Original Statement of Claim | Amended Statement of Claim | Fresh A-A Statement of Claim                                        CV-22-00089804-0000

(w-i-p 20230206) Fresh Amended Amended Statement of Claim (html version with links to evidence) 

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ONTARIO

SUPERIOR COURT OF JUSTICE

b e t w e e n

 

Deirdre Moore   (plaintiff)

and

Addelman Baum Gilbert Robinson LLP   (defendant)

Snir Law Office   (defendant)

 

AMENDED STATEMENT OF CLAIM for $3.5M plus costs (additional paragraphs to be added)

 

TO THE DEFENDANTS

     A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the plaintiff.  The claim made against you is set out in the following pages.

     IF YOU WISH TO DEFEND THIS PROCEEDING, you or an Ontario lawyer acting for you must prepare a statement of defence in Form 18A prescribed by the Rules of Civil Procedure, serve it on the plaintiff’s lawyer or, where the plaintiff does not have a lawyer, serve it on the plaintiff, and file it, with proof of service in this court office, WITHIN TWENTY DAYS after this statement of claim is served on you, if you are served in Ontario.

     If you are served in another province or territory of Canada or in the United States of America, the period for serving and filing your statement of defence is forty days.  If you are served outside Canada and the United States of America, the period is sixty days.

     Instead of serving and filing a statement of defence, you may serve and file a notice of intent to defend in Form 18B prescribed by the Rules of Civil Procedure.  This will entitle you to ten more days within which to serve and file your statement of defence.

     IF YOU FAIL TO DEFEND THIS PROCEEDING, JUDGMENT MAY BE GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO YOU.  IF YOU WISH TO DEFEND THIS PROCEEDING BUT ARE UNABLE TO PAY LEGAL FEES, LEGAL AID MAY BE AVAILABLE TO YOU BY CONTACTING A LOCAL LEGAL AID OFFICE.

     IF YOU PAY THE PLAINTIFF’S CLAIM, and $500.00 for costs, within the time for serving and filing your statement of defence you may move to have this proceeding dismissed by the court.  If you believe the amount claimed for costs is excessive, you may pay the plaintiff’s claim and $400 for costs and have the costs assessed by the court.

TAKE NOTICE: THIS ACTION WILL AUTOMATICALLY BE DISMISSED if it has not been set down for trial or terminated by any means within five years after the action was commenced unless otherwise ordered by the court.

 

Date …..July 29, 2022………………          Issued by   ………illegible signature……………………

                                                                                                          Local registrar

                                                                      Address of      ….161 Elgin Street………………………

                                                                      Court Office   ….Ottawa Courthouse…………………                                                                                                           

TO               Snir Law Office, 800-85 Albert Street, Ottawa, Ontario  K1P 6A4

AND TO     Addelman Baum Gilbert Robinson LLP, 800-85 Albert Street, Ottawa, Ontario  K1P 6A4

CLAIM

  1. The plaintiff claims:
    • Pecuniary damages from Gonen Snir Office (“Snir”) $1,750,000 due to its breach of fiduciary duty, defamation, intentional infliction of emotional suffering, negligent infliction of emotional suffering and/or malice.
    • Pecuniary damages from Addelman Baum Gilbert Robinson LLP (“Addelman”) $1,750,000 due to its breach of fiduciary duty, intentional infliction of emotional suffering, negligent infliction of emotional suffering and/or malice.
    • Other damages that the Court deems to be fair and just.
    • Costs on a full-indemnity basis.

BACKGROUND

  1. On July 11, 2018—following years of verbal, emotional, psychological, psychiatric, sexual and/or financial abuse by Jonathan Kiska (“Kiska”) against multiple members of his family— Ontario’s Office of the Children’s Lawyer did a four-month investigation and produced a report that stated Deirdre Moore (“Moore”) should have sole custody of Sean Kiska and Cate Kiska (“the children”). (see Discovery Document 001 and 002)
  2. Shortly thereafter, Kiska communicated with Moore’s parents that he would be “going for the jugular” and “spend[ing] his last dollar” in order to destroy Moore during their divorce. (see Discovery Document 003)
  3. On December 31, 2018—despite the ongoing stalking and harassment by Kiska and his accomplices—Moore prepared, filed and served a document (“2018 Submission to Engelking) which evidenced some of Kiska’s abuse of Moore and her children. (see Discovery Document 004)
  4. In January 2019, the CAS case manager was changed from Viana Ibrahim (“Ibrahim”) who had been sympathetic to Moore’s situation to Mohammed Said (“Said”).
  5. On February 1, 2019, Kiska colluded with the Children’s Aid Society of Ottawa (“CAS”) in order to have the children illegally removed from her home. (see Discovery Document 005 (Said video) and 006 (OPSB report, if any))
  6. By April 8, 2019, Kiska and his many accomplices had succeeded in illegally:
    1. obtaining an unlawful “final” custody and access order as well as a restraining order (both via the Child, Youth and Family Services Act (“CYFSA”)) against Moore, (see Discovery Document 007)
    2. emptying her and her children’s three-bedroom home and (see Discovery Document 008)
    3. obtaining a Not Criminally Responsible (“NCR”) opinion against Moore for a crime that she never committed—Flight from Peace Officer. (see Discovery Document 009)
  7. On July 15, 2019, Kiska contacted CAS Executive Director Kelly Raymond (“Raymond”) asking for assistance in how he could ensure Moore remained ripped from her children’s lives. (see Discovery Document 010)
  8. On July 26, 2019, Kiska lied to the Daniel Gervais (“Gervais”) of the Ottawa Police Services Board (“OPSB”) in order to orchestrate Moore’s arrest and detention—Kiska wanted to ensure, among other things, that their scheduled divorce would be cancelled and he would obtain sole custody and access of the children. (see Discovery Document 011 (video of interview) and 012 (transcript of interview))
  9. At that time, Kiska alleged that Moore was schizophrenic and that he feared for the life of himself and the children: both statements were demonstrably false.
  10. Coincidentally, Moore attended the matrimonial home on that same day in an attempt to tell the children the truth about that which their father had done to them.
  11. She had had enough of both Kiska and the CAS being in contempt of the illegally-obtained, unlawful 20190408 CYFSA court order (see paragraph 7 a. above) and their collusive emotional and psychological abuse of the children.
  12. That day—July 26, 2019—Moore was arrested and interviewed by OPSB employee Alex Kirady (“Kirady”) who ignored:
    1. her verbal testimony, (see Discovery Document 013 (video of interview)),
    2. her 2018 Submission to Engelking that had been scanned into CopLogic earlier that year, (see Discovery Document 014) and
    3. the evidence of taxpayer-funded domestic violence and child abuse that she had brought with her in case of arrest.
  13. Then Kirady:
    1. lied in his police report and (see Discovery Document 015)
    2. charged Moore with Disobey a court order, Unlawfully in dwelling and Mischief. (see Discovery Document 016)
  14. On July 27, 2019, OPSB employee Jean Benoit (“Benoit”) “self-assigned” to the file in order to add criminal harassment to Moore’s charges. (see Discovery Document 017)
  15. Later that day, Crown prosecutor Mike Boyce (“Boyce”) committed perjury and defamed Moore in order to seek the anti-Charter of Rights and Freedoms (anti-Charter) detention of her. (see Discovery Document 018)
  16. Despite Moore’s submissions, Justice of the Peace Paul Harris (“Harris”) denied her bail and also granted a child-abusing non-communication order (“20190727 Non-Comm) to ensure the children would not be able to learn the truth about Kiska. (see Discovery Document 019)
  17. Moore spent the next 90 days in various correctional facilities being further tormented by multiple Crown prosecutors and judges including, but not limited to:
    a. Prosecutor John Ramsay (“Ramsay”), (see Discovery Document 020)
    b. Prosecutor Malcolm Savage (“Savage”) and (see Discovery Document 021)
    c. Justice Julie Audet (“Audet”). (see Discovery Document 022)
  18. On October 30, 2019, following hours of argument between Crown prosecutor Moiz Karimjee (“Karimjee”) and court-appointed Amicus Curiae John Hale (“Hale”), Moore was released on bail but forced to live in The Elizabeth Fry Society’s bail house, the Lotus House (“Lotus House”) under the “supervision” of John Howard Society (“JHS”). (see Discovery Document 023)
  19. The plaintiff, Deirdre Moore (“Moore”), was referred to Addelman by Elizabeth Fry Society “E-Fry”) Lotus House in November 2019.
  20. Moore was referred to Snir by Addelman in November 2019.
  21. Both Addelman and Snir worked against Moore’s best interests and for Kiska’s best interests to the detriment of her and the children. her two children, Sean Kiska and Cate Kiska.

THE RETAINER AGREEMENT

  1. In November 2019—desperate for a criminal lawyer following the forced appointment of John Hale by FName Laliberté as Amicus Curiae (following the defamatory libel and perjury committed by Crown prosecutor Malcolm Savage)—Moore retained Addelman following the Lotus House recommendation.
  2. Addelman claimed that his colleague Snir was a fabulous family lawyer with experience dealing with the CAS.
  3. Addelman walked Moore down the hall to meet with Snir (who was readily available) and Moore felt that she had no choice but to retain both of them as:
    1. her current criminal charges were ridiculous
    2. (See Document 0xx)
    3. the Crown was seeking a scandalous “NCR” finding, (See Document 0xx)
    4. the CAS was ignoring all evidence of Kiska’s domestic violence and crime in order to pursue a Summary Judgment in his favour and
    5. she was broke and needed to have the fraudulently obtained, unlawful 2018 interim financial support amount order by Julie Audet changed.
  4. Addelman and Snir requested a retainer fee of $2,000 each which Moore paid immediately.
  5. As Moore had been “locked out” of her corporate savings and had been without meaningful income since 2016, Addelman and Snir offered to be compensated “later” if she “secured a second mortgage” on her matrimonial home (of which she owned and still owns half) and/or “named them in a lien”.
  6. Addelman stated that he required a flat fee of $25,000, regardless of whether or not Moore’s criminal matters went to trial or not.
  7. Snir stated that he charged $300/hour and would require security in the amount of $150,000 plus 20% of the value of Moore’s share of the home (therefore 10% or approximately $100,000) totalling $250,000.
  8. On November 12, 2019, Snir confirmed that he required security in the amount of $150,000 plus 10% of the value of Moore’s home; however, he also slipped in that his fee would be $300/hour plus 10% of the value of her home. (See Document 0xx)
  9. On November 12, 2019, Snir confirmed that he required security in the amount of $150,000 plus 10% of the proceeds of the home.
  10. When she went to sign the retainer agreement, the arrangement had changed once again:
    1. the security required had been increased to $250,000 and
    2. in addition to hourly fees, Snir intended to charge “by the e-mail”.

    (See Document 0xx)

  11. Snir referred Moore to lawyer Thomas Windle to arrange the second mortgage/lien for $250,000 at a cost of $1,075: being demonized and criminalized by the CAS and Savage respectively, she did so under duress. (See doc 00X and 00x, respectively)

NEGLIGENT, FRAUDULANT, MALICIOUS &/OR CRIMINAL REPRESENTATION BY ADDELMAN

  1. Addelman spent the next six weeks badgering Moore about how much trouble she was in.
  2. By January 2020, Addelman duped Moore into agreeing to a psychiatric examination even though she had committed no crime and had not been found guilty of anything.
  3. On January 8, 2020, she prepared and signed a consent form for Addelman’s use. (see Discovery Document 0xx)
  4. On January 9, 2020, SCJ Justice Catherine Aitken (“Aitken”) ordered a psych assessment; however, she did so in manner that was detrimental to Moore; not a reflection of her voluntary co-operation. (see Discovery Document 0xx)
  5. For the next few weeks, Moore attempted to get Addelman to prepare and file a Bail Variation Application: he refused. (see Discovery Document 0xx)
  6. Accordingly, she prepared one herself with an abundance of evidence. (see Discovery Document 0xx)
  7. On January 30, 2020, Moore mistakenly alerted Addelman to the fact that he would be removed as counsel: later that morning, she was re-arrested based on false allegations of Lotus House manager, Lorie Fuentes. (see Discovery Document 0xx)
  8. By the end of February 2020, Moore finally released Addelman; however, the damage was done: the wheels were in motion for Savage to obtain an NCR find for Kiska’s benefit.
  9. On May 5, 2020, Dr. Zeynep Selaman (“Selaman”) produced a fraudulent, defamatory NCR Opinion: this begs the question, “Can NCR Opinions be Purchased?”
  10. The shenanigans that Moore endured for the next 24 months would required an entire book to articulate: suffice it to say that she finally found a legitimate lawyer who advised her to “get it over with”, leave Ontario and find a jurisdiction with some semblance of justice.
  11. On May 24, 2022, Moore agreed to a Probation Order under duress so she could flee the Province of Ontario (“Ontario”) in order to seek justice in another jurisdiction.
  12. All of the charges were withdrawn, with the exception of one as Justice Jonathan Brunet:
    1. ignored Moore’s written submissions/evidence which supported an absolute discharge (see Discovery Document 0xx),
    2. ignored Moore’s oral testimony which requested an absolute discharge (see Discovery Document 0xx) and
    3. granted another unlawful order which contained, among other things and
    4. anti-Charter conditions (see Discovery Document 0xx)

NEGLIGENT, FRAUDULANT, MALICIOUS &/OR CRIMINAL REPRESENTATION BY SNIR

  1. Soon after his retention, Moore provided to Snir a commissioned Affidavit (see Discovery Document 0xx) so he could prepare Motion materials to change the illegally-obtained, fraudulent support order that Kiska orchestrated in 2018 with his former attorney, Wade Smith (“Smith”) of Bell Baker LLP.
  2. Snir ignored it and brought no Motion.
  3. Snir then lost a Motion to the CAS: all of her medical files were court-ordered to be sent to not only the CAS but also Kiska! (see Discovery Document 0xx)
  4. The behaviour of Snir and Addelman had been so bizarre that Moore decided to take a working vacation and went to Cuba in March 2020.
  5. COVID-19 hit while she was at the resort, however, so she decided to continue on to Ireland, where she is also a citizen, in an effort to seek assistance with the rescue of her children from the Irish Embassy.
  6. This triggered another series of bizarre events that resulted in a warrant for her re-arrest! (see Discovery Document 0xx)
  7. On or about March 19, 2020, Snir sent to Moore an invoice for $1,356.00, even though the agreement was that his compensation would come from the sale of the matrimonial home. (see Discovery Document 0xx)
  8. Between March 31 and April 10, 2020, Snir continued to attempt to gaslight Moore by:
    1. claiming he was preparing legitimate offers to settle, of which there were none,  (see Discovery Document 0xx)
    2. requesting that he not receive additional evidence of Kiska’s accomplices’ crimes and torts,  (see Discovery Document 0xx)
    3. threatening termination of representation if Moore did not send him more money above and beyond that which was contained in the retainer agreement  (see Discovery Document 0xx)  and
    4. accusing her of not requesting e-transfers for support payments instead cheques.  (see Discovery Document 0xx)
  9. He then stated that Moore would “do a better job” and asked her to remove him from her files—thus triggering his illegally-obtained, unlawful retainer clause which would result in an additional lump-sum payment of $60,000 to him.  (see Discovery Document 0xx)
  10. She refused and repeatedly asked him to simply do what he was hired to do: assist Moore with the Family file and the CYFSA.  (see Discovery Document 0xx)
  11. Instead, Snir served and filed multiple court documents which:
    1. violated the Courts of Justice Act in multiple ways,
    2. contravened the Criminal Code of Canada in multiple ways and
    3. Eevidenced his multiple torts against Moore and the children.  (see Discovery Document 0xx)
  12. Initially, Justice Mark Shelston attempted to schedule the hearing; however, after Moore informed the court that the process was illegal, the matter was temporary postponed. (see Discovery Document 0xx)
  13. Then Justice Pamela MacEachern scheduled Snir’s Motion: it was to be illegally heard in Family Court versus Civil Court. (see Discovery Document 0xx)
  14. On August 27, 2020, Justice Marc E. Smith (“Smith”) illegally heard the Motion and ordered Snir off both the Family and the CYFSA—however, he refused to order that the lien be removed from Moore’s house. (see Discovery Document 0xx)
  15. Broke, a warrant out for her arrest and stuck in quarantine in Toronto, by September 2020, Moore was once again without any legal representation whatsoever.

IRREPARABLE HARM CAUSED BY ADDELMAN AND SNIR

  1. Despite a mountain of evidence against Kiska, Moore lost both the Summary Judgment Motion and her Appeal. (see Discovery Document 0xx)
  2. But for the negligent, fraudulent, malicious and/or criminal behaviour of Addelman and Snir, the children would not have been without Moore for nearly four years: they could have attempted to put an end to their suffering by January 2020. Instead, the chose to prolong it.
  3. To further mock Moore, on December 28, 2022, Snir sent to her an unsupported invoice for $88,631.55, even though the agreement was that his compensation would come from the sale of the matrimonial home. (see Discovery Document 0xx)

CONCLUSION

  1. Ottawa’s Human Targeting/Human Trafficking Syndicate has had enough rope to hang itself:
    1. x
    2. y
    3. z
  2. Time to start pleading guilty in order to obtain a reduced sentence, Addelman and Snir.
  3. Hopefully, this pleading is not “prolix” and does not offend the “principal of proportionality” as noted at paragraph 29 by Madam Justice D. Summers in her Honour’s 20171116 decision (see Kiska v. Moore 2017 ONSC 6872 (CanLII) which permits Moore to seek multiple damages from Kiska for violations of both Civil Law and the Criminal Code of Canada in a ….FAMILY … COURT … SETTING. (see Let’s Support our Victims: where complicit media, Ottawa Citizen, alerted Ottawa’s legal community that Moore was a target.)

PS. Shyster, Shyster, please come out; ’cause we have beyond doubt. Too bad you were born so dim. Hugs & Kisses, your Goyim. Good Luck, Gonen!

 July 29, 2022

 

   Deirdre Moore, 215 Montreal Road, Ottawa, ON  K1L 6C8

(insert address) Paradise, NL  (insert postal code)

(613) 848-6832