I was married to my spouse for 26 years. He walked out and…
I was married to my...
I was married to my spouse for 26 years. He walked out and left me responsible for all of the family debt. A separation agreement was extorted from me and in it I was forced to give up my share of his union pension and welfar plan. After the agreement was signed and I got the family home in my name he presented me with yet another document to sign to once again give up my rights to his very generous pension and welfare plan. I refused to sign the additional document and he went to court to try to force me to sign the document. The master ruled that I had to sign the additional document, what happens if I refuse to do so? I have already lost well over $500,000 in assets and his equity portion of the home was only $93,000. This decision is completely unfair. He had legal representation, I had none! He gave up custody and guardianship of the children and pays $300 below the support calculator amount required. The case invoked grievous family violence that the court has completely ignored. He defaulted on $400,000 in life insurance and left me with a $412,000 mortgage due to reckless spending. My father got this man his job in the elevator trade to begin with so marrying me basically got him his lucrative career and his generous pension and welfare package! I was a home maker for 23 of the 26 years of marriage and due to not being able to afford legal representation I have been screwed from start to finish. He owes $39,000 in arrears child support and he forced me to pay All the family debts for the ladt 23 months since he left! This must be one of the greatest miscarriages of justice in the supreme family court! He even refused full financial disclosure sighting no funds, after paying his lawyer over $75,000 to basically screw me! What will happen to me if I refuse to sign this document?
Here is the letter I sent :
Ms. Tracey-Lee Rein.
Court File: No.E011161
Court of Registry: Chilliwack
BRUCE BARRY REIN VS TRACEY-LEE REIN
To the Honourable Court:
Out of respect for the BC Supreme Court, I have prepared this statement, and am supplying it to the Court in response to the application being heard on Monday, July 14th 2014; an application bought forward by the Applicant, Bruce Barry Rein.
I am responding in this fashion, purely out of respect for the idea, that this Court, is meant to be a Court of law and justice for all citizens of Canada. However, I once again, advise the Court; that I have yet to receive an ounce of justice in this case. Furthermore, this Court has neither adhered too, nor acknowledged the laws set out in the Family Law Act, in any way shape of form regarding this file No.E011161.
I can no longer present my response in the correct format required by the Court, due to the results of the financial, physical, and mental abuse of myself, and indeed my children, by the Applicant, the Applicant’s former lawyer, Mr. ***** ***** of Baker Newby, and the Chilliwack, BC Supreme Court itself.
The Family Law Act clearly defines actions that constitute “family violence”, the new act was passed, and put into place, to, “make the best interest of the child” the litmus test for rulings in Family Law cases, and, in part, to better define Family Violence in order to protect vulnerable women and men like myself, and their children, from the kinds of abuse my family and I have suffered for over 23 months.
Based on numerous documented facts submitted to the Court, in this file No. E011161; the BC Supreme Court has willfully ignored and failed to implement both of the above mentioned purposes of the Family Law Act.
In case No. E011161, my experience of both the Legal Aid system, and of being forced by the legal system itself, to self-represent, against my wishes, and better judgement, has been entirely negative, and utterly futile. As a result, I am now financially, physically, and emotionally unable to respond to Mr. Rein’s Application, in the onerous, expensive, and time-consuming format, required by this Court. With this in mind, I hereby advise the Court that I refuse to expose myself and my children to any further abuse, by both the Applicant, and this Court.
This Application has been brought before the Court by the Applicant to apply for orders using the Separation “Agreement” filed with the Court on March 26th 2014. An “agreement” I was forced to sign with its present wording, and content, only after unlawful pressure, tantamount to extortion, was applied to me, by both the Applicant, and the Applicant’s former lawyer Mr. ***** ***** of Baker Newby, Chilliwack.
Please find the attached letter emailed to Mr. ***** *****, of Baker Newby, on March 17th 2014 as proof of my level of desperation in this case. In the letter, I state:
“Please draw up my divorce settlement contract for me. Put whatever you like into it. Anything your heart desires. Put it into the settlement agreement, and forward it to me immediately, so that I can sign it, without even bothering to read it, and have it back to you within an hour.”
I believe the rest of the content of this letter, speaks for itself.
This Separation “Agreement” was secured for the Applicant, by Mr. ***** *****, while I was, and still am today, under extreme duress, and suffering from both, Chronic Stress Disorder and Post Traumatic Stress disorder. The Court, Mr. Lee, and Mr. Rein are all in receipt of several letters from my physicians, Dr. Melck and Dr. Koehler, stating that my health and medical conditions were, and are, being made exceedingly precarious due to both the act of Family Violence committed by Mr. Rein and Mr. Lee and, the litigation abuse I have faced in this case.
Due to the above facts, I refuse to adhere to Paragraphs 5, 6(b), 9, 10, and 11, contained in the current Separation “Agreement” filed with the Court..
I advise the Honourable Court, that regardless of the outcome of the July 14th hearing, I will not now, nor will I ever, sign any outstanding document(s) that involve me waving my rights to all of the Applicant’s Canadian Elevator Industry Welfare and Pension plan. I consider Paragraph 6(b) to be illegal and totally against the spirit and intent of the Family Law Act. It most certainly, in NO WAY, takes the “best interests of the children of THIS marriage, into consideration!
I do not consider the content of Paragraph 6(b) to be in any way, a fair division of property, for the following reasons.
1. That, it is not in the best interest of the children of the marriage.
2. That, I was married to the Applicant for a total of 26 years.
3. That, in 1986 when I met the Applicant he was employed as a line cook and had been working at a series of Bar & Grills, earning just above minimum wage, and the Applicant was already $9,000 in debt.
4. That, only at my insistence and as a condition of our marriage did the Applicant gain employment in the elevator, and escalator trade. This was accomplished thru my father, Colin Genders, who was the construction manager at Montgomery KONE, in Miami, Florida, at the time.
5. That, my father, Mr. Colin Genders was the Applicant’s manager for most of the formative years in the Applicant’s career. As such, my father actively helped ensure Mr. Rein was guided to success, and never “laid off” from work, during our marriage.
6. That, I and my father, Colin Genders were instrumental in gaining the Applicant entry into the International Union of Elevator Constructors (IUEC).
7. That, it is a fact, that solely due to the Applicant’s marriage to me, he was able to obtain initial employ in the escalator, and elevator trade union.
8. That, only and as a result of becoming a member of the International Union of Elevator Constructors did the Applicant receive the generous benefit package supplied by the Canadian Elevator Industry Welfare and Pension plan. A plan I have benefitted by throughout my life, first with my father and then, with the Applicant, as his wife and beneficiary.
Furthermore, I will ask that the Court consider the following facts:
1. That, after a serious car accident in 1990, I lost my own very promising career with the Royal Bank of Canada.
2. That, in 1993, I was awarded a claim for compensation for pain and suffering, and for the loss of my future career, in the amount of $125,000, after Court costs, and lawyers’ fees, the actual amount received, by myself, was $75,800 and of this amount, I personally spent only $800.
3. That, I invested the remaining $75,000 in a down payment, on the first marital home, purchased by the Applicant and myself.
4. That, at the time of selling the first marital home, located at***** Tsawwassen, BC V4M 2H3 in 1997, my initial investment in that property had grown to approximately $107,000.
5. That, I invested the full sum of $107,000 directly into the present home at,*****Chilliwack, BC V2R 4M6.
6. That, the marital home at***** Chilliwack; was appraised in December 2013 and found to have a value of $584,000.
7. That, the mortgage at that time, was approximately $398,000.
8. That, the $584,000 appraised value of the home, minus the $398,000 outstanding mortgage, resulted in approximately $186,000 in equity.
9. If the equity in the marital home was divided in half; the Applicants share of the equity would have been approximately $93,000 - maximum.
10. That, my personal investment of $107,000 in the marital home must be taken into consideration when making any decision regarding the division of family property, in accordance with Section 85(1) Subsection C, of the Family Law Act.
11. That, from September 27th 2012, until my emergency hearing for support on September 25th 2013; I personally, was forced, first by the threats of the Applicant, and then, by the actions of the Applicant and his lawyer, Mr. ***** *****’s, to pay over $28,000 of the Applicants own personal debt in Mr. Rein’s name only.
12. That, the Applicant forced me to pay virtually every single debt incurred throughout our 26 year marriage since abandoning the marriage, and children of the marriage, on September 27th 2012.
13. That, I was forced by the Applicant, to solely pay our joint mortgage in the amount of $50,136.00 from the date of separation, on September 27th 2013 up until the Applicant released himself from the mortgage, and I refinanced the home in my own name.
14. That, I was forced to pay all of the family debt, and the Applicant’s personal debt, despite the Applicant’s false statements and inaccurate sworn financial statement to the contrary. This can be proven simply by the Court, taking the time required to review my bank statements. All of which, have been submitted, collated, annotated, and colour coded, for that purpose, in this case.
15. That, despite the Applicant’s claim that he paid “support” prior to the Interim Order for Support, in reality, I received not one single cent of child or spousal support, from September 27th 2012, to the date of my hearing for Interim Support on September 25th 2013.
16. That the Applicant has systematically destroyed me financially, emotionally and physically with constant unfettered acts of family violence, as defined in the Family Law Act, and to date, the court has done absolutely nothing, to either stop the abuse, or punish the Applicant for his and/or his lawyer, Mr. Lee’s actions.
17. That, the Applicant defaulted on a $250,000 life insurance policy on himself and a $150,000 life insurance policy on me. The $400,000 in life insurance was a joint family assets, and the Applicant had no right to default on the policies, thus leaving his children penniless, if he (or I) should die an untimely death.
18. That, I have been forced by the Applicant’s actions to pay $86.00 per month on the Applicant’s new $250,000 life insurance policy, a policy I (will possibly) own, in the Applicant’s name. To date, this policy has still NOT been approved by Empire Life Insurance. This irresponsible act on the part of the Applicant leaves the children of the marriage and myself, at the risk of losing everything if the Applicant were to die before the children reach age of majority.
19. That, after much research I have determined that I will never be approved for an affordable personal life insurance policy on myself, due to my ongoing physical and emotional health issues.
20. That, the Applicant’s actions have caused me to lose ALL of my pensions, life insurance, and desperately needed extended health benefits, at a cost of close to $750,000.
21. These facts are once again corroborated by the evidence I have repeatedly submitted in this case. Evidence that appears to have been unread, or ignored, by this very Court.
I will be using these facts, with the corroborating evidence that has previously been submitted to the Court, on numerous occasions, in an effort to finally prove that the Applicant had, and has, no remaining claim to a share of the equity in the marital home, and based on these facts:
I will ask the Court to rule that I be awarded my rightful half share of the Applicant’s Canadian Elevator Industry Pension and Welfare plan benefits.
Eventually, I will be bringing my own Application to the Court, to address these particular issues, and to address the many outstanding issues I have been forced to cope with, thanks to the behaviour of the Applicant, the Applicants Lawyer, and the BC Supreme Court.
Based on the actions and rulings of this Court, it appears that the Court has neglected to consider or, has completely ignored, the clear and unequivocal evidence contained within the Applications and Responses in this file No: E011161; and instead, has relied solely on the uncorroborated “evidence” supplied to the Court, by the Applicant, and his former lawyer, Mr. ***** *****, of Baker Newby.
The only other explanation I can ascertain, for the behaviour of the Court, is that they have chosen, in my case, to completely ignore, many of the laws clearly laid out, and defined, in the Family Law Act.
I am a mother, home school teacher, and a home-maker. I am not a lawyer, despite this fact; I have become intimately familiar with all of the divisions and subsections contained within the Family Law Act over the thousands of hours it has taken me to build my case. My only failing in this regard, is that I did not, and do not, have the knowledge, or experience to verbally present my evidence in Court, with the eloquence or charisma, of Mr. Lee.
Unlike the Applicant, or Mr. Lee, I have not made a single claim to the Court that I have not corroborated with colour coded, annotated, and exquisitely detailed evidence. Evidence that, once again, the Court has obviously either, not read, or has chosen to completely ignore.
It is my firm belief that this Court has made the decision to disregard my evidence in favour of Mr. Lee’s experience, reputation, and influence, within the local legal community. Furthermore, I believe that the Applicant’s choice of Mr. Lee as his legal representative was due solely to the fact that Mr. Lee, is known to be utterly ruthless, and unscrupulous, in the pursuit of his client’s interest.
As a result of the injustice I have faced at the hands of this Court, and the failure of the Court to uphold the laws contained in the Family Law Act, both the Applicant, and the Applicants former lawyer, have been allowed to inflict constant acts of family violence as defined in subsection (d), and (e); with impunity.
It is a fact that, NOT ONCE in the last 12 months have the best interests of MY CHILDREN, EVER BEEN CONSIDERED, by the Applicant, the Applicants former lawyer, Mr. Lee of Baker Newby, or indeed, by the Chilliwack Court itself.
Due to these facts, I am no longer prepared to represent myself in this court and I refuse to participate in yet another spurious hearing, or in any future hearings the Applicant has consistently threatened to serve me with.
I will appear on Monday July 14th 2014, merely as a witness to the proceedings.
These wasteful applications serve only to further damage my physical and emotional health, deplete my meagre financial resources, and fill the coffers of the BC Supreme Court and the legal community who benefit financially from the suffering of families going through the painful process of separation and divorce.
I hereby request that the “Honourable” Court, do what it should have done months ago: and award me with full private legal representation, in order to finally protect my children's and my interests, from further abuse and family violence committed by the Applicant, and to protect both my children and I, from the ongoing neglect of this Court.
In response to the other two orders contained in this Application. The Future Shop loan has been paid by, and will continue to be paid by, me. I have not, and do not, hold the Applicant responsible for payment of this loan. In fact, as the Applicant is fully aware, I am actually many months ahead of schedule, in paying out this loan since making a $1000 over-payment, when I received some funds for my personal mortgage on what is now finally my, and my children’s, own home.
Thanks to the Applicant’s reckless spending habits, and two mortgage refinances that the Applicant forced me to agree to during our marriage, once in 2010, and again just two months prior to abandoning the marriage in 2012, I have, in fact, been made responsible and obliged to pay off virtually every debt ever incurred throughout our 26 year marriage.
The horrendously damaging result of the Applicant’s financial irresponsibility is that I, and my children, have been left in poverty, our standard of living has plummeted and we are now over-burdened with a staggering $412,000 mortgage on a home I had financially planned to own outright, with the Applicant, by his 45th birthday. At the same time, the Applicant illegally pays $300 less than the lowest level of Child and Spousal Support allowed, thanks to erroneous information presented by Mr. Lee at the interim hearing for support.
1. I will, as stated, pay the remaining balance of the Future Shop loan, in the agreed upon instalments, of $79.00 per month, apart from $100.
2. In May 2014, I paid $100 in error, to the Applicant’s Capital One Master Card.
3. The Applicant refuses to reimburse the $100 to me, therefore, as I have no other recourse to recoup my money; I have advised the Applicant, that I will not pay the final $100.00 payment to the Future Shop loan.
4. I have further advised the Applicant that he will be required to do so, in a timely fashion, in order to avoid incurring over $1,300 in loan interest that was postponed on condition that the loan be paid out, within the required 36 month period.
5. I advise the court that I have no spare funds to pay this loan out in full, prior to its maturity date, and at no time did I ever agree to do so. I will not be able, at any time in the foreseeable future, to make another lump sum payment to pay out the Applicant’s Future Shop Loan.
6. This request on the part of the Applicant is made purely to cause myself and my children further financial distress and force my personal mortgage into default.
With regard to the children's passports: At the present time I have no spare funds with which to obtain passports for either, myself, Matthew, or Devon, (two of the four children of the marriage.)
1. I have suggested to the Applicant that if he wishes the passports be obtained at this time, he is welcome to provide me with the funds to do so. The Applicant has refused, despite knowing full well, how financially devastated he has made both myself, and our children.
2. The Applicant refuses, to inform me, of any dates or times that he has arranged to travel outside of Canada. Therefore, it appears there is no pressing need at this time to spend money on luxuries that I cannot afford.
3. I am having great difficulty communicating with the Applicant on this, or any other subject regarding the children. The Applicant has consistently refused to speak to me, text me, call me, or write to me, regarding any important issues I have tried to discuss with him involving the health and well-being of the children of the marriage.
If his or her Honour wishes to know why this document is not in black ink, it is simply because I do not have $19.99 available, at this time, to spend on a black ink cartridge for my printer! The abysmal state of my financial affairs is directly attributable to the financial and litigation abuse of the Applicant, who owes over $38,000 in arrears support payments, and who continues to attempt to sabotage my every effort to successfully raise my children, in my family home.
So much for the Courts, and the Family Law system; making “kids first”.
This statement is, and will be, my only response to Mr. Rein’s Application, to the Court on July 14th 2014 at 9:45 AM.
Cc: Bruce Barry Rein (Via Email)