It seems that a number of OAHI members regularly visit this forum and some mixed messages do get posted here, therefore the OAHI Board of Directors is posting this message for clarification
*“There have been some questions lately regarding OAHI being involved in a legal issue with the Kingston Regional Meeting Group. The OAHI could not previously comment while a decision was pending. *
Attached are the pertinent documents which disclose the outcome of the case.”
[FONT=Times New Roman][size=4][FONT=Times New Roman][size=4]We would like to update you on the Cam Allen case involving the OAHI.[/size][/FONT][/size][/FONT][FONT=Times New Roman][size=4]
[/size][/FONT][FONT=Times New Roman][size=4][FONT=Times New Roman][size=4]In the Claim, the Plaintiff (Mr. Allen) was seeking $1,425.15 in respect of an[/size][/FONT][/size][/FONT][FONT=Times New Roman][size=4]
[size=4][FONT=Times New Roman]“unpaid account/invoice”. According to the Claim, the amount being claimed is the sum of two invoices rendered to OAHI in connection with various meetings held by the Kingston Group. The invoices that are the subject of the Claim are as follows:
(i) An invoice rendered to OAHI by the Ambassador Conference Resort in
Kingston, dated November 27, 2007, in the amount of $823.45; and
(ii) An invoice rendered to OAHI by Minos Village Restaurant in Kingston,
dated October 2, 2007, in the amount of $601.70.
[/size][/FONT][/size][/FONT][FONT=Times New Roman][size=4]A Defence was prepared and filed on behalf of OAHI and the directors by Tom[/size][/FONT]
[size=4][FONT=Times New Roman]Lloyd (not the OAHI Lawyer Ron Segal) there was no cost associated here
because Tom Lloyd took it upon himself on behalf of the BOD to prepare a
defence.
The Defence is a lengthy document which refutes the allegations made in the
claim. The main issue in dispute appears to be whether the Kingston Group had
received the necessary authorization from OAHI to incur these expenses on
OAHI’s behalf.
[/size][/FONT][FONT=Times New Roman][size=4]Mr. Lloyd’s position, on behalf of OAHI, was that the Kingston Group had[/size][/FONT]
[size=4][FONT=Times New Roman]not followed the correct procedure and therefore did not have the authority to[/FONT][/size]
[size=4][FONT=Times New Roman]incur these expenses on behalf of OAHI.
[/FONT][/size][FONT=Times New Roman][size=4]It is also noted and filed that Mr. Lloyd and Mr. Allen both appeared in court to[/size][/FONT]
[size=4][FONT=Times New Roman]state their case before the Justice to determine merit of a suit. The Justice emphatically suggested to Mr. Allen that he drop this case, yet he ignored the
warning and still pursued it. Following Mr. Lloyds departure from the BOD and the Association [/size][/FONT][FONT=Times New Roman][size=4]– [/size][/FONT][FONT=Times New Roman][size=4]the case was [/size][/FONT][size=4][FONT=Times New Roman]then taken over by OAHI legal council. This is where Mr. Allen attempts to mislead everyone so in essence there was never 2 separate claims filed.
[/FONT][/size][FONT=Times New Roman][size=4][FONT=Times New Roman][size=4]Each member should be aware that when Mr. Allen ran these meetings in[/size][/FONT][/size][/FONT][FONT=Times New Roman][size=4]
[size=4][FONT=Times New Roman]Kingston, he organized it and billed it as:
First: a NACHI meeting, open to all Ontario Home Inspectors and was denied by NACHI.
Then Second: a CAHPI National meeting and was then denied by CAHPI.
Then Third: an OAHI meeting and was denied by OAHI.
The BOD, as with the other associations, found Mr. Allen[/size][/FONT][/size][/FONT][FONT=Times New Roman][size=4][FONT=Times New Roman][size=4]’s bill [/size][/FONT][/size][/FONT][FONT=Times New Roman][size=4][FONT=Times New Roman][size=4]to be excessive[/size][/FONT][/size][/FONT]
[size=4][FONT=Times New Roman][size=4][FONT=Times New Roman]and unauthorized and thus denied payment. ($1,425.15 for two meetings serving
coffee in Kingston, for how many supposed members & non members?)
Members of the OAHI [/size][/FONT]
[/size][/FONT][FONT=Times New Roman][size=4][FONT=Times New Roman][size=4]– [/size][/FONT][/size][/FONT][FONT=Times New Roman][size=4][FONT=Times New Roman][size=4]you are aware that by electing us, you put your faith in [/size][/FONT][/size][/FONT][FONT=Times New Roman][size=4][size=4][FONT=Times New Roman]our ability to manage the affairs of the association on your behalf and ensure that events like this do not threaten the principles and by-laws of our association. It is quite clear that Mr. Allen is the one misleading the members along with his usual suspects, forever trying to conjure up images that the BOD of the OAHI be it past, present or future is carelessly spending and managing the association finances.When in Fact: 1) Mr. Allen was the individual who submitted the 1,425.15
account/invoice without authorization.
2) So we are absolutely clear, it was Mr. Cam Allen who has been the instigator of this law suit and in turn, wasted all of our time and money on this matter.
We encourage you to read the three documents attached.
As you can see, as of Nov 13[/size][/FONT][/size][/FONT][FONT=Times New Roman][size=1][FONT=Times New Roman][size=1]th[/size][/FONT][/size][/FONT][FONT=Times New Roman][size=4][FONT=Times New Roman][size=4], 2008, this matter was resolved in the superior court[/size][/FONT][/size][/FONT]
[size=4][FONT=Times New Roman][size=4][FONT=Times New Roman]of justice., as per [/size][/FONT][/size][/FONT][FONT=Times New Roman][size=4][FONT=Times New Roman][size=4]the “[/size][/FONT][/size][/FONT][FONT=Times New Roman][size=4][FONT=Times New Roman][size=4]Trial & Assessment Hearing Endorsement Record[/size][/FONT][/size][/FONT][FONT=Times New Roman][size=4][FONT=Times New Roman][size=4]”[/size][/FONT][/size][/FONT][FONT=Times New Roman][size=4][FONT=Times New Roman][size=4]. The[/size][/FONT][/size][/FONT]
[size=4][FONT=Times New Roman][size=4][FONT=Times New Roman]hand written portion, written by the judge, was typed out in the document
[/size][/FONT]
[/size][/FONT][FONT=Times New Roman][size=4][FONT=Times New Roman][size=4]“Endorsement of Mr. Deputy Justice McNeely”[/size][/FONT][/size][/FONT][FONT=Times New Roman][size=4][FONT=Times New Roman][size=4]. [/size][/FONT][/size][/FONT][size=4][FONT=Times New Roman][size=4][FONT=Times New Roman]The letter addressed to Mr. Glenn Gogal, from Ronald S. Segal clearly explains the results from the trial.
The Civil Court hearing
[/size][/FONT]
[/size][/FONT][FONT=Times New Roman][size=4][FONT=Times New Roman][size=4]PROMPTLY DISMISSED WITHOUT ANY [/size][/FONT][/size][/FONT][size=4][FONT=Times New Roman]**[size=4][FONT=Times New Roman]SETTLEMENT AND IN FACT, THE ASSOCIATION WAS GRANTED **$100.00 FOR COSTS.
[/size][/FONT]
[/size][/FONT][FONT=Times New Roman][size=4]Mr. Cam Allen this week posted to various forums all these serious false[/size][/FONT]
[size=4][FONT=Times New Roman]accusations against the board, see a copy of his post below.
To address a few of Mr. C[/size][/FONT][FONT=Times New Roman][size=4]am Allen’s comments in his [/size][/FONT][FONT=Times New Roman][size=4]post:[/size][/FONT]
[size=4][FONT=Times New Roman]Why did Mr. Cam Allen not file a claim/law suit against NACHI or CAHPI
when they denied his bill?
In his note below, he states that he is hated by the Board, yet out of the three
associations, he chose to sue the OAHI, it begs to ask which party has the vendetta.
Let it be known that Mr. Allen did not show up for the preliminary hearing on
November 3, 2008 as he was requested to do by the court. The justice then ruled
that because of his absence the preliminary hearing would be moved to the same
date that was scheduled for the trial hearing on November 13, 2008. During the
preliminary hearing on November 13, 2008 the justice ruled accordingly and
dismissed the claim and no trial was required. The OAHI was represented in court
in all cases, but where was Mr. Cam Allen?
Mr. Allen states in his last paragraph posted this week that he will withdraw the
action and settle for $1000.00. It is quite apparent to everyone that this case has
been closed as of November 13, 2008.
Mr. Allen owes an apology to the members and the BOD for these false statements
and for [/FONT][/size][FONT=Times New Roman][size=4]wasting everyone’s time and money i[/size][/FONT][FONT=Times New Roman][size=4]n this matter.[/size][/FONT]
[size=4][FONT=Times New Roman]I am certain you will be convinced with these clear facts that this BOD is acting in
your best interest with no attempts to mislead anyone or mismanage anything.[/FONT][/size]
[FONT=Times New Roman][size=4][FONT=Times New Roman][size=4]$1,425.15 for two coffee meetings![/size][/FONT][/size][/FONT][FONT=Times New Roman][size=4]
[size=4][FONT=Times New Roman][FONT=Times New Roman]December 2, 2008[/FONT]
[FONT=Times New Roman]Ontario Association of Home Inspectors[/FONT]
[FONT=Times New Roman]Box 38108
Castlewood R.P.O.
Toronto ON M5N 3A8
Attention: Mr. Glenn Gogal, President
Dear Glenn,
Re: Ontario Association of Home Inspectors, et al. ats CAPHI-Ontario Kingston
Group
Court File No.: SC–08–00000024-0000
Further to the above-noted matter, we confirm that we attended at the Kingston Small Claims Court on behalf of Ontario Association of Home Inspectors and the other Defendants to the above-referenced action on November 13, 2008 for the hearing of the Motion that we brought on behalf of the Defendants and, if necessary, the trial of the Plaintiff’s Claim.[/FONT]
[FONT=Times New Roman]We are pleased to advise that Mr. Deputy Justice McNeely, upon reading our Motion materials and hearing the submissions made by us at Court, granted our Motion and struck out the Plaintiff’s Claim. Accordingly, a trial of the Plaintiff’s Claim was not necessary.
In addition, Mr. Deputy Justice McNeely made a costs order against Cam Allen
personally, ordering Mr. Allen to pay the Defendants $100.00 as costs.
In this regard, we are enclosing a copy of the Court Order containing Mr. Deputy Justice McNeely’s handwritten Endorsement, as well as a typewritten transcription of the Endorsement.
As this matter has now been concluded, we take this opportunity to enclose our Statement of Account for professional services rendered in connection with the matter, dated December 2, 2008, in the amount of $2,500.00 for fees, as agreed, plus disbursements and GST.
We are pleased that this matter has been successfully concluded. If you have any
questions in connection with the matter, please do not hesitate to contact the undersigned.
Kind regards,
BLUMBERG SEGAL LLP
Ronald S. Segal
SDC/kg
Encl.
cc: Aubrey Leblanc,
Chief Operating Officer
[FONT=Times New Roman]Gerry Quackenbush RHI[/size][/FONT]
[FONT=Times New Roman]Director, Public Relations on behalf of the Board of Directors[/FONT]
[FONT=Times New Roman]ONTARIO ASSOCIATION OF HOME INSPECTORS
Established by the Ontario Association of Home Inspectors Act, 1994[/FONT]
[/FONT][/FONT][/size][/FONT]