76 replies to this topic

[Zoe]

OK then. News roundup:

Barrie's lawsuit against his former accountants will proceed. Norgaard Neale Camden, one-time Bear Mountain auditors, tried to have the suit dismissed, but no dice.

The Times Colonist reports:

The firm … was instructed to "determine the actual amounts of drawings by the Barrie Family Trust and Barrie during 2008" and provide a report to the partnership's executive committee.

The resulting auditor's report, leaked to the media in early 2009, alleged the questionable use of more than $25 million in partnership funds.

Barrie is suing Norgaard Neale Camden Ltd.'s over reports that he used his position as CEO to avoid accounting by the partnership, used the partnership's money for his own purposes, engaged in undisclosed and deceptive transactions, failed to provide accurate info in good faith and risked penalties from the Canada Revenue Agency.

This last concern was borne out earlier this year when CRA charged Barrie (as Bear Mountain's CEO) with a half-dozen tax violations. His trial is next year.

Meanwhile, a new foreclosure petition dropped June 26. This time the ownership of the Players Chophouse restaurant in Whistler is in the balance. And it's not just Barrie – online court records list 13 respondents, including Super Bowl punter Mitch Berger. (Berger and Barrie are also partners in the Vancouver Players Chophouse.)





Read the petition (pdf).

[Sparky]

Hey Zoe

Nice to hear from you again. Some friends and I were wondering what Len is doing up in Lake Cowichan.

I heard that his house there had some legal issues going on. Is there anything you can share about that?

[Zoe]

Hi Sparky! It looks like that restaurant is carrying a pile of mortgages. And there doesn't seem to be a response yet, almost two months after the petition was filed.

I heard that his house there had some legal issues going on. Is there anything you can share about that?

I had the idea his houses near Youbou are Lots 50 and 51 on page three of this petition (HSBC foreclosure pdf). Someone pointed those houses out to me once. But there's no address given. Still, anyone can view and download the latest docs in that case (for a mere $12) from the Court Search Online page.

[phx]

Small cottage at the lake:

[LJ]

Hey Zoe

Nice to hear from you again. Some friends and I were wondering what Len is doing up in Lake Cowichan.

I heard that his house there had some legal issues going on. Is there anything you can share about that?

Well he is back in town for a couple of weeks but is living in Scotsdale.

[Sparky]

^ Scotsdale in August......delightful.

[Mike K.]

Who doesn't love to turn on the sprinklers to ...water down the house

[LJ]

^ Scotsdale in August......delightful.

The condos, casinos, bars and cars are all air conditioned.

[Zoe]

Update: Len's trial on the first two tax charges is scheduled for three days, February 19-21 in BC Supreme Court, Victoria. That date may change - there's one more trial confirmation hearing January 14.

Barrie pleaded "not guilty" to the charges last year, while his former vice-president Phil Leseur pleaded "guilty" to a raft of similar tax violations. Leseur was fined $8000 in Supreme Court this week, and his Victoria restaurant, Prime Steakhouse, has closed its doors.

Barrie is part-owner of the former Players Chophouse restaurants (now TicketBar) in Whistler and Vancouver. The properties are in foreclosure.

[VicHockeyFan]

He was supposed to be in court this morning, and wasn't. His legal team said he was out of town, the judge issued an unendorsed arrest warrant (that's the type where nobody but a judge is allowed to release you once you are in custody).

Later, after an assurance from his legal team that they had talked to him, and he would show tomorrow morning, they put the warrant aside for now.

Hmmm, perhaps he needs a better legal team, bad start.

[HB]

Len Barrie was in Denver Colorado last night at the Colorado Avalanche Game against Nashville.

His son Tyson scored his first NHL Goal last night.

When they did the replays on the sports later they showed the Barries happily in the stand watching the game.

His lawyer knows damn well where he is.
I think the judge show have him surrender his passport.

[VicHockeyFan]

Len Barrie was in Denver Colorado last night at the Colorado Avalanche Game against Nashville.

His son Tyson scored his first NHL Goal last night.

When they did the replays on the sports later they showed the Barries happily in the stand watching the game.

His lawyer knows damn well where he is.
I think the judge show have him surrender his passport.

I think his lawyer, in court today, said he DID know where he was, but said he did not think a personal appearance was necessary. Obviously he knows, or ought to know better. The judge could have left the warrant in place, and that may or may not have made it so that Barrie gets stopped and arrested at the border, not released until transported back to the Victoria courthouse. But that would have been counting on all the paperwork to go pretty fast and get into CPIC today, that's unlikely.

Tomorrow morning the judge will ask Barrie directly, and not through his lawyer, where he was. We'll see what he says.

[spanky123]

I think his lawyer, in court today, said he DID know where he was, but said he did not think a personal appearance was necessary. Obviously he knows, or ought to know better. The judge could have left the warrant in place, and that may or may not have made it so that Barrie gets stopped and arrested at the border, not released until transported back to the Victoria courthouse. But that would have been counting on all the paperwork to go pretty fast and get into CPIC today, that's unlikely.

Tomorrow morning the judge will ask Barrie directly, and not through his lawyer, where he was. We'll see what he says.

Generally when there is a trial the defendant is supposed to show up. I think that this just reflects the disdain that Len has for the courts and his charges.

[Zoe]

I didn't hear the judge ask Len where he was. But maybe she doesn't have a sense of humour.

I find it really funny that he claims he didn't know he had to be in court, and that he says even his lawyer wasn't sure, because it's not a criminal matter. But regardless of whether it's criminal court, civil court, small claims court, family court, even traffic court - you still have to show up. Unbelievable.

[Zoe]

There was not a single supporter in that courtroom, by the way. No friends, family, hockey players, ex-investors - just media. (And me and my friends.)

[VicHockeyFan]

There was not a single supporter in that courtroom, by the way. No friends, family, hockey players, ex-investors - just media. (And me and my friends.)

It's a $2000 maximum fine, and probably a pretty boring proceeding, I'm not surprised about the lack of interest.

[spanky123]

It's a $2000 maximum fine, and probably a pretty boring proceeding, I'm not surprised about the lack of interest.

You would think it would be more than that. Otherwise why didn't he just pay the fine and move on? Would have cost him more for the airfare.

[North Shore]

Len Barrie was in Denver Colorado last night at the Colorado Avalanche Game against Nashville.

His son Tyson scored his first NHL Goal last night.

When they did the replays on the sports later they showed the Barries happily in the stand watching the game.

His lawyer knows damn well where he is.
I think the judge show have him surrender his passport.

Was it his son's first NHL game, too? If it were my son, I'd risk a night in jail to see him play his first game, or score his first goal in the NHL...

[Zoe]

He's supposed to go to trial on four more charges in August.

[HB]

Was it his son's first NHL game, too? If it were my son, I'd risk a night in jail to see him play his first game, or score his first goal in the NHL...

No just his first goal.