So let us take a look at how his methodology played out using a recent case. It concerns a Mr. Patrick Courtoreille who owed RBC 14 K$ on his Visa, 17 K$ including costs once it made it to court. The first part of the method is that “every Canadian has the right to appoint a chosen agent to represent them”. Sort of right, however your creditor also has the right to say see ya in court. Kumar's son, Colton Kumar, was the chosen agent and was studiously ignored by RBC's lawyers. In fact, the receptionist even refused to give him the name of which lawyer was handling the case. There's some magic involved that the chosen agent has to speak directly with the lawyer. If they won't speak to your chosen agent it's adult bullying and a violation of your human rights.....
The next part of the method is proving ownership of the debt. The bank must somehow dig up the original signed copy of the loan agreement to prove that they made the loan to him in the first place.
Final stage of the method: - there is a private investor (who may or may not exist) prepared to pay off the debt in total as a lump sum but the bank has to prove they still own the debt because “debts in Canada are bought and sold every day”. This feat can only be accomplished by the bank using a “chartered accountant to go through their books” and produce a signed affidavit.
If you're totally bored, here's links to all the videos Kumar has produced outlining the total travesty of justice with respect to Mr. Courtoreille. There was one more, but he deleted it for some reason. The above is a written summary of two hours of videos anyways so I wouldn't recommend going to the effort.
In the now deleted video he showed the bank's statement of claim, their defence, and enough information that I learned the case was to be heard in Red Deer and that Kumar planned to be there. Roughly an hour's easy drive from me, spend a day in court, take my wife out to dinner somewhere better than what is offered in a tiny rural village. So.... the courts in Alberta, kicked in the butt by Covid restrictions, have discovered that virtual courts are a gift to all, so no good dinner.
Necessary background information – this was a virtual court hearing Rule 7.3 applications. These are where there is no defence to a claim, or the defence has no merit, and the only question is the amount of costs to be awarded. Unlike the usual torpid pace of Canadian courts, it moved along with brutal efficiency, twenty applications in two hours. Electronic filing of court documents and the ability to mute unruly respondents helps as well. The other necessary background information to remember is that Kevin Kumar aka Ty Griffiths has been vex-litted:
https://www.canlii.org/en/ab/abqb/doc/2 ... ultIndex=1is prohibited from commencing or attempting to commence, or from continuing, any appeal, action, application, or proceeding in the Court of Appeal, the Court of Queen’s Bench or the Provincial Court of Alberta (Civil), on their own behalf or on behalf of any other entity or estate without an Order of the appropriate court in which the proceeding is conducted or to be conducted.
So off to the races on August 29, coffee in hand, and remembering to wear my trousers just in case I had to turn on my camera, I purposely logged in as myself to Red Deer virtual court to view file number 2310 00279. Members of the public can log in as “observer” but I wished to make a point to Kumar should he show.
I will deal with Courtoreille's case first. Patrick Courtoreille was logged in as himself, no camera, as per the rules. RBC's statement of claim can best be summarized as that he owed 14 K$ on his Visa card as of a certain date, here is the total with penalties and interest. Attached was a certified true copy by a commissioner of oaths of the original loan agreement for the card with Courtoreille's signature. Lawyer for RBC told the judge that Courtoreille, through his chosen agent of course, had indicated that the court proceedings would be recorded and put on youtube. Lawyer stated that the defence was an OPCA 3/5 foisted contract.
Courtoreille is warned by the judge that electronic recording is forbidden. Kevin Kumar speaks on Courtoreille's login and it sounds like he has simply been put on speakerphone. Similarly he asks for the spelling of the lawyer's name – if he was really logged in properly he would have been able to see it. Kevin Kumar is in full frothing at the mouth Ty Griffiths mode. Since notaries/commissioners of oaths have magical powers he can't use the wet ink signature defence. Demands proof of ownership of the debt. “Are you aware that debts are bought and sold every day?”. Mute <click>
Kumar demands a two week adjournment so a chartered accountant can go through the bank's books. Not granted. Mute <click>
Courtoreille has to pay up. Kumar says he wants to appeal, the judge replies you certainly have that right sir.... Mute <click>
Other mildly interesting cases that day... A case of Bitcoin fraud where Party A claims to have been defrauded by Party B so they hired Party C to get their money back. Party C, the hacker, gladly accepted 56 K$ in Bitcoin as payment and never did anything. Here's a hint – if your white hat hacker, instead of being in a darkened room with multiple monitors displaying random hex code, appears in court from the parking lot of a hamburger joint using the free public WIFI, you've probably made the wrong choice of hacker.
Another OPCA respondent plus one who changed their mind – A Mr Patrick Oliver who owed the CIBC 22 K$ in credit card debt. One sentence opening by the bank's lawyer -”this is a sham debt elimination scheme”.Mr. Oliver's statement was classic old school OPCA. He wished to have the account rendered as he was the beneficiary of a trust. The bank should bring the books forward, close the trust, and transfer it to him as an unincorporated corporation. He also had “travel documents in and out of corporations” whatever that means. The judge thought the same as I so Mr. Oliver went on a rant about the court had no jurisdiction over a living human being, the only contract he had was with his creator, and who did the judge swear an oath to? Mute <click> next case, over in five minutes.
Some more cases of no interest and then a friend of Mr. Oliver's since she came into court using his computer or phone. Credit card debt again. One sentence similar to Oliver's opening and then she gave up and admitted the debt. Since she was a senior the judge was sympathetic and told her to get credit counselling so she could work out a repayment schedule
So, Kumar violated his vexatious litigant order, and may have recorded the proceedings. I am not sure of the etiquette of appearing in a virtual court using some sort of conference call without the permission of the court either. Looking forward to an appeal as he claimed he was going to do, or even better, the Alberta courts doing something about vexatious litigants violating their orders.