William "Bill" Tynkaluk, the Leon Frazer & Associates, Inc. director, who was the personal financial adviser of retired Canadian attorney, Lawrence Heath QC, the victim of an $11m fraud, has been noticed to appear, and give testimony, in an Ontario Superior Court case where the plaintiff is seeking the production of his client files and records, from Leon Frazer, his former broker. Neither time has Tynkaluk appeared, as required by law. Denial, and delay, seems to be the pattern of Leon Frazer's dealing with lawful requests for information, from former clients.
During the past four months, Leon Frazer, where Tynkaluk has been a director for decades, has deliberately and intentionally delayed his testimony, alleging a number of bogus reasons why it will not produce him to testify, and to produce books and records:
(1) Leon Frazer claimed that he had recently resigned from his director post, and therefore he could not appear, or produce firm records. This position has no support in the law.
(2) Leon Frazer alleged that it had produced all the records it had on hand. Leon Frazer has been completely uncooperative, delivering a small number of documents, after an extensive delay.
(3) Leon Frazer delayed the proceeding, by claiming that the two law firm partners handling the case were off on an extended summer holiday. Notwithstanding this transparent excuse for delay, an associate has been handling the case exclusively for several months.
(4) After he was served with a notice to appear, Leon Frazer intentionally relocated Mr. Tyunkaluk to a resort, to deny the victim the ability to locate him, to examine him under oath, regarding allegations of financial misconduct at Leon Frazer.
(5) Leon Frazer's counsel brazenly offered to produce him for testimony in December, an obvious effort at delay.
When you add all these dilatory actions up, Leon Frazer appears to have obstructed justice, in this case and in a companion case, known popularly as the Cayman Gang of Four scandal, where more than $450m, of funds belonging to more than sixty Canadian retirees and pensioners, which is pending in the Grand Court of the Cayman Islands, is missing. It is not known exactly how much of the victims' missing funds was illegally diverted by Tynkaluk, when the victims maintained accounts at Leon Frazer, and that is one of the purposes of the request for his testimony, and production of client documents, in the civil suit.
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