I present to the Quatloosian people, for their consideration, Mr Francisco MacDugall: yoga enthusiast, Web designer, and attorney. A pretty interesting guy when you put it like that. Of course he's "eccentric" at best and in no way educated or licensed to practice law, but that's why he's now on Quatloos!
The only thing I knew about Francisco, until Burnaby unleashed a torrent of links and research on me was Francisco's recent appearance on Canlii: http://canlii.ca/t/gg2g6 . Read it right away if you want but I'm going to try to piece Francisco's history together chronologically.
2000 - Francisco registers the domain for inovativo.com , a web-design company. At the time he apparently worked for a different software company (based in Southwestern Ontario) and living in a student-filled part of Ottawa. Inovativo's current contact details (from who knows when) show a Calgary address and Vancouver-area phone number.
2006 - Francisco is pictured hanging out with fellow UVI (Vancouver Island University????) design nerds https://www.flickr.com/photos/vancouver ... 150180024/
2006 - is a crew member (and domain registerer [sic myself]) for Eternalwellnessshow.com , an alternative health show venture that doesn't seem to have gone anywhere
I guess that Francisco met Bernard Yankson viewtopic.php?t=9597 while they were both active in the Vancouver arts scene (Bernard has a background in visual art was teaching for a while at the Vancouver film school).
2012
A Yoga college (I.e offering long, expensive courses to yoga instructors rather than lunchtime drop-in classes) called Prana Yoga Teacher College started getting increased scrutiny from the British Columbia PCTIA (Private Career Training Institutions Agency - a regulator for the many private colleges in the province). You can read about Prana's point of view at their petition here:
https://www.change.org/p/freedom-for-yo ... -don-t-mix
Notice that the prime mover in the "solution" is Francisco Macdugall. I haven't yet found his original link to Prana (student? Acquaintance? OPCA guru wannabe who was under the radar until this point?), but my imagination sees him as a passionate yoga-enthusiast who turned to radical ideas to try to beat the man. Where did he get those ideas? Wait and see...
Okay, I'll take the 2012 chronology from a decision of the BC Supreme Court http://canlii.ca/t/fvjtr :
And what was this brilliant legal program? To break down months-long courses into a huge collection of shorter, cheaper courses, with the explicit intent of escaping regulation. Juvenile and obviously doomed to failure, (and set out by a non-lawyer masquerading as one) but not OPCA-crazy.[7] In or about June 2012, the Agency raised compliance concerns with the College.
[8] On August 31, 2012, the Registrar received a letter from the College’s then legal counsel (Macdugall) advising that the College had sought legal advice about how it could escape the regulatory oversight of the Agency:
I have been retained by PranaYoga College for the purposes of designing and implementing a program, promotions and student contract regime that will allow my client to operate outside the statutory jurisdiction of PCTIA.
As you can imagine, this was not persuasive. The college was barred from operating until it came into compliance.[12] On September 7, 2012, the College’s then legal counsel wrote to the Agency and advised that, as a result of the changes instituted by the College (set out in its letter of August 31, 2012), the College was operating outside the Agency’s oversight and that the Agency had no say in the private contractual dealings between the College and its students.
[13] On September 9, 2012, the College’s then legal counsel again e-mailed the Agency and said:
This client is committed to doing what is necessary to escape regulation and will do what is required to accomplish that. Many of its competitors are not regulated. This College is not focused on satisfying your existing conditions.
And that's when Macdugall went full-on OPCA:
Foisted unilateral contracts! Finally he enters the Quatloos world! It's so exciting that Macduggal holds a few seminars for other yoga schools to follow his lead (eg https://mobile.twitter.com/marssupia/st ... 5534589952 ). I mean he's already foisted the unilateral contract, how can he lose?[44] In September 2012, the respondent sent the petitioner a document titled “AFFIDAVIT OF NOTICE OF INJURY AND CONSPIRACY TO COMMIT TORTS” (“Affidavit of Injury”). On page 5, this document states:
If PCTIA believes it answered all the conditional set statements issued on behalf of [Prana Yoga] by a member of the Bar Association[ you read it right, he obviously has no idea where Bar association membership fits into Freeman mythology!], then PCTIA may issue a sworn affidavit under penalty of perjury, within 7 business days by registered mail and failure to provide such an affidavit will be taken as the facts herein; PCTIA ignored [Prana Yoga’s] good faith compliance and the CEO is solely responsible for breaking trust established between [Prana Yoga] and PCTIA.
[45] The “facts” in the Affidavit of Injury state, in part, “PRANA YOGATEACHER COLLEGE by its own competent volition chooses to revoke any and all contracts with PCTIA and dissolve any application date ending near October 31 2012”
The PCTIA ignores the gibberish of course, and Prana ignores the PCTIA, and so the PCTIA goes to court for an injunction (which results in the ruling ( http://canlii.ca/t/fvjtr ) that gave us this chronology). Prana is officially shown as "unrepresented" in the judgement, but the judge considers its written and oral arguments. Who made these arguments?
Macdugall of course, and his mentor Bernard Yankson! Let me quote the decision that got me going ( http://canlii.ca/t/gg2g6 ).
The judges in BC are nothing if not indulgent.
Background and the Prana Yoga Action
1. Mr. MacDugall is not now, and has never been, a member of the Law Society.
2. In 2012, the Private Career Training Institutions Agency ("PCTIA") sought an injunction restraining Prana Yoga Teacher College ("Prana") from operating a yoga instruction school.
3. On November 23, 2012, Mr. MacDugall appeared in court with Bernard Yankson on behalf of Prana. Mr. Yankson advised the court that they appeared as "consultants." After learning that the consultants were receiving an indirect benefit for representing Prana, Mr. Justice Voith stood the matter down so that Mr. MacDugall and Mr. Yankson could review the Legal Profession Act, S. B.C. 1998, c. 9. After the recess, Mr. Yankson stated that they had reviewed the Legal Profession Act and were of the view that it did not prohibit them from appearing on Prana's behalf. The hearing proceeded.
The judgement then describes the further evolution of Macduggal's pseudolegal career:
Pretty scummy to share the abject failure he'd already had with new victims, but charging $1500 for it is worse.
6. Prior to Mr. MacDugall's involvement, Natalie Horscroft's yoga instruction school ("Pacific Elements") had been duly registered with PCTIA. In early 2014, Ms. Horscroft sought advice on how she could avoid the costs of PCTIA's oversight. Prana's principal referred her to Mr. MacDugall.
7. In January 2014, Mr. MacDugall told Ms. Horscroft that he was an 'attorney' who could help her opt out of PCTIA's oversight as he had previously done as Prana's attorney. Mr. MacDugall offered to advise Ms. Horscroft on the process and draft the necessary documents for $1,500. As an "attorney", Ms. Horscroft believed that Mr. MacDugall was qualified and able to assist her with her legal matter.
8. On or about February 16, 2014, Mr. MacDugall provided Ms. Horscroft with a "Contract for Private Attorney Services" which stated in part:
Francisco MacDugall will work for Natalie Horscroft and her company . . . in the capacity of a private attorney for the purpose of assisting and consulting with the process of lawfully terminating the contract Natalie and her company have with [PCTIA].
Due to the nature of PCTIA's reputation with harassment and false pretense with their interpretation of the law, Francisco will offer consultation and direction to Natalie with the process of dealing with PCTIA should PCTIA attempt to coerce Natalie into a contract for service.
. . .
Costs
The total amount for all services described in this contract will total $1,500. Any additional services requested or led to for reasons as yet unforeseen will be dealt with on a case by case scenario, and billed at $80 per hour.
9. On March 4, 2014, Mr. MacDugall cashed a $1,500 cheque from Ms. Horscroft titled "legal fees/attorney services."
10. Over the next several months, Mr. MacDugall provided Ms. Horscroft with documents which he stated would terminate Ms. Horscroft's "contract" with PCTIA. He advised Ms. Horscroft that delivery of these documents would end all of her obligations towards PCTIA. Ms. Horscroft notarized and delivered the documents to PCTIA in accordance with Mr. MacDugall's instructions.
11. Mr. MacDugall advised Ms. Horscroft that she did not need to pay her monthly dues to PCTIA or to fulfill any of PCTIA's requirements or deadlines. Ms. Horscroft followed Mr. MacDugall's advice.
12. On April 23, 2014, PCTIA cancelled Pacific Elements' registration and on April 30, 2014 it initiated injunction proceedings against Ms. Horscroft and her business.
13. In addition to the $1,500 she paid Mr. MacDugall, Ms. Horscroft must now incur additional legal fees to address PCTIA's petition.
14. ln May 2014, Mr. MacDugall distributed an e-mail advertising presentations he was putting on for a fee:
. . . This Thursday, May 22, I will be presenting a short, but sweet, 2 hour intro presentation on the language of law, contract law, and status. This will be useful for anyone new to the system of law in Canada, but interested in learning more about the way our legal system works and how you can use it more effectively in your daily life. . . .
15. On his website 'www.thejustlaw.com', Mr. MacDugall advertises a weekly series of such presentations for a fee. On the website, he states:
If you thought you had "RIGHTS", think again! So come and learn how you are government and how to enforce your property rights. Notice: These intro nights are designed to be build ups for workshops; TBA. . . .
When I look at thejustlaw.com I only get the one post from May 2014, for several $10 introductory sessions, to be the foundation for workshops at a later date. A guru in training indeed, albeit a rather half hearted one.
Burnaby also sent me a link to a Goigle cache of a rather interesting, Yankson-derived claim against the chief of the Vancouver PD, but alas I couldn't make it work. Perhaps he still has a copy.
And, in a Quatloos first (and hopefully last) Burnaby managed to dig up a nude photo of (or possibly by) Francisco Macdugall (no naughty bits showing): http://figdig.com/portfolio/AnitaHotty/ ... MacDugall/
If you're reading this Rob or Dean, there's NO need to try to match Franisco on this front!
