danilak/Ritchot
Canadian Judicial Council - Request for Conduct Review Madam Justice Goebel re SK QB 231 of 2019 Wildman/Zigarlick