OAHI Out Of Control - Bylaws Breached - Documented Proof

[Roy D. Cooke, Sr]

Raymond you are the greatest .
I expect some of the OAHI Directors will not have a very good Christmas with what you have been telling us.
I have no sympathy for them at all they have brought it all on them selves from 2003 when they lied and cheated with me and many other PACHI members it has just continued on a long slide and I do hope they soon hit the bottom and get their just rewards .


.... Cookie

[rwand1]

One big happy corrupt family!

Andrew Bennett
Terry Carson
Andrew Dixon
Glenn Gogal
Carl D. Inglis
Andrew Radomski
Doug Silverthorn

I wonder how much Carl Inglis milked OAHI members for ($$$) as report verification officer? I hear he was pretty brutal with his assessments, and it was a principal source of income given his ability for failing people he thought not worthy. $$$$.

[gmortensen]

Now I read these posts a lot and I wonder what will happen here in Ontario in the future. I for one was going to join OAHI without question when I first started in the schooling process and have since changed my mind. This is largely due to the information I recieved from my research here. Michael, you may find these posts boring, but I don't and I am greatful for the people who stand up for us. I'll be honest and say that I don't feel the need for me to join this Association, but agents are being told by CMHC that these are the people to trust and this gets past on to there clients. I have emailed CMHC twice now with nothing more than a generic reply and I am getting frustrated. If this association is acting improperly, then why is nothing being done.

[rwand1]

Glen

Thank you for speaking up I wish more people would.

Unfortunately CMHC is powerless to take any action as OAHI is a provincially sanctioned body, that maybe why they have not replied. However CMHC is well informed as to the goings on in OAHI as are other agencies. I would suggest that if you want replies to your inquiries in Ontario you redirect your letters to the provincial members of parliment. I can provide you with a list of all the MPPs in Ontario as well as a list of Cabinet Ministers in Ontario.

OAHI is making much money on the backs of members and not puttiing it back into membership benefits. It is registered as non-profit, but making a healthy profit. Its also of concern that some of this income has and is being used by some as a private piggy bank with no proper accountability or oversite. That is why it must have a forensic audit conducted. I am resolute to see OAHI and its directors and committee members held accountable for negligent decisions which can only be called fraudulent.

[rwand1]

I have been informed by reliable sources that there have been resignations from a number of committees in OAHI. I guess these individuals realized that actions/decisions were not following the bylaws, and those decision/actions came with liability in tort law and that they were not being kept fully appraised of the matters before the various committees. Decisions were being made by a few on the quiet.

Its not to late for others to extricate themselves.

Maybe OAHI can ensure that the information it is presenting to the public via its website that the info as to committee members is brought up to date so as not to give the appearance its business as usual eh?

[rwand1]

It looks like Mr. Terry Carson is a hypocrite. Here is a document he authored some time ago. Which leads me to ask why he and his committee would purposely and negligently not follow the precribed bylaws and standard of care he suggests we all follow. Mr. Carson and party must have forgot his cleverly crafted words of wisdom to suit a need.


__________________________________________________ ___

I would like to respond to a few points raised

1. A code of ethics or code of conduct is intended to define the broad range of actions and behaviors which are acceptable and not acceptable. The application to a specific situation will usually require a sanctioned body (discipline committee or a court of law in tort actions) to judge whether the specific actions of the accused have crossed the line into unacceptable territory. Professionals by definition are responsible for defining the scope of their work based on the circumstance of their assignment. Other lower level workers on the other hand are required to complete a specific task in a prescribed manner. If we see ourselves as professionals, there should not be the need to prescribe all details as has been suggested. If anyone feels differently, they should research the code of ethics of other professions we should emulate, try to draft changes and then solicit feedback. I contend that if there is a problem with the process, it is in the application and enforcement rather than the content of the Code of Conduct.

2. Anyone who has an interest in this issue should write the OACETT Professional Practices exam and learn from their excellent study guide.

3. The OAHI Discipline and Professional Committee has two distinctive roles that require different approaches, rather than a single approach.

a). Discipline Related Complaints (Complaints Subcommittee) Complaints related to the actions of an individual must be handled according to procedures outlined in Article 13 (one of the most detailed sections of the by-laws-for good reason), to ensure fairness and avoid law suits. There should be a sub-committee which is focused on processing and hearing complaints.

b). Providing Professional Practice Guidelines (Practices Advisory Sub-Committee)

Where there is a controversial practice of some members, or pressures from the market place, such as Home Link a few years ago, these issues can not be handled in a vacuum by the committee alone. There must be an open airing of the issues, and parties which may have conflicting views on the issue must be invited to attend an open hearing. Hearings should be initiated by this subcommittee, or at the direction of the board of directors to examine a specific issue. The subcommittee then should submit a written report with a recommendation, which should be then endorsed by the board of directors and ultimately the membership. If the issue is divisive or can not be resolved, the membership must be asked to vote. If everyone does their homework, establishment of policy statements becomes a cake walk, and the Complaints subcommittee gets precedents and policies that have the backing of the membership and the board of directors.

4. Role of the Board of Directors

There have been statements from some who feel the board has not provided leadership on matters related to professional practices. The worst thing that could happen would be if a board leaps into action and does committee work without understanding the role of the board and its committees, as well as the issues themselves. Healthy organizations are beasts that must attain a level of consensus by methodically working through the issues and leaving a paper trail of policies and procedures.

The role of the board of directors is to manage the work of its committees. The board's role is to simply accept reports and recommendations, or send them back based on aspects that are incomplete or run contrary to the bylaws, policies and procedures. If the board does the work of the committees on the fly, bad decisions and chaos will result. I have experienced this time and time again in a variety of organizations. Strong committee have the best grasp of the technical issues, do their homework, make good recommendations, provide a training ground for future leaders and earn the respect of their board and membership. How to get strong committees? Start by encouraging members to learn the history of their organization, it’s by- laws, policies and procedures, understand why certain procedures are necessary and then ask them to work towards improvements. How should a board maintain strong committees- Easy, Keep them on task, demand that they report in advance of meetings, read their reports, keep them informed, let them do their work, ask questions and respect their decisions.

- Terry Carson

[rwand1]

On March 6, 2007 I filed a complaint with OAHI Discipline committee against the entire BOE/AR.

Guess what? Swept under the rug. No reply EVER! I guess the entire BOE conspired with the BOD and the DPPC to ignore breaches of the bylaws as they relate to the BOE powers.

Andrew Bennett
Terry Carson
Andrew Dixon
Glenn Gogal
Carl D. Inglis
Andrew Radomski
Doug Silverthorn

We know how many things have been purposely ignored and covered up including the finances. These folks obviously are not to be trusted with the time. They certainly have betrayed the trust of the members and the public, most likely their clients too.

[rwand1]

Article 17

Conflict Of Interest Guidelines For Board of Directors and Committee Members

1. Members of the Board of Directors, officers, and Committee members shall act in good faith towards all members and, in
the performance of their duties, shall place the interests of the Association before their personal and business interests. They
shall,

(a) not use any information gained by their office for personal or business advantage if such information is not generally available to other members.

(b) promptly disclose to the Board of Directors any interest they have which might be construed as prejudicial in any way to their decisions or actions.

(c) refrain from participating in any discussion, chairing a meeting, and voting on any matter which directly impacts on their own, business or related interests.

2. The board shall refer suspected abuses of these guidelines to the Discipline and Professional Practices Committee.

The BOE/AR have breached item 1. Good faith is not in their vocabulary, nor is it evident they can act in good faith in the performance of their duties.

Nor have they promptly disclosed to the BOD their conflicts which are prejudicial in their decisions or actions, and even if they did the BOD failed to take appropriate actions to correct the misuse of their positions. This puts the BOD in an interesting position of conflict of interest and they to have breached the conflict of interest guidelines and its apparent the DPPC condones these abuses by failing to take the bull by the horns as stipulated and empowered to do so via the bylaws.

OAHI is running on corruption and will at any cost ensure it keeps those in power who have gained for their own self interests.

Again its evident that RHI in Ontario has been nurtured by corrupt individuals and have used it to defraud members of their monies under the guise the association is run ethically and morally, this is simply not the case.

[rwand1]

These links are self explanatory, obviously OAHI is in a state of denial.
It also appears OAHI is not a non-profit corporation as defined and is in breach of three statutes!

I wonder where the COO Aubrey LeBlanc is in all of this and what measures he has taken to ensure compliance.

I know he couldn't grasp the issues of OAHI membership registry which OAHI claims is the OAHI website listing of members.
If you read the bylaws the registry is to list all members by catergory. The OAHI site does not list retired, all applicants or students, yet these people are in the Registry at Mr. Segals office. Mr. LeBlanc I think you owe us the members an explanation as to why we are paying you for services you are suppose to be delivering. After all you were President of Tarion, I would have thought given that experience and your background you would be more astute and concerned with the breaches of at least three provincial acts?

Ministry of Attorney General
Corporate Maintenance Statute
http://www.attorneygeneral.jus.gov.o....asp#penalties

Corporations Information Act
http://www.e-laws.gov.on.ca/html/sta...c39_e.htm#BK18

[Roy D. Cooke, Sr]

Originally Posted by rwand1

These links are self explanatory, obviously OAHI is in a state of denial.
It also appears OAHI is not a non-profit corporation as defined and is in breach of three statutes!


Ministry of Attorney General
Corporate Maintenance Statute
http://www.attorneygeneral.jus.gov.o....asp#penalties

Corporations Information Act
http://www.e-laws.gov.on.ca/html/sta...c39_e.htm#BK18

Raymond I have been following and thinking about what has gone on with you and OAHI.
I feel you are completely correct and that I am positive what OAHI directors are trying to do is Fraud.
I would high recommend you think seriously on going to the OPP and see what is involved with getting a fraud charge laid against all of the directors . This could be just what is needed to clean up these who just do not understand they must follow the bylaws and proper procedure's.

All the best with you all the way .
Roy Cooke

[Roy D. Cooke, Sr]

Originally Posted by rcooke

Raymond I have been following and thinking about what has gone on with you and OAHI.
I feel you are completely correct and that I am positive what OAHI directors are trying to do is Fraud.
I would high recommend you think seriously on going to the OPP and see what is involved with getting a fraud charge laid against all of the directors . This could be just what is needed to clean up these who just do not understand they must follow the bylaws and proper procedure's.

All the best with you all the way .
Roy Cooke

It might be a good idea of any OAHI members who are going to renew is to put on your cheque in trust .
This gives them a bit of protection in that if there is any more wrong doing .
I am sure there will need to be many answers given before this is all fixed properly.
....Cookie

[rwand1]

TO: RAYMOND WAND
FROM: Admissions Review Committee/Board of Examiners

SUBJECT: Re-instatement as a Retired Member to Registered Home Inspector (RHI)

Committee Comments & Decision:

Please be advised that the Admissions Review Committee has accepted your request for re-instatement as a Registered Home Inspector (RHI) upon satisfactory completion of the following:

1.Complete the 2008 membership renewal application mailed to you as a Retired Member and mail it with the payment indicated on the application to be received before December 31, 2007 in order to maintain your current status until all requirements have been completed.


2.Mail two recent non-fee paid inspection reports to the OAHI address Attn: Report Verification Committee with the verification fee of $68.90 before February 28, 2008.

3.Complete the OAHI Defect Recognition & Reporting Course before June 30, 2008. Course Fee: $428.00 + GST

4.Submit proof of 20 CEU’s (from January 2006 onward) to cover the 2 years retired period. Twenty additional CEU’s will become due two years following the reinstatement date. The OAHI Defect Recognition & Reporting Course can not be counted as CEU’s.

5.When the abovementioned has been completed, please remit the difference of 2008 dues from Retired Member to RHI ($450.00 + GST for RHI less $75.00 + GST Retired = $375.00 + GST) and complete the upgrade membership application.

Your name will be published on the 20 Day Upgrade Notice for RHI once your reports have been successfully verified, the Defect Recognition & Reporting Course has been completed, the 20 past owing CEU’s has been submitted and the upgrade application has been processed and completed.

Please note that in the interim period as a RHI-Retired, you are not permitted to perform fee paid home inspections, advertise the same or use the names, Ontario Association of Home Inspectors, OAHI, CAHPI-Ontario, CAHPI, Registered Home Inspector, RHI or associated logos, before reinstatement of RHI Member status. You can only state that you are “RHI Retired”.
_______________________________
Admissions Review Committee/Board of Examiners

cc: OAHI Office

ONTARIO ASSOCIATION OF HOME INSPECTORS
Established by the Ontario Association of Home Inspectors Act, 1994Box 38108, Castlewood R.P.O., Toronto, Ontario M5N 3A8
Telephone: (416) 256-0960 or 1-888-RHI-OAHI (744-6244)
Email: oahi@oahi.com Fax: (905) 771-1079
Web Site: www.oahi.com

________________________
Note: Please be advised that as per the OAHI bylaws, the delivery of Course Confirmations / Exam Results, Academic Assessment results, etc. via electronic mail shall be considered sufficiently given when delivered to the last email address as given to the Association office and as recorded in the records of the Association.
------------------------------------------------------------------------

Roy you raise a very valid point. OAHI has attempted to defraud me of money by demanding I take courses which they cannot substantiate in the bylaws to enrich the Defect Recognition Course teachers Mssrs. Meipoom, Gogal (Director) and Iredale.

Considering Mssrs. Andrew Bennett , Terry Carson, Andrew Dixon, Glenn Gogal, Carl D. Inglis, Andrew Radomski, Doug Silverthorn have conspired to negligently and with intent to deceive me under false pretences (I think they should seriously consider resigning post haste from their positions within OAHI along with the BOD, who are Mssr's Tom Lloyd, Glen Gogal, David Faux, Philip Bottriel, Andrew Dixon, Alrek Meipoom, Doug Azar, Wayne Christopher, Gerry Quackenbush, and Brian Harris, as they have unwittingly allowed fraud to occur by a committee which reports to the BOD of OAHI. Further it is my contention that along with the BOD, BOE/AR the DPPC consisting of Mssrs. Wayne Christopher (Chair), Robin Green, Laurel Harris, Rob Herman, Brad Labute, Andrew Radomski, Joe Seymour, Trevor Welby Solomon.

The bylaw committee who has failed to back up statements that new revised bylaws exist proporting to back up the requirement for me to take the Defect Recognition Course, review of two non fee reports, CEU's as per the BOE/AR. These same people sit on other Committees, so it cannot be argued no one knew what was going on! These committee members consist of Mssrs. Andrew Bennett - (Chair), Terry Carson Graham Clarke, and Bill Glover.
I would also suggest to you that other fraudulent activities have and are taking place with the members money.

Acts which may constitute criminal fraud include:

• Marriage Fraud to obtain immigration benefits INA §204(c)(1),
• bait and switch
• confidence tricks such as the 419 fraud, Spanish Prisoner, and the shell game
• false advertising
• identity theft
• false billing
• forgery of documents or signatures
• taking money which is under your control, but not yours (embezzlement)
• health fraud, selling of products of spurious use, such as quack medicines
• creation of false companies or "long firms"
• false insurance claims
• bankruptcy fraud, is a US federal crime that can lead to criminal prosecution under the charge of theft of the goods or services
• investment frauds, such as Ponzi schemes
• securities frauds such as pump and dump

Fraud, in addition to being a criminal act, is also a type of civil law violation known as a tort. A tort is a civil wrong for which the law provides a remedy. A civil fraud typically involves the act of intentionally making a false representation of a material fact, with the intent to deceive, which is reasonably relied upon by another person to that person's detriment. A "false representation" can take many forms, such as:

• A false statement of fact, known to be false at the time it was made;
• A statement of fact with no reasonable basis to make that statement;
• A promise of future performance made with an intent, at the time the promise was made, not to perform as promised;
• A statement of opinion based on a false statement of fact;
• A statement of opinion that the maker knows to be false; or
• An expression of opinion that is false, made by one claiming or implying to have special knowledge of the subject matter of the opinion. "Special knowledge" in this case means knowledge or information superior to that possessed by the other party, and to which the other party did not have equal access.

ALSO

Criminal Code PART X: FRAUDULENT TRANSACTIONS RELATING TO CONTRACTS AND TRADE

Fraud

Fraud

380. (1) Every one who, by deceit, falsehood or other fraudulent means, whether or not it is a false pretence within the meaning of this Act, defrauds the public or any person, whether ascertained or not, of any property, money or valuable security or any service,
(a) is guilty of an indictable offence and liable to a term of imprisonment not exceeding fourteen years, where the subject-matter of the offence is a testamentary instrument or the value of the subject-matter of the offence exceeds five thousand dollars; or
(b) is guilty
(i) of an indictable offence and is liable to imprisonment for a term not exceeding two years, or
(ii) of an offence punishable on summary conviction,
where the value of the subject-matter of the offence does not exceed five thousand dollars.

Folks the simple truth is that OAHI is corrupt and without a doubt standards have and are being used which negate and call into question legally the validity of everything OAHI has done with RHI, not to mention the fact OAHI cannot account to the members its finances. Its not worth the paper its printed on, therefore is valueless thanks to myopic, self indulgent egos, and special interests who have conspired to misuse the members money to enrich themselves, or their business to the exclusion of fair, ethical standards, and due process.

How many other people have been penalized, or had requirement demanded of them which are not valid as per the bylaws? The standard of care is very high with all these individuals particularly given their positions both inside and outside OAHI.

Its very evident that all those and others named should seek legal advice and foremost resign their positions forthwith.

CC.

Aubrey LeBlanc
Ron Segal
Encon
Pierre Thibodeau
Attorney General - Chris Bentley
Oahi office

[Roy D. Cooke, Sr]

("


TO: RAYMOND WAND
FROM: Admissions Review Committee/Board of Examiners

SUBJECT: Re-instatement as a Retired Member to Registered Home Inspector (RHI)

Committee Comments & Decision: ")

Well now Raymond this is now starting to get very interesting .
I would recommend you think of taking OAHI and every one of the directors to small Claims Court .
Cost to you about $100;00 and they all have to come to your court in Orangville .
Lawyers are not liked in small Claims so if the Bring there famous Lawyer ( you know the one who loves to charge ) with them .
They could end up spending more on you then the $35,000:00 they spent on their loosing Battle with me .
When I took them to Small Claims for my out of Pocket expenses they settled out of court as they knew they where beat.
Their past track record on laws suits is zero wins and two looses .
I bet the member ship would just love them to looses another .
Now reason to take them to court is they have deprived you from making a proper living depriving you the advertisement on the OAHI site for people to find home Inspectors .
They have deprived you from being able to tell agents you are a OAHI member .
This could have cost you 25 or more inspections so 12 times $450;00 = $5,400;00 .
You can be sure I will be there on your side to show how they lied before with me and how they lost that case 5 voted for me zero voted for the OAHI BOD.
. This could end up costing each director about $1,000;00 or more dollars with lost time doing inspections and having to drive to court .
I think it might when it comes time to go to court you get it delayed a couple of times like they did to me .
My Lawyers cost went way up with there foul methods and delays.

.... Cookie

[rwand1]

Roy

Looks like they defrauded you too! They think they are clever, but they obviously haven't got a clue. Not only was this an attempt to defraud me, it is a discriminatory action, that is very obvious.

In the meantime I will continue to use RHI and the OAHI logo, because they cannot substantiate their demands. Which pretty much negates OAHI's rights to enforce the provisions of Pr 158.

I can also assure you that actions have been taken which I am not at liberty to discuss.

Thanks for the support.

[Roy D. Cooke, Sr]

I do wonder how many besides you and me .
I expect that OAHI has just sent others a fine and said this is what the fine is and they have paid it .
I do personally know of two so I expect there are more .
If others start to complain this could be great as this has to stop .
The rules are for every one and must be followed as written and passed by the membership .
The directors do not have the authority to change then to suit them selves . You Would think after the go with me they would do the proper things .
This could be the best thing to happen to the Canadian Home Inspectors to get back on track to just running an association instead of making a few a lot of money.
If it does not get fixed at this time then I expect it is doomed .
Many have to know what is written here as over 100 hits in the last hour .
.... Cookie

You can be sure I will go to court and tell what they did to me and others if asked .
I saw how when under oath the story tellers seemed to stutter and stumble ,
Looked great hope to see it again .
Haveing been on various committees I just might have other information they would like left burried .