Fingerless Freeman wants $10,000,000 for lost digits

[Burnaby49]

But he still signs documents with fingerprints! :Peter of the August-Sjodin family: sp17uwe has a beef against the Little Shuswap Lake Indian Band (of which he is a member). They were negligent enough to lend a dangerous piece of equipment to him which he immediatedly employed in amputating two of his own fingers. Now he wants recompense. From his Notice of Claim of December 16, 2014;

Part 1: STATEMENT OF FACTS

1 1. NOVEMBER 19,2014, LITTLE SHUSWAP LAKE INDIAN BAND LOANED A GAS POWERED HYDROLIC (sic) WOOD SPLITTER TO THE PLAINTIFF
2. WHEN PICKING UP THE MACHINE JAMIE TOMMA OF ISIB STATED THAT THE CHOKE ON THE WOOD SPLITTER NEEDED TO BE KEPT AT HALF CHOKE POSITION.
3. NO SAFTY (sic) TRAINING, MANUAL, CAUTIONS OR GEAR WERE RECOMMENDED OR EXPLAINED UPON RECIEVING (sic) THE HYDROLIC (sic) MACHINE EVER.
4. TEN MINUTES INTO SPLITTING WOOD THE PLAINTIFF AMPUTATED TWO FINGERS WITH THE MACHINE.
5. THE FINGERS WERE NOT RE-ATTACHED.
6. THE PLAINTIFF HAS BEEN A MUSICAN (sic) SINCE THE AGE OF 9, PROFESSIONAL MUSICAN (sic) SINCE THE AGE OF 13. THE LOST (sic) OFF (sic) THESE FINGERS HAS DRASTICALLY AFFECTED HIS MENTAL AND EMOTIONAL HEALTH AND FAMILY WELLBEING, AS WELL AS HIS CAREER.

Part 2: RELIEF SOUGHT
1 1. THE PLAINTIFF IS SEEKING $5 MILLION CAD (CANADIAN DOLLARS) FUNCTIONAL FIAT CURRENCY PER FINGER FROM THE LITTLE SHUSWAP LAKE INDIAN BAND FOR PAIN AND SUFFERING, MENTAL AND EMOTIONAL ANGUISH AND LOSS OF CAREER (RENOWN BASSIST AND GUITARIST).

Part 3: LEGAL BASIS
1 1. NEGLIGENCE:
A. THE LSIB LOANED A FAULTY MACHINE TO THE PLAINTIFF.
B. THE LSIB STAFF DID NOT GIVE THE PLAINTIFF SAFTY (sic) INSTRUCTIONS OR TRAINING REGARDING THE USE OF THE HYDROLIC (sic) WOOD SPLITTER. NO SAFETY GEAR WAS MENTIONED OR EVEN A MACHINE MANUEL (sic) LENT ALONG WITH THE MACHINE.

A sad tale concisely told. :Peter of the August-Sjodin family: sp17ue did not sign the document but every page is covered with sploches of fingerprints, hopefully not from his dismembered digits. He headed each page of the document with the notation UCC 3-419. This, of course, is a section of the Uniform Commercial Code, one dealing with negitiable instruments, which you can read in it's entirety here;

http://www.law.cornell.edu/ucc/3/3-419

Gives me a headache. Although Canadian Freemen love the UCC (Master Gee is a devotee) it is American law and not relevant to Canadian lawsuits. In any case this lawsuit is based on common law tort not statutory law.

Our injured party might be stretching the hypothetical financial loss from the accident. It seems to me that the claim "LOSS OF CAREER (RENOWN BASSIST AND GUITARIST)" might be more in the realm of wistful dreaming that a verifiable fact for tort claim purposes. I found his personal bio here;

http://www.canadianmusic.com/PeterAugust/epk/

But, as sparse as this is, it seems to be somewhat inflated. He claims to have been named the best bassist in Canada in 2005 but without saying who awarded him this distinction or for what works. Any confirmation of this honour must be buried deep in the bowels of Google because I couldn't find any reference to it at all apart from one that just linked to the above webpage. Maybe he bestowed it on himself in a dream.

He stated "I have also had the great pleasure of playing with Les Batenses, Les Copeland and our very own "Richard Underhill."" "Les Batenses" got, in total, five google hits, four of which refer back to the above webpage and the fifth is a Wikipedia error page. Les Copeland actually exists, he is a local British Columbia country blues guitarist with at least one album out. There is a "Richard Underhill" in Toronto who plays alto sax and has a significant performing history. However in the extensive listing on his website of the musicians he highlights as having played with he somehow neglected to note Peter August. It may not be the same Richard Underhill in any case since Peter August names him as "our very own "Richard Underhill"" implying there are others. And that seems to be it for musicians of any distinction that considered him good enough to accompany them.

Peter August is somewhat shy of information on his history of possible paid work as a musician. A few ambles through Mexico twenty years ago, some vague references to performances with locally known musicians, a mention of an album done in 2006 with no comment on sales, eight years later a second album released to apparently public non-acclaim. An information webpage not updated since 2008. A bit thin for justification for recompense for damages.

He makes a big deal about his group "Tribal "being the headlining group playing at the Tribal Funk Festival (now called Squilax Music Festival). The festival would have had a hard job turning him down since he apparently ran it;

http://www.salespider.com/bp-2268726/peter-augustsjodin

However is seems to be a very minor event. Little of any consequence about it on Google except that somebody called "Mystic Bowie" has played there a few times. I found a video of Mystic performing at the 2014 event. Seems like a community hall with a pretty sparse audience. The bassist might be our boy aged and filled out somewhat from his 2008 photo. I can't fairly comment on the music, I find reggae very dreary.

http://www.network54.com/Forum/8980/thr ... k+Festival

I also found this, undated, which seems to be our plaintiff at thirty-eight years old and looking for work as a musician. Available seven days a week and up for anything. Doesn't indicate much of a career to date after a quarter century as a journeyman musician.

http://www.bandmix.ca/palomo87/

The Little Shuswap Lake Indian Band of course replied denying everything. From their Response to notice of Civil Claim of December 24, 2014;

3. The Plaintiff, Peter Allan August-Sjodin, is a member of the LSLIB.

4. The LSLIB owns various equipment, including a gas-operated "SplitFire Self Contained 3255 Two-Way Log Splitter" (the "Log Splitter").

5. When the LSUB is not using this equipment, including the Log Splitter, for its own purposes, it has made this equipment available to its members for their own personal use.

6. The Plaintiff has borrowed the Log Splitter from the LSLIB on several occasions, over the course of the past years.

7. The first time the Plaintiff borrowed the Log Splitter, one or more agents of the LSLIB provided instruction, and demonstrated to the Plaintiff the proper use and operation of the Log Splitter.

8. On the Log Splitter itself is a visible warning sign (the "Warning Sign") that states:
"DANGER NEVER! HANDLE WOOD BY THE SAWN ENDS!
BLOCKS SHOULD ALWAYS BE HELD ON THE BARK SIDES![ ... ]
REMOVE HANDS IMMEDIATELY WHEN KNIFE CONTACTS WOOD![ ... ]".

9. The Warning Sign also provides a two-picture diagram demonstrating both proper and improper hand positioning.

10. The Plaintiff did not provide, nor did the LSLIB ask for or receive any consideration for the use of the Log Splitter by the Plaintiff on any occasion.

11. On or about November 19, 2014, the Plaintiff again requested that the LSLIB make available to the Plaintiff the Log Splitter. The LSLIB made the Log Splitter available to the Plaintiff.

12.1n response to paragraph 2 of Part 1 of the Notice of Civil Claim, the LSLIB denies that Jamie Tomma ("Tomma") or any of its agents stated that the choke on the Log Splitter needed to be kept in the half-choke position.

13.1n response to paragraph 4 of Part 1 of the Notice of Civil Claim, the LSLIB denies that the Plaintiff was injured at the time and place and in the manner alleged in the Notice of Civil Claim.

14.1n further response to paragraph 4 and in response to paragraphs 5 and 6 of Part 1 of the Notice of Civil Claim, the LSLIB denies that the Plaintiff has suffered, or continues to suffer, the injuries, damage, loss and/or expense as alleged in the Notice of Civil Claim.

15.1n response to paragraph 3 of Part 1 of the Notice of Civil Claim, the LSLIB says that at all material times the Log Splitter was in a reasonable state of repair and condition for use by the Plaintiff, and that the Plaintiff was provided with adequate instruction as to the use and operation of the Log Splitter, and that the LSLIB is not in law responsible for any injuries, damages, loss and/or expense suffered by the Plaintiff.

16.1n the alternative and in further response to paragraphs 3 and 4 of Part 1 of the Notice of Civil Claim, the LSLIB says that the Plaintiff had used the Log Splitter on a number of prior occasions without incident, and that the inherent operational dangers were obvious to the Plaintiff and that the Plaintiff knew, or ought to have known of the same and the LSLIB says that the Plaintiff was the author of his alleged misfortune and pleads the doctrine of vo/enti non fit injuria as a complete defence to this action.

17.1n the alternative and in further response to the entirety of the Notice of Civil Claim and specifically paragraphs 2, 3 and 4 of Part 1 of the Notice of Civil Claim, the LSLIB says that the alleged accident and resulting injuries, loss and damage and/or expense were not caused by any negligent act or omission or breach of any statutory duty on the part of the LSLIB, or its employees, but were caused solely, or contributed to by the deliberate actions of the Plaintiff or by the negligence of the Plaintiff, the particulars of which include:

a) In failing to exercise reasonable care for his own safety while operating the Log Splitter;
b) In failing to pay attention to the placement of his hands while operating the Log Splitter;
c) Placing his hands in the path of a relatively slow moving blade;
d) Failing to release the drive of the blade when the blade made contact with his hand;
e) In operating the Log Splitter in an unusual or unsafe manner;
f) In failing to take appropriate action to avoid the subject accident; and
g) Such other particulars of negligence as become known to the LSLIB.

21. On or about November 19, 2014, Tomma or another agent of the LSLIB advised the Plaintiff that the Log Splitter should be run for several minutes at half-choke to warm it up, not to operate it.

They even seem to imply he lost his fingers some other way and decided to blame them!

QUANTUM
6. The Plaintiff did not suffer injuries in the accident or to the degree alleged by the Plaintiff and has not suffered any damage, loss or expense.

7. The Plaintiff's injuries were pre-existing or occurred subsequent to the accident and were not caused or made worse by the accident.

8. The Plaintiff has failed to mitigate his injuries, damage, loss and expense.

If it goes to court my money is on the Little Squamish Band.

Not being familiar with hydraulic wood splitters I looked them up on the internet and found this fearsome beast;





A homebuilt from the engine and transmission of a 1980 Datsun. If I tried to operate that monster I think I'd be fortunate to escape with the loss of just a pair of fingers.

[Burnaby49]

I looked up the specific piece of equipment that dismembered our renowned bassist. From the Split-Fire website;

Self Contained 3255 Two-Way Log Splitter
The 3255 was originally designed for the equipment rental industry. Since 1985 it has gained a reputation for being a safe, low maintenance, highly productive log splitter that provides a fast Return On Investment! Its rugged yet simple compact design makes it a popular rental machine that helps property owners split their wood quickly, easily and safely. All Split-Fire log splitters feature the 2-way splitting action from the knife that splits wood in both directions.

It has a candy-ass 5.5 horsepower engine. I think even I could handle that.

[JamesVincent]

The only way to really hurt yourself with a log splitter like that one is to leave your hand either on the side of the log or to keep your hand on the log as it splits. Either which will probably remove parts of said hand but is no ones responsibility but the operator. Which, of course, doesn't keep people from suing (and winning) in the United States. You probably remember my thread and post here where I talked about a man who removed the safety guard from a table saw and then sued the manufacturer when he lost a finger on it. And won $1.5 million for being a dumbass.

For someone claiming to be one of the best bassists in Canada I've never heard of him either. And for him to say he was named best bassist in Canada, well, you still have Geddy Lee of Rush who has been acknowledged as one of the best musicians in the world and of all time by many different sources, including Rolling Stone, Guitar Magazine, Guitar for the Practicing Musician, etc. Would be kinda hard to compete with that.

edit: Something else you might be interested in Burnaby, Geddy Lee, Alex Lifeson and Neil Peart were all made Officers of the Order of Canada in 1996. They were the first and only rock band to have that honor.

[Burnaby49]

The only way to really hurt yourself with a log splitter like that one is to leave your hand either on the side of the log or to keep your hand on the log as it splits. Either which will probably remove parts of said hand but is no ones responsibility but the operator. Which, of course, doesn't keep people from suing (and winning) in the United States. You probably remember my thread and post here where I talked about a man who removed the safety guard from a table saw and then sued the manufacturer when he lost a finger on it. And won $1.5 million for being a dumbass.

For someone claiming to be one of the best bassists in Canada I've never heard of him either. And for him to say he was named best bassist in Canada, well, you still have Geddy Lee of Rush who has been acknowledged as one of the best musicians in the world and of all time by many different sources, including Rolling Stone, Guitar Magazine, Guitar for the Practicing Musician, etc. Would be kinda hard to compete with that.

edit: Something else you might be interested in Burnaby, Geddy Lee, Alex Lifeson and Neil Peart were all made Officers of the Order of Canada in 1996. They were the first and only rock band to have that honor.

If Garth Hudson and the other members of the Band didn't make it the OOC is meaningless as a measure of contribution to Canadian society. Actually I've always felt that anyhow. It is just a political baubble bestowed by whatever government is in power so politicians can have feel-good photo ops where we all congratulate ourselves how special we are.

As you can tell I don't have one.

I'm guessing our Freeman lost his fingers by wrapping his hand around the end of the log about to be split to position it. The blade had to get past his fingers to get to the log. As far as I can tell from what little I know about log splitters this model seems like a safe device if you have any brains at all. As the ad said it was made for the rental market which means inexperienced users are assumed.

[JamesVincent]

If Garth Hudson and the other members of the Band didn't make it the OOC is meaningless as a measure of contribution to Canadian society. Actually I've always felt that anyhow. It is just a political baubble bestowed by whatever government is in power so politicians can have feel-good photo ops where we all congratulate ourselves how special we are.

The Band was an American band. Even though 4 out of the 5 members were Canadian they formed and recorded in America, especially since they came out of Bob Dylan's band, literally. All 5 were incredible musicians and have received awards in America including being inducted into the Rock and Roll Hall of Fame.

As far as the politics of the OOC I'll leave that to you. I just mentioned it since we were talking about someone who claimed to be the best bassist in Canada and you already have one.

[Burnaby49]

The Band didn't come out of Dylan's band. They formed as a group well before meeting Dylan and he hired them, as a group, to be his backup band. If they came out of anybody's band it was Ronnie Hawkins. The only significant change they made, before and after Dylan, was the group name.

From Wikipedia;

The Band was a Canadian-American roots rock group that originally consisted of Rick Danko (bass guitar, double bass, fiddle, trombone, vocals), Levon Helm (drums, mandolin, guitar, vocals), Garth Hudson (keyboard instruments, saxophones, trumpet), Richard Manuel (piano, drums, baritone saxophone, vocals) and Robbie Robertson (guitar, vocals). The members of the Band first came together as they joined rockabilly singer Ronnie Hawkins' backing group The Hawks one by one between 1958 and 1963.

In 1964, they separated from Hawkins, after which they toured and released a few singles as Levon and the Hawks and the Canadian Squires. The next year, Bob Dylan hired them for his U.S. tour in 1965 and world tour in 1966.[1] Following the 1966 tour, the group moved with Dylan to Saugerties, New York, where they made the informal 1967 recordings that became The Basement Tapes, which forged the basis for their 1968 debut album Music from Big Pink. Because they were always "the band" to various frontmen, Helm said the name "The Band" worked well when the group came into its own.[2][a] The group began performing officially as The Band in 1968, and went on to release ten studio albums. Dylan continued to collaborate with The Band over the course of their career, including a joint 1974 tour.

In late summer 1965, Bob Dylan was looking for a backup band for his first U.S. "electric" tour. Levon and the Hawks were recommended by blues singer John P. Hammond, who earlier that year had used Helm, Hudson and Robertson on his Vanguard album So Many Roads.[12][13] Around the same time, one of their friends from Toronto was working as secretary to Dylan's manager Albert Grossman. Mary Martin told Dylan to visit the group at the Yonge Street club called the Le Coq d'Or Tavern—though Robbie Robertson recollects it was the Friar's Tavern, just down the street.[14] Her advice to Dylan: "You gotta see these guys."[15]

After hearing the band play and meeting with Robertson, Dylan invited Helm and Robertson to join his backing band.[citation needed] After two concerts backing Dylan, Helm and Robertson told Dylan of their loyalty to their bandmates, and told him that they would only continue with him if he hired all of the Hawks.[citation needed] Dylan accepted and invited Levon and the Hawks to tour with him. The group was receptive to the offer, knowing it could give them the wider exposure they craved. They thought of themselves as a tightly rehearsed rock and rhythm and blues group and knew Dylan mostly from his early acoustic folk and protest music. Furthermore, they had little inkling of how internationally popular Dylan had become.[16]

As far as being an American group is concerned the Band formed as a group in Toronto, just not under that name. Levon Helms and Ronnie Hawkins were both Arkanasas natives. When Ronnie Hawkins moved to Toronto Helms, who was part of Hawkins' backup band the Hawks, joined him. The other members of the the Hawks, all Americans, either did not come to Toronto or left shortly after arrival. So Hawkins replaced them with Canadians. The four other members of the Band, all Canadians, joined Hawkins separately as members of the Hawks.

The members of The Band gradually came together as a part of Toronto-based, rockabilly singer Ronnie Hawkins' backing group, the Hawks: Helm, an original Hawk who journeyed with Hawkins from Arkansas to Ontario, then Robertson, Danko, Manuel, and finally, Hudson. Hawkins' act was popular in and around Toronto, and he had an effective way of eliminating his musical competition: when a promising band appeared, Hawkins would often hire their best musicians for his own group;[citation needed] Robertson, Danko, and Manuel came under Hawkins' tutelage this way.

Hawkins was born in 1935 in Huntsville, Arkansas, just two days after the birth of Elvis Presley. At the age of nine, his family moved to nearby Fayetteville, Arkansas. After graduating from high school, he studied physical education at the University of Arkansas where he formed his first band, The Hawks, touring with them throughout Arkansas, Oklahoma and Missouri. Hawkins also owned and operated the Rockwood Club in Fayetteville where some of rock and roll's earliest pioneers came to play including Jerry Lee Lewis, Carl Perkins, Roy Orbison and Conway Twitty.

On advice from Conway Twitty,[4] Hawkins began touring Canada in 1958. Hawkins first gig there was at the Golden Rail Tavern in Hamilton, Ontario, where he became an overnight success. Hawkins decided to move to Canada, and in 1964, became a permanent resident, eventually making Peterborough, Ontario, his home.[4]

After the move, The Hawks, with the exception of drummer Levon Helm, dropped out on Hawkins. Their vacancies were eventually filled by Canadians Robbie Robertson, Rick Danko, Richard Manuel and Garth Hudson, all hailing from across Southwestern Ontario. Helm and the rest of those Hawks would leave Hawkins in 1964 to form an act of their own, which eventually came to be named The Band.

[Burnaby49]

Instead of relying on my interpretation of the documents you can now look at them yourselves, fingerprints and all.

http://www.mediafire.com/view/8gndr77a0 ... 0claim.pdf

http://www.mediafire.com/view/86p4d96rr ... efence.pdf

[fortinbras]

I don't know of log splitters but a friend who works in a suburban hospital ER has told me of many instances where jerks tried picking up a power grass mower to use as a hedge trimmer - and managed to lop off all or most of their fingers in a single instant.

[PeanutGallery]

I was rather curious about this unrelenting machine that it is claimed lopped off the fingers of our freeman. So I thought is there any video showing this hazardous design in action available on the internet?

It turns out their was.

https://www.youtube.com/watch?v=73XB6KzyRJs

I invite you to watch and judge for yourself just how dangerous the machine is to use.

[grixit]

Hmm. I thought it would be something like a woodchipper. But it isn't. It doesn't grind or saw, it just pushes an axe blade steadily through the log using strength instead of speed. Abe Lincoln would be more in danger of having a log splitting accident than someone using this machine. You just have to make sure not to put your hand between the blade and the face of the log.

Or you can just tell the blade it has no jurisdiction over you.

[Burnaby49]

Hmm. I thought it would be something like a woodchipper. But it isn't. It doesn't grind or saw, it just pushes an axe blade steadily through the log using strength instead of speed. Abe Lincoln would be more in danger of having a log splitting accident than someone using this machine. You just have to make sure not to put your hand between the blade and the face of the log.

Or you can just tell the blade it has no jurisdiction over you.

Exactly what I meant when I said;

I'm guessing our Freeman lost his fingers by wrapping his hand around the end of the log about to be split to position it. The blade had to get past his fingers to get to the log. As far as I can tell from what little I know about log splitters this model seems like a safe device if you have any brains at all. As the ad said it was made for the rental market which means inexperienced users are assumed.

When I read the manufacturer's own advertisement saying it was for the rental market I assumed it had to be safe even for idiots showing only a modicum of care. As JamesVincent said you live in a very litigious society where common sense isn't factored into negligence jackpots so manufacturers aren't going to go out on a limb with wild claims about the safety of equipment that can actually sever that limb. Given that the way the machine operates is intuitively obvious, and the claim of the band that the plaintiff had borrowed it before so he apparently had prior experience operating it, I think he will have a hard job pinning responsibility on anyone but himself.

I just think it's great entertainment watching how, when our rugged, independent, self-reliant Freemen get hurt, they go scurrying off to the courts (courts that they otherwise claim have no authority over them) whining that it's somebody else's fault and somebody has take responsibility and pay.

I look at it from my own perspective. When I stumbled down my neighbor's steps this spring and broke five ribs my first thought was "S**T THAT HURTS!". My second thought was "I'm a f******g idiot". Had I been a Freeman the only acceptable second thought would have been "JACKPOT! Sue that 80 year old widow!". And, yes, my neighbor is an 80 year old widow. Of course I can't claim to be ethically pure, there were practical problems. My wife was friends with the neighbor well before she and I were married and owned this house and had I, even hypothetically, suggested suing our neighbor I would have had some marital issues. BIG issues. At sixty-five I prefer the quiet life.

[JamesVincent]

Now, if you really want to split some logs there's a machine for that.

https://www.youtube.com/watch?v=6SbGvxA4N7c

Only problem is you need a front end loader to keep up with it but, details, details.

[notorial dissent]

...if you have any brains at all.....

There upon, I think, you have hammer hit squarely upon the nail, or in this case, nut!

Some people are simply just too stupid to be allowed near power, or any kind for that matter, tools, let alone to actually use them.

[fortinbras]

The very name of the machine would be enough to make me Very Cautious. I think that contributory negligence may be an important issue here.

However, there have been previous lawsuits involving log splitters and lost fingers and they don't always go the plaintiff's way:

Childress v. Gresen Manufacturing Co. (ED Mich 1988) 690 F.Supp. 587
http://scholar.google.com/scholar_case? ... 0579760457
affirmed, 888 F.2d 45
http://scholar.google.com/scholar_case? ... 4767794180

[bmxninja357]

cant you all just be happy someone has been rendered incapable of giving the system the finger?

ha!
ninj

[Burnaby49]

cant you all just be happy someone has been rendered incapable of giving the system the finger?

ha!
ninj

As satisfying as the thought is I'd have to say unlikely. He'd have to have lost the middle finger of both hands. Neither of the filed documents identifies which fingers are at issue, a significant omission.

[ArthurWankspittle]

Don't need fingers these days, just a picture or two.
http://www.bbc.co.uk/news/technology-30623611

[GMac]

Or you can just tell the blade it has no jurisdiction over you.

"I DO NOT CONSENT! *OW* I DO NOT CONSENT!"

[ArthurWankspittle]

Or you can just tell the blade it has no jurisdiction over you.

"I DO NOT CONSENT! *OW* I DO NOT CONSENT!"

A writ of Habeas Digiti?

[Burnaby49]

Time to take up the tale of :Sp17uw-Sqalemc (AKA Peter August-Sjodin) yet again. When we left off in December 2014 he (I'll call him August) was suing the Little Shuswap Lake Indian Band for their indefensible negligence in lending him a piece of equipment he claims was inherently dangerous. A log-splitter he'd borrowed and used before. He's somehow lost two fingers using it and wanted recompense of $10,000,000. However this update is not, at least directly, about that. Turns out he has other prior issues with the band. This update starts with this document, filed in the Supreme Court of British Columbia on January 29th, 2014;

http://www.mediafire.com/view/le2uqbdjh ... tition.pdf

This is a petition to the Supreme Court of British Columbia by Felix Bevar Arnouse on behalf of himself the Little Shuswap Lake Indian Band seeking a court order.

The respondents were;

Peter Allan August-Sjodin AKA ":sp17uw-Sqalemc" AKA :sp'7uw-Sqalemc AKA Peter Braun
Rain-Maker Penner August-Sjodin
Jonah-Raven Penner August-Sjodin
sp17uw-Sqalemc: Sewepemc Tribal People
Whea-Hey-Ukt-Chuk: Nuu-Cha-Nulth People
Michael Dean Fraser AKA "Whea-Hey-Ukt-Chuk".

The respondents were all members of the Little Shuswap Lake Band and Felix Bevar Arnouse was the Band Chief.

The petitioners wanted;

Part 1: ORDER(S) SOUGHT

1. An order discharging the registration made under the Personal Property Security
Act, R.S.B.C. 1996, c. 359, on or about March 2, 2012 bearing Base Registration
No. 615826G;

2. An order enjoining the Respondents Peter Allan August-Sjodin, also known as
":Sp17uw-Sqalemc" and the same :Sp17uw-Sqalemc, also known as Peter
Braun, Rain-Maker Penner August-Sjodin, Jonah-Raven Penner August-Sjodin,
Michael Dean Fraser, also known as Whea-Hey-Ukt-Chuk and the same WheaHey-
Ukt-Chuk, :Sq17uw-Sqalemc: Sewepemc Tribal People and Whea-Hey-Uktchuk:
Nuu-Cha-Nulth People, from filing any further registrations in the PPSA
Registry without prior leave of the Court;

3. Damages pursuant to s. 69(4) of the Personal Property Security Act, RSBC
1996, c. 359, either as assessed or pursuant to s. 58 of the Personal Property
Security Regulation, BC Reg. 227/2002 as against the Respondents Peter Allan
August-Sjodin, also known as ":Sp17uw-Sqalemc" and the same :Sp17uwSqalemc,
also known as Peter Braun, and Michael Dean Fraser, also known as
Whea-Hey-Ukt-Chuk and the same Whea-Hey-Ukt-Chuk, :Sq17uw-Sqalemc:
Sewepemc Tribal People and Whea-Hey-Ukt-chuk: Nuu-Cha-Nulth People;

4. Special costs payable on a solicitor and own client basis.

If anyone wants to check out the Personal Property Security Act be my guest;

http://www.bclaws.ca/civix/document/id/ ... g/96359_01

I couldn't make any sense of it. As far as I understand the situation the respondents had put the equivalent of liens on the properties of the petitioners. Not surprisingly they wanted them removed and the respondents barred from pulling this stunt again.

I discussed this document with a lawyer and he pointed out a real weakness in the Personal Property Security Act that the respondents exploited. The petition stated;

13. On or about March 2, 2012, the Respondents Peter Allan August-Sjodin in the name Peter Braun and in the name Peter Allan August-Sjodin, Rain-Maker Penner August-Sjodin, and Jonah-Raven Penner August-Sjodin (the "Respondent Debtors") purported to give a security interest in, amongst other things, the entirety of Quaaout Indian Reserve No. 1 to the Respondents :Sp17uw-Sqalemc - Sewepemc Tribal People and Whea-Hey-Ukt-Chuk: NuuCha- Nulth People in the form of a trust indenture and the Respondents filed a notice of security interest in the Personal Property Registry bearing Base Registration No. 615826G.

Note the phrase "notice of security interest". You don't have to actually file a security interest in a property to cause the property owner problems. You just have to file a notice saying you might do it one day, some day, whenever. It costs nothing to file a notice except for the paper it is written on. So the respondents put the equivalent of a lien on the entire reserve without actually doing anything at all. Apparently it caused the Band a lot of problems because outside parties treat the notice as the equivalent of an actual security interest since, in the real non-Freeman world, people follow through on the notices. Not our motley crew however, they just filed a notice and left it at that.

There is no reason given in the documents why the respondents had done this in the first place. No doubt something really stupid because, as we shall soon see, the respondents are Freeman type idiots.

The respondents said they had a "true bill" entitling them to do this. How did this true bill come into being?

16. In the March 9, 2012 edition of the Lakeshore News, a "Legal Public Notice"
appeared. The "Legal Public Notice" made reference to "BRITISH COLUMBIA
PERSONAL PROPERTY SECURITY AGREEMENT BASE REGISTRATION
LIEN #615826G".

17. In the same "Legal Public Notice", it is stated in part as follows:

KNOW ALL MEN BY THESE PRESENTS, BE IT VERIFIED AND NOTICE. For the sp17uw-sqalemc/ :whea-hey-ukt-chuk are with the claim-right of PETER ALLAN AUGUST-SJODIN©TM, RAIN-MAKER PENNER AUGUST-SJODIN©TM, JONAH-RAVEN PENNER AUGUST-SJODIN©TM, WILLIAMS CHARLES EDWARD COLLINS©TM, INDIAN ESTATE OF TREVIS FRANK AUGUSTSJODIN ET AL, INDIAN ESTATE OF TRACY ANN AUGUST-SJODIN, LITTLE SHUSWAP LAKE INDIAN BAND©TM (INDIAN BAND #689) AND QUAAOUT INDIAN RESERVE #1 ©TM by the authority of the secured parties .... For the sp17uw-sqalemc/: whea-hey-ukt-chuk are with the claim that all unauthorized use of the Trade-names/Trade-marks or derivations thereof will invoke the issuance of a True Bill of One-Million-Troy-Gold-Bullion per unauthorized use by the authority of the secured parties .....

A tried and true name copyright scam. August, our fingerless Freeman wasn't thinking small change either, he wanted a million ounces of gold for every violation. The Band served him with a letter telling him to stop all this foolishness and he responded with;

21. In response to the letter addressed to Peter August-Sjodin, the Respondent Peter Allan August-Sjodin issued a Notice of Copyright Violation and Notice to Third Party lnterveners and Debt Collectors (the "Notice") to legal counsel of the Band and others.

22. After legal counsel of the Band and others had not responded to these Notices, the Respondent Peter Allan August-Sjodin caused a "True Bill" to be issued to legal counsel of the Band claiming a debt owed in the amount of 24,011,850.00 "Fiat Currency USO payable in Gold Bullion to PETER ALLAN AUGUSTSJODIN ©TM".

23. The Respondent Peter Allan August-Sjodin has also carried out similar exercises with the Petitioner Felix Bevar Arnouse, Band Councilors Brian Finlay and Tess Tomma, former Band Administrator Randall Martin, Band employee Jeff Lee, and process server Norma Harisch, amongst others. In each case, the Respondent Peter Allan August-Sjodin caused a True Bill to be issued to each such person. 24. These "True Bills" were allegedly the basis for the amendment of the Base Registration No. 615826G by adding these True Bills as additional collateral.

There were of course a few problems with this cunning plan. The Act doesn't allow you to secure an interest in real property and Indian Band land cannot be secured in any case. In any event a security interest can only be filed if there is an outstanding debt and the only evidence of one was based on OPCA Freeman name copyright bullshit.

So the petitioners wanted the court to make an order giving them the relief detailed above. And four months later it did;

http://www.mediafire.com/view/dw315u166 ... _Order.pdf

While the order had costs included there was still the matter of special costs for the respondent's frivolous actions. The petitioners got that in early 2015 with a cost order for $27,497.

Totally pointless since August was dead broke as is evident from a document in the next squabble and the other respondents were probably the same.

http://www.mediafire.com/view/pxhxj7e2h ... _Costs.pdf

On to August's next court battle with the Band. In early January 2015 he filed a court claim over a minor grievance about a towed private traveling device;

http://www.mediafire.com/view/g0o66cyyn ... _Claim.pdf

ON OR AROUND SEPTEMBER 10. 2014 THE LITTLE SHUSWAP LAKE INDIAN BAND ADMINISTRATION APROVED THE TOW OF MY INSURED PRIVATE TRAVELING DEVICE AND REMOVED IT OFF RESERVE. UPON FINDING THAT THE DEVICE WAS TOWED FROM THE PLACE WHERE IT WAS LEFT. SPOKE TO CONSTIBLE LAURA FORD OF THE CHASE RCMP AND SHE STATED THAT SHE DID NOT CALL THE TOW. AS IT WAS AN INSURED AND ON THE INDIAN RESERVE. LSIB ADMINISTRATION WAS GIVEN NOTICE OF THE VALUE OF THE TRAVELING DEVICE AND REPEATELY REQUESTED TO RETURN THE DEVICE OR ITS VALUE ($20.000 AS PER ATTACHED LIEN.VERBAL NOTICE: SEPTEMBER 12. 2014. WRITTEN NOTICE GIVEN: OCTOBER 29 2014. FOLLOW UP CONVERSATION WITH BAND ADMINISTRATOR STEWART ADAMSON: NOVEMBER 12. 2014.HE SAID THAT CHIEF AND COUNSEL HAD NOT MADE A DECISION YET TO DETERMINE IF THEY WOULD REIMBURSE. REPEATED IN PERSON CONVERSATION WITH STEWART ADAMSON DECEMBER 1 2014. DE EMBE 8 2014 CLAIM FILED ITH BC SM. COURT KAMLOOPS. / ,

Note the OPCA hallmarks in the filing, fingerprints everywhere, postage stamps, "traveling device", UCC notification.

However there was the issue of his indigent status. He requested that he be exempted from paying court fees because he lived on public assistance;

http://www.mediafire.com/view/n832hbodg ... cation.pdf

Application granted.

Not surprisingly the Little Shuswap Band had a different story to tell. An unidentified, uninsured, apparently abandoned vehicle dumped on the Bands property with no explanation why it was there.

http://www.mediafire.com/view/4b7q2bad2 ... sponse.pdf

So they had it towed. Our hero had to give the tow operator a second vehicle as security to get the towed vehicle out of hock but he wouldn't or couldn't pay the tow fee so the company sold the vehicle they held. The Band said that everything that happened was his own fault;

18. The towing by Flatline of the First Vehicle is the result of the Claimant's actions, particulars of which include: (a) leaving the First Vehicle unattended for a number of days in the Parking Lot without right to do so, (b) failing to affix a current insurance coverage sticker to the First Vehicle, and (c) not obtaining prior authorization from the Skwlax Gas Station employees or from the administration of the LSLIB to leave the First Vehicle parked in the Parking Lot for a number of days.

20. In answer to the whole of the Notice of Claim, the Claimant was the author of his own misfortune.

Not surprisingly the court agreed, dismissed the filing, and awarded $3,000 costs to the band. Since they had about as much chance of getting it as winning the Powerball they waived it as part of the settlement;

http://www.mediafire.com/view/dov3k1zte ... _Order.pdf