Lawrence Heath QC, the retired Canadian attorney who is suing Northland Wealth Management, Inc., to find out why the $13m, that was entrusted to Northland, as his advisers, is missing, is suffering from declining health, as the direct result of the extensive delays Northland has inserted in his pending civil suit against the company, according to sources close to the victim. The delays, which have been characterized as intentionally dilatory, and made in bad faith, have resulted in scant progress during the past six months, and some of the legal tactics definitely are borderline unethical.
The plaintiff's counsel, according to the victim, has been presented with a very large number of unexcused delays, in returning telephone calls, as well as correspondence, in making defense counsel available for conference calls, available for hearings, and for examination for discovery. Every dilatory effort to delay the progress of the case has been made, or attempted, to the extend that allegations of bad faith have a factual basis, in the history of the case.
For example, the defense has never filed a response to the Statement of Claim, filed six months ago, which is due, pursuant to the Rules of Civil Procedure, twenty days after service is effectuated. No Statement of Defense can be found as having ever been filed. Without a filed Defense, the plaintiff cannot respond and reply to the same, and also cannot create a written discovery plan.This is prima facie evidence of a deliberate intent to delay and hinder the proceedings.
There have been several months of repeated delays, all of which have adversely impacted the plaintiff's health, and he has suffered damages as the direct result thereof. So, in addition to being without his assets, his overall health has declined substantially, the proximate cause of which is the intentionally dilatory conduct of the defense, by Northland Wealth Management, Inc.
One wonders what the judge presiding over the case, at the Superior Court of Ontario, will say about this misconduct, when it is brought to his attention.