CMHC recommending CAHPI National

[Claude Lawrenson]

Raymond you have a right to file an official complaint. I am not here to judge or take any claim based on an open forum as gospel. If that was the case I could find a full time position dealing with much more than a few issues that are raised here alone. Than again is it a provincial association matter, a national matter, or both? Or are you assuming that this has not been dealt with by another authority.

Until than it is an open discourse presented on this forum based on.......????? But remember please for the the file to be given serious consideration and move forward - provide substantiaited documentation - aka proof of the alleged claim. Also remember the other party involved also has a right to offer their side of the issue.

Again, it also up to the committee, not just "one" person to decide to investigate and pursue resolution or to release the matter, based on lack of information/or adequate info to verify the allegations.

[Claude Lawrenson]

Ray again your issue betwenn OAHI is an issue to bring forward to OAHI not CAHPI National.

[Roy D. Cooke, Sr]

Originally Posted by clawrenson

More to the point - the bickering here will explain a lot about the issue. However, I do agree there is a need for "civil" and "constructive" dialgue.
That will not happen until all parties move forward with an open mind, and not participate in the previous old "pissing" contests in dragging up old issues. (I am not placing blame - I am only stating what has transpired based on past experiences)

We seem to have tried that but we seem to end up buried back in the same old muck and mud slinging mode!

I agree and it would be great if CAHPI would just answer some of the many questions they have been asked .
I can only hope it comes about before lots of money gets spent .
You have seen a few here who have pledged $500:00 and I can assure you there have been others who do not wish there name to come out do to the attitude of the CAHPI and OAHI directors and the way they could be treated .
The choice is CAHPI's to start and see if we can get this going in the correct direction .
This could lead to a very serious split and give out a lot of information that I think would be much better left alone .
Its up to CAHPI if they would like this to end before it get started .
I expect if we can not get this settled then it could get very dirty.
All the Best CAHPI your turn.

Roy Cooke

[rwand1]

Sorry no its not. Its in the Name, CAHPI-OAHI. Even the name has been improperly changed without by-law ammendment and membership approval.

Keep dreaming Claude you are in denial big time.

[Roy D. Cooke, Sr]

Originally Posted by clawrenson

Ray again your issue betwenn OAHI is an issue to bring forward to OAHI not CAHPI National.

Claude you are just kidding your self CAHPI and OAHI are all comming from the same stock all have the same dictatorial attitude.
All hate NACHI and the NACHI members .
You all try and let on you are far Superior then every one else .
Well guys you have got a hole of an alligator by the tail and when you let go its going to bight you big time .
If you have any smarts you will soon understand that the end is comming and as Bill says after the CAHPI Conference there will be no more NACHI .
Well for you to understand he is close and if we all do not get along you can be sure NACHI for sure will be Bigger and better then it is now .
Do not think for a second I am kidding Bill and all his Bull ***** and false stories might have convinced a few for a while .

Roy Cooke

[Shawn C. Penney]

Hi Raymond,

I will assist with your regional issues.

Please remember non-corporation are registered. There are checks and balances required to be tabled and registered..officers/bylaws/financial statements etc...... Not to mention associations rules and regualtions pertaining to societies and how they handle complaints.Society regulations are available also. There are many rules/guidlines/procedures and i will guide you ferensicly on all regional issues.The corporation is also registered as a prosessional occupation and it in itself is detailed with due process applications.

cheers

Shawn

[rwand1]

I am always willing to be proven wrong, and in that regard I challenge anyone from OAHI to post evidence that the CAHPI-OAHI has enacted a by-law change which would support use of CAHPI-OAHI. I have a copy of the by-laws can't find it anywhere, and I certainly don't see the minutes of any meetings of the Board which would support the change with support of 2/3 of the members.

Please someone, anyone show me where I am wrong or prove me wrong!

I know one Director by the name of G. Quackenbush said I was wrong sometime ago. I mean if one makes a statement one should be able to be able to prove by means of by-laws or minutes that support that change; right? How could anyone provide a defensible position if they can't point out the section of the by-law granting that power? Do you think a court would rule in favour of powers not granted in the by-laws? Case law suggests the answer is an overwhelming NO!

Its just like the CHI issue. When asked where in the by-laws that power to discipline members for use, no one can provide appropriate sections of any by-law.

Please provide proof so that I may see the light of my wrongs.

[Vern Mitchinson, CMI]

Originally Posted by clawrenson

Ray again your issue betwenn OAHI is an issue to bring forward to OAHI not CAHPI National.

The above advert quotes from OAHI have been broad cast in Ab so it is very likely promoted by CAHPI. As the overall assoc. CAHPI should be stopping this slanderous advertising. Thus they are responsible and should be included in any proposed legal action.

[rwand1]

Vern provincial associations dovetail with the National, as they make up CAHPI. The sum of the parts make up the whole.... No one in Ontario can be assured of anything because of the issues OAHI has demonstrated.

Are these sort of issues/games prevelent in Alberta or anyother province for that matter?

If anyone has a media contact please email me off the list
raymond.wand@sympatico.ca

[Shawn C. Penney]

Hi Colleagues/professionals/plantiffs,

Please take the time to read the information provided as we await the game of dominos.

To start your action you first need to document the details first (evidence). The next thing is to shoot for the defendants lists. Remember, when you shoot, you don’t shoot a rifle bullet but rather as a shot-gun approach, that way the shots spread and you get more ducks. What you have now accomplished is MORE DEFENDANTS, more exposure, defendants panic. Next is the paper trail (defendants start scrambling by now).Now the fruit of your labor, the juicy stuff gets interesting. Now the paper delivery, notice of attendance, affidavits, witnesses (you are very strong here) and the cost start. It is easier to sue than to defend when you have the documentation to booth. Below is a limited and brief example of the legislation that would be considered. Later, I will include statutes and regulation judicially considered/decided (persuasive evidence). Now the game begins. This example is straight forward and gets easier with little practice and guidance. Remember, in Canada particularly, the politicians have had their share of scandals and corruption (focusssss mediaaaaa exposureeee).

Business Corporations Act, R.S.A. 2000, c. B-9
Societies Act, R.S.A. 2000, c. S-14
Professional and Occupational Associations Registration Act, R.S.A. 2000, c. P-26
Arbitration Act, R.S.A. 2000, c. A-43
Alberta Bill of Rights, R.S.A. 2000, c. A-14


Originating Notice
Use this form to start a court action and to notify the court and
the respondent that you will be making a court application.
Before filing the Originating Notice, make sure that:
q your full name and the respondent’s full name are included
in the form and on the backer
q the location, day and time of the application is included
q you set out everything you are requesting from the court
q you give a brief statement of your reasons for making this
application
q the address where you wish to be served and your contact
phone number are included on the backer
q you make 3 copies of the original (total of 4 with the
original)
q you must file an Affidavit with the Originating Notice to
provide the court with the evidence to support your
application
There will be a filing fee of $200, payable when you file the
Originating Notice. You may pay by cash, Visa, Mastercard or
Interac.


Action No: _______________________
YOUR COURT ACTION NUMBER
IN THE COURT OF QUEEN’S BENCH OF ALBERTA
IN THE JUDICIAL DISTRICT OF ________________________________
BETWEEN:
_____________________________________________
YOUR NAME Applicant
- and -
_____________________________________________
OTHER PARTY’S NAME Respondent



ORIGINATING NOTICE
TAKE NOTICE that an application will be made on behalf of the Applicant,
_________________________, before the presiding Justice in Chambers, Court House,
YOUR NAME
__________________________________, Alberta, on ________________ the _________ day of
NAME OF CITY, TOWN, ETC WEEKDAY DATE
____________, ________, at the hour of ________ o’clock in the ___________ noon or so soon
MONTH YEAR TIME ‘FORE’ OR ‘AFTER’
thereafter as the Applicant may be heard, for an Order for the following relief:
1. __________________________________________________ _________________________
DESCRIBE WHAT YOU WANT — YOU MUSTSTATE EVERYTHING THAT YOU ARE ASKING THE COURT FOR
__________________________________________________ _________________________
AND FURTHER TAKE NOTICE that the grounds upon which the Applicant relies are as follows:
1. __________________________________________________ _________________________
GIVE A BRIEF STATEMENT OF THE REASONS YOU ARE MAKING THIS REQUEST AND THE STATUTES AND RULES YOU ARE RELYING ON
__________________________________________________ _________________________
AND FURTHER TAKE NOTICE that in support of this Application will be read the Affidavit of the
Applicant, copies of which are served herewith;
Dated at the City of _____________, in the Province of Alberta, this _______ day of
CITY/TOWN DATE
________________, ________.
MONTH YEAR
___________________________________
Clerk of the Court (SEAL)
This Originating Notice was taken out by _____________________, the applicant, whose address is
YOUR NAME


YOUR FULL ADDRESS, INCLUDING POSTAL CODE, AND PHONE NUMBER
and whose address for service is the same.
Originating Notice page 1 of 2
Revised April, 2001

IMPORTANT NOTICE TO RESPONDENT:
You are hereby notified that if you do not
attend either in person or by Counsel before
the said Judge or Master, as the case may be,
at the time and place aforesaid, the Order
asked for herein may be made in your
absence or such other Order may be made or
proceedings taken as according to the practice
of the Court the Applicant is entitled to take
without any further notice to you.
If you want to present any evidence to the
Judge hearing this application you must:
l make an Affidavit, sworn or affirmed
as true before a Commissioner for Oaths
or Notary Public;
l file the Affidavit with the Clerk of the
Court;
l make sure the Applicant’s lawyer (or
the Applicant if he or she does not have a
lawyer) receives the Affidavit at least 24
hours before the hearing.
If you wish to respond to this application, you
or your lawyer are required to attend at the
Court House on the date and time identified.
Action No: _______________________
YOUR COURT ACTION NUMBER
IN THE COURT OF QUEEN’S BENCH OF ALBERTA
IN THE JUDICIAL DISTRICT OF
________________________________
BETWEEN:
______________________________
YOUR NAME Applicant
- and -
______________________________
OTHER PARTY’S NAME Respondent

[Shawn C. Penney]

JUDGE and JURY

CAHPI

ALBERTA

Canadian Association of
Home & Property
Inspectors


Buyer Beware of
Fancy Titles

There is no such thing as “Nationally Certified” or what does it mean to be “fully certified”
Only the CAHPI Alberta Logo and the RHI designation assure you that you will be working with a professional Home Inspector.
We have all seen on T.V and read in papers about the horrible things that can go wrong after the home has been purchased.
Many inspectors have come and gone “back home”___________________Ltd. Formally __________________________Enterprises, have been in Fort McMurray for over 35 years. Were proud of it –this is our home.



Brought to you by:




What I can tell you is, this same individual was acknowledged by National for his/her contributions and is the vice president of regional chapter. Is this what an associate, applicant, RHI or NACHI member can expect from regional/National representation?

CONNECT PAPER for actual article or email me for attachment.

Lets see what the honorable judge will think when he/she examines Defamation Act. and other supporting documents and originating notice.

[Shawn C. Penney]

PLEASE READ THE EXAMPLE REGULATIONS AND STATUTES AS THEY APPLY HERE IN ALBERTA. THESE RULES ARE NOT EXHAUSTIVE AND SHOULD NOT BE LIMITED. THERE ARE NUMEROUS OTHER OBLIGATIONS REQUIRED BY YOUR REGIONAL PROVINCIAL MEMBER THAT I DON'T HAVE THE SPACE FOR. WE WILL LOOK A LITTLE CLOSER AT THE UPCOMING EXAMPLES LATER.PLEASE EMAIL ME IF YOU NEED HELP LOCATING YOUR VERY OWN STATUTES/REGULATIONS. REMEMBER, DO YOUR CORPORATION SEARCH (go to google enter the words BUSINESS CORPORATION and YOUR PROVINCE or TERRITORY the registrar address and phone number will appear)VISIT THEM AND GATHER THE NECESSARY RULES AS I HAVE ARTICULATED AND THEN WE MOVE TOWARDS. THE LEGAL DATA BASES AND WHERE ALL THE CASES ARE CITED AND REPORTS STORED IS NEXT.

Societies Act, R.S.A. 2000, c. S-14
Rescission, etc. of bylaws
15(1) The bylaws of a society shall not be rescinded, altered or added to except by special resolution of the society.
(2) No rescission or alteration of or addition to a bylaw has effect until it has been registered by the Registrar.
(3) If the Registrar is of the opinion that a bylaw is not in accordance with the application for incorporation or that it contains anything contrary to law, the Registrar shall refuse to register it.
16(1) A society may, by special resolution, alter its objects
but the resolution does not take effect until the Registrar has approved and registered it.
(2) A notice of the alteration of objects shall be published, at the expense of the society, in The Alberta Gazette or the Registrar’s periodical published under the Business Corporations Act.
RSA 1980 cS‑18 s12;1983 c22 s6
Powers of society
(2) The funds and property of the society shall be used and dealt with for its legitimate objects only and in accordance with its bylaws.
Limitation of liability of members
21 No member of a society is, in the member’s individual capacity, liable for a debt or liability of the society.
Filing special resolution
28 A society shall file with the Registrar every special resolution passed for any purpose mentioned in this Act.
RSA 1980 cS‑18 s24


Verification of notice, etc.
29 Every notice, return or resolution required to be filed with the Registrar shall be dated and verified by a person having knowledge of the affairs of, and who is authorized by, the society on whose behalf the notice, return or resolution is made.
RSA 1980 cS‑18 s25
Register of members, etc.
36(1) A society shall keep a register of its members containing the names of the applicants for incorporation and the name of every other person who is admitted as a member of the society, together with the following particulars of each person:
(d) the class of membership of the person, if the society has classes of members.
(3) A society shall, within a reasonable time of receiving from a member of the society a request to provide to the member a copy of the register, the annual list of members or an excerpt from any one or more of them and on payment by the member of a sum not exceeding $0.25 for every 100 words to be copied, provide to that member the copy of the register, list or excerpt so requested.
RSA 1980 cS‑18 s31
Professional and Occupational Associations Registration Act, R.S.A. 2000, c. P-26
Definitions
1 In this Act,
(a) “association’s register” means the register of a registered association;
(b) “bylaws” means bylaws under section 15;
(d) “conduct” includes any act or omission;
(f) “investigated person” means a member of a registered association with respect to whose conduct a complaint has been made and an investigation or hearing is held or may be held under this Act;
(i) “registered association” means a professional or occupational association registered under this Act;
(j) “Registrar” means the Registrar of Registered Professional and Occupational Associations;
(k) “regulations” means regulations under section 14.
1985 cP‑18.5 s1
Register
4(1) The Registrar shall establish and maintain a Register of Registered Professional and Occupational Associations showing
(b) the designated title of the members of each registered association,
(c) a description of the field of practice of members of each registered association,
(d) the names of chairs of the Discipline Committees and the officers of the registered associations,
(2) The Registrar shall, during regular office hours, permit the inspection of the Register by any person.
1985 cP‑18.5 s4
Governing body and officers
13(1) The governing body of a registered association shall manage and conduct the business and affairs of the registered association and exercise the rights, powers and privileges of the registered association in the name and on behalf of the registered association.
(2) Officers of the registered association shall be elected in the manner and for the term prescribed in the bylaws.
Making a complaint
20(1) A person who has a complaint that the conduct of a member of a registered association constitutes
(a) unskilled practice of the profession or occupation, or
(b) professional or occupational misconduct,
may submit a signed, written complaint to the chair.
(2) Proceedings on a complaint with respect to a member of a registered association whose registration was cancelled or suspended pursuant to this Act may, notwithstanding the cancellation or suspension, be commenced within one year following the date of cancellation or suspension as if the cancellation or suspension had not occurred.
1985 cP‑18.5 s20
Notice of complaint
21(1) On receiving a complaint under section 20, the chair shall serve notice of the complaint on the member of the registered association named in the complaint.
(2) The notice shall include a request for a written response to the complaint in accordance with the regulations.
(3) Within 30 days after service of the notice under subsection (1), the chair shall direct
(a) that no further action be taken, if the chair is satisfied that the complaint is frivolous or vexatious, or
(b) that a hearing be held before a Discipline Committee not more than 60 days after receipt of the complaint, or within any longer period on which the chair and the member agree, to consider the complaint.
1985 cP‑18.5 s21
Notice of direction
22(1) The chair shall serve the investigated person and the complainant with notice of any direction made under section 21(3).
(2) A complainant who is served with a notice informing the complainant that a direction under section 21(3)(a) has been made may, within 30 days after receipt of the notice, appeal that decision to the governing body of the registered association by a signed written notice served on the president of the registered association.
(3) On an appeal under subsection (2), the governing body shall at its next scheduled meeting determine whether
(a) the complaint is frivolous or vexatious, or
(b) the complaint should be referred to the Discipline Committee for a hearing in accordance with this Act and, if so, the time limits, if any, within which the hearing must be held,
and shall serve its written decision on the complainant, the investigated person and the chair.
1985 cP‑18.5 s22
Notice of hearing
23 If a hearing is to be held pursuant to section 21(3)(b) or 22(3)(b), the chair shall, at least 30 days before the hearing, serve on the investigated person and the complainant a notice stating the date, time and place at which the Discipline Committee will hold the hearing.
1985 cP‑18.5 s23
Adjournment
24 A Discipline Committee may adjourn a hearing from time to time.
1985 cP‑18.5 s24
Suspension
25 Notwithstanding anything in this Act, a Discipline Committee may suspend the registration of an investigated person pending its decision on the complaint.
1985 cP‑18.5 s25
Counsel
26 The investigated person may make oral representations and be represented at a hearing by an agent or counsel.
1985 cP‑18.5 s26
Private proceedings
27 All proceedings before a Discipline Committee and the governing body with respect to complaints may be held in camera.
1985 cP‑18.5 s27
Evidence
28(1) Evidence may be given before a Discipline Committee in any manner that the Committee considers appropriate, and the Committee is not bound by the rules of law respecting evidence applicable to judicial proceedings.
(2) For the purposes of a hearing under this Act, any member of the governing body or a Discipline Committee has the power of a commissioner for oaths under the Commissioners for Oaths Act.
1985 cP‑18.5 s28
Witness
29(1) The investigated person and any other registered member of the association who in the opinion of a Discipline Committee has knowledge of the subject‑matter of a hearing are compellable witnesses in a hearing under this Part.
(2) A witness referred to in subsection (1) may be examined under oath on all matters relevant to the investigation and shall not be excused from answering any question on the ground that the answer might
(a) tend to incriminate the witness,
(b) subject the witness to punishment under this Part, or
(c) tend to establish the witness’s liability
(i) to a civil proceeding at the instance of the Crown or of any other person, or
(ii) to prosecution under any Act or regulations under any Act,
but if the answer so given tends to incriminate the witness, subjects the witness to punishment or establishes the witness’s liability, it shall not be used or received against the witness in any civil proceedings, in a prosecution under Part 4 or in any proceedings under any other Act, except in a prosecution for or proceedings in respect of perjury or the giving of contradictory evidence.
(3) For the purpose of obtaining the testimony of a witness who is out of Alberta, a judge of the Court of Queen’s Bench on an application made ex parte by the registered association may direct the issuing of a commission for the obtaining of the evidence of the witness, and the commission shall be issued and the evidence taken pursuant to the Alberta Rules of Court.
1985 cP‑18.5 s29
Witness attendance, production
30(1) The attendance of witnesses referred to in section 29(1) before a Discipline Committee and the production of reports, books, papers and other documents, materials or records that are relevant to the investigation may be enforced by a notice issued by the chair requiring the witness to attend and stating the date, time and place at which the witness is to attend and the reports, books, papers and other documents, materials or records, if any, that the witness is required to produce.
(2) On the written request of the investigated person or of that person’s counsel or agent, the chair shall without charge issue and deliver to that person or that person’s counsel or agent any notices that may be required under subsection (1).
(3) A witness, other than the investigated person, who has been served with a notice under subsection (1) or (2) is entitled to be paid the same fees as are payable to a witness in an action in the Court of Queen’s Bench.
1985 cP‑18.5 s30


Appeal
37(1) A party to proceedings before the governing body under section 36 may, within 30 days after the date of service of the decision of the governing body, appeal to the Court of Queen’s Bench by way of originating notice.
(2) The originating notice shall
(a) name the governing body as the respondent,
(b) state the reasons for the appeal, and
(c) be served on the chair, the governing body and any other party to the proceedings, within 30 days after the date of service of the order of the governing body.
(3) An appeal under this section shall be by way of a rehearing of the matter on the merits.
1985 cP‑18.5 s36

Powers of Court
38(1) The Court, on hearing the appeal, may make any findings of fact that in its opinion ought to have been made and may
(a) reverse, confirm or vary any decision or order made by the governing body or substitute its own decision for the decision of the governing body, or
(b) refer the matter back to the governing body for further consideration by it.
(2) The Court may make any award respecting the costs of an appeal that it considers appropriate.
Reports
(2) Registered associations shall submit annually to the Registrar on the date prescribed by the Minister, in a form satisfactory to the Minister, a report on those matters of the business and affairs of the registered association that the Minister requires pursuant to section 41.

[rwand1]

Its apparent that OAHI an affiliate of CAHPI cannot produce documentation confirming OAHI has properly changed its name and/or use of CAHPI-Ontario.

Its also apparent CAHPI-OAHI cannot properly account for membership money.

Its also apparent that CAHPI-OAHI cannot guarantee due process.

Its also apparent that contrary to CAHPI-OAHI cannot and will not permit anyone to see the financial info or minutes of BOD meetings.

Its also apparent CAHPI-OAHI is not and will not properly show the Registry of all members of OAHI on its website but rather is willing to take Students money, and Applicants money and then deny them placement on the website registry over that of Friends of OAHI.

Its also apparent that fines have been levied on Applicants improperly and without due process, and without so much as a reply to the person fined when they seek answers.

Its apparent that OAHI has and is negligent in its acts and has and is in breach of Pr 158 and its by-laws and its touted Mission Statement.

It apparent that CAHPI-OAHI that TIPR and executive members of CAHPI-OAHI can say and do anything without fear of removal, and can make erroneous statements to the press without regard to accuracy or accountability.

Its apparent that anyone outside of CAHPI-OAHI and now other provinces are being portrayed as inadequate, inferior, unskilled, lacking ethics. If anyone is lacking correctness, withholding information and a skill for distorting the truth its CAHPI and it provincial bodies, aided and abetted by CMHC and HRDC.

Looks pretty much like the inmates running the asylum.

[rwand1]

I'm pleased to announce that my friend Stephen LeDrew will host his own talk show Sunday mornings 11 am to noon starting this Sunday. Stephen will debate the big issues of the day with the newsmakers and take your calls. The new show will be called Issues with Stephen LeDrew.

Goldhawk Fights Back with Dale Goldhawkwill now be heard an hour earlier on Sunday from 10 am to 11 am. Goldhawk Fights Back replaces The Parent Coach with Connie Sinclair.

Connie Sinclair is moving to the CBC in a couple of weeks. This means she will no longer be hosting The Parent Coach Sunday mornings ten to eleven on CFRB. Connie did a great job with the show and we wish her well.

LeDrew is well connected as a lawyer who deals with regulatory and policy issues at all levels of government. He was elected President of the Liberal Party of Canada in 1998 and again in 2000, serving as Party President for almost six years, until November 2003. As Party President, Stephen oversaw not only the rebuilding of the Party finances, but the transition of leadership in the Party from Prime Minister Jean Chrétien to Prime Minister Paul Martin.

He was one of CFRB's commentators at last year's Liberal Leadership Convention in Montreal and is a regular contributor to the Bill Carroll Morning Show.

LeDrew says being on CFRB is like a dream come true. "I'm really excited to be part of the CFRB team and to host my own show Sunday mornings," says LeDrew.

LeDrew also hosts It's LeDrew seen across Canada Tuesday and Thursday night at 7 pm on ichannel. He also appears weekly on CBC's Politics with Don Newman.

Stephen most recently ran for Mayor of Toronto, but was defeated. Oh well you can't win them all. He is a great guy and tells it like it is. No political correctness with him.

I think I will be sure to call him and see what he as to say about our favourite topic CAHPI National and CMHC and use of taxpayers money for what most certainly appears to questionable practices and statements.

[Roy D. Cooke, Sr]

Originally Posted by rwand1

Stephen most recently ran for Mayor of Toronto, but was defeated. Oh well you can't win them all. He is a great guy and tells it like it is. No political correctness with him.

Gee not being elected Mayor of Toronto at this time could be the biggest win of his life .

Raymond Have you any idea how we go legally go about getting a copy of all the Posts made on the CANUK bulletin Board .
I HAVE ABOUT 2 YEARS ON DISK
This could be great ammunition to use and to help straighten out the Home inspection industry in Ontario.

It does not look to me like CAHPI wants to be fair to the Independant home Inspectors in Canada.
Does any one have any thoughts .
Roy Cooke