ANNEXE TABLE DES MATIÈRES. Date : Demandeur : M. Franco Baldino. No. dossier du Syndic : CDM Syndic : Me Pierre Despatis

Transcription

1 ANNEXE TABLE DES MATIÈRES Date : Demandeur : M. Franco Baldino No. dossier en révision : Intimé : Me Amélie Pilon No. dossier du Syndic : CDM Syndic : Me Pierre Despatis 1. Demande d enquête du plaignant (demandeur) 2. Version de l avocat...intimé 3. Réponse du plaignant 4. Décision du Syndic 5. Demande de révision 6. Autres documents pertinents 7. Autres documents transmis directement au Service des greffes ou par le Service des greffes sans avoir été remis au Syndic a) Accusé de réception de la demande de révision b) Lettre à l avocat pour l informer de l existence de la demande de révision c) Autres documents

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3 De : Franco Baldino [mailto:fbaldino83@gmail.com] Envoyé : 5 mai :18 À : Courrier Syndic - Montréal Objet : Complaint against Me L.P. Roy and Me A. Pilon I am: Franco Baldino 810 Dominion Montreal, Qc H3J 2S4 (514) fbaldino83@gmail.com They are: Me L.P. Roy and Me A. Pilon 800, boul. de Maisonneuve Est Bureau 900 Montréal (Québec) H2L 4M7 Tél: Téléc: Reason for my complaint: I am filing this complaint because I believe the above mentioned attorneys acted inappropriately with me and are now lying about it. I tried to file a complaint directly with legal aid and they did nothing. The lawyers are lying and if you take the time to consider all the fact, its quite obvious. I have taken them to small claims court. I have attached the response I received from them and here my original statement to them: I had 2 charges against me. I did not originally attempt to get a lawyer because I had never been charged with anything before and (in my naivete) expected that the cases will be dropped once I explained myself to the prosecutor. When I realized that this was serious and I had entered the bureaucratic madness of the judicial system, I called to ask for legal aid. I spoke to someone on the phone and she said that I could come see the lawyer on May 22. I believe I had a proforma the next day (I am not sure) and a trial date for June 2. I explained to the person on the phone that I wasn't sure what I made last year but it was over $30, BUT that I had only received EI this year, and had made about $50 a week doing an occasional job AND had not received ANY income (including EI) for some time. She said that it was not her decision but its 2014 that matters not I thought this made sense and I was relieved to hear it. By the time May 22nd arrived I had not received any income in 6 weeks. First I went into the office of Emillie Pillon. She looked at my file (she had only one of the charges), looked at me and the statements I had in my hand and said "Where is your pay slip?" To which I replied, "I don't have one, I haven't been paid anything in 6 weeks. But you can see that in my statements." She responded "No." She took out a form and started asking me questions, I gave my address, she asked for the apartment number and I said "Each condo unit has its own civic address in my building, so I don't have one" She smiled and said "oh so you own a Condo!?" I responded, "Yes but I have almost no equity in it, is that a problem?" She said that I won't qualify if I own a condo. I was shocked to hear this but assumed that it was true, I said "But what am I supposed to do!? I have no money! No income! How could I not qualify!?" She just just shook her head. Shortly after Louis Phillipe Roy entered the office with my file and said, while looking in the direction of Emillie Pillon "What the hell is this? Why did she give this to me?" As he put the file on Emillie's desk. At this point I mostly zoned out but she told him that it was an appeal. Louis asked me and I said "no, that;s a different charge, but its the same person making these ridiculous accusations against me. One of them is at the municipal court, the other is provincial." This conversation went for a minute or so between the two of them. I then explained to Louis the same thing I had told Emilie.

4 Louis then said "Do you know what it is to prepare a trial? June 2nd! You come here at the last minute!" Emillie told him that I had a condo and Louis asked, "Where do you live?" I replied, "Little Bergundy" He looked at Emillie and said "I don't have that" as she shrugged her shoulders Louis then asked what I was getting from EI. I believe I said 410 (it may in actuality have been ~430) but that I wasn't receiving it for the last 6 weeks. Then he said, "but we're going to accept you now and then you're going to find a new job and not be accepted" And then I don't know what I said because I remember thinking "is this person an idiot or does he think I am?" and how afraid I was because I didn't know how I could afford to defend myself. Louis, as he stood over me at the side of Emillie's desk, then asked "how much did you make last year?" I said "I'm not sure, it was like 32, or 33 thousand, around there. For sure it was more than 25, 000 (alluding to the ~ maximum income allowed)." He then filled out the paper. I once again insisted that I was going to make much less than this year and had no current income but Louis said "You'll find another job." Emilie was pretty much quiet during this exchange. Louis filled out the form, flipped the page and asked me to sign something. Before I could even read it, he said "You don't have to read it, just sign it!" I then looked at him in frustrated and puzzled way, "I'm not supposed to read what I sign!? I never thought I'd hear that at a lawyers office" He then flipped to another page and said, "Okay never mind that, just sign this" Again he was rushing me and I was made to feel stupid. In general I just wanted to get out of there because my life was beginning to completely fall apart and I had no idea how I could even defend myself. I looked at the page and saw the it was the income from I looked very quickly but I believe (and still do) that the information was correct, so I said I would sign it. He then gave the number to get a lawyer from the bar association. I want to stress once more, that given what was happening in 2014 that should have taken precedence. I was refused and need to get a lawyer. I spent over ~$ on the first one and $ on the second one. I would not have had to pay this if I had received legal aid when I should have. I want my money back (I will happily provide you with all the receipts) and I want to ensure that this does not repeat itself. Date of original application for legal aid: May 22, 2014

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9 Annexe 2

10 De : Amélie Pilon [mailto:mepilon@bmdavocats.com] Envoyé : 31 mai :26 À : Leroux Francine Objet : PERSONNEL et CONFIDENTIEL N/D: DEP Bonjour, Tel que demandé, je vous envoie ci-joint une lettre fournissant mes commentaires et explications suite à la demande d'enquête à mon égard de la part de Monsieur Franco Baldino. La lettre originale vous sera envoyée par courrier recommandé demain matin (lundi, le 1er juin). En espérant le tout conforme, Me Amélie Pilon BMD Avocats Bureau de Laval Bureau de Montréal 4020, rue Louis-B.-Mayer, Suite , Place des Roseraies, suite 202 Laval (Québec) H7P 0J1 Montréal (Québec) H1M 2X6 Tel.: (514) Tél.: (514) Télec.: (514) Télec.: (514)

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33 De : Franco Baldino [mailto:fbaldino83@gmail.com] Envoyé : 13 mai :18 À : Courrier Syndic - Montréal Objet : Re: Complaint against Me L.P. Roy and Me A. Pilon I am just writing to notify you of a change of address. My address as of June 1st is: 5800 Hadley Montreal, Qc H4E 3N6 My phone number and address remain: (514) fbaldino83@gmail.com On Tue, May 5, 2015 at 1:18 PM, Franco Baldino <fbaldino83@gmail.com> wrote: I am: Franco Baldino 810 Dominion Montreal, Qc H3J 2S4 (514) fbaldino83@gmail.com They are: Me L.P. Roy and Me A. Pilon 800, boul. de Maisonneuve Est Bureau 900 Montréal (Québec) H2L 4M7 Tél: Téléc: Reason for my complaint: I am filing this complaint because I believe the above mentioned attorneys acted inappropriately with me and are now lying about it. I tried to file a complaint directly with legal aid and they did nothing. The lawyers are lying and if you take the time to consider all the fact, its quite obvious. I have taken them to small claims court. I have attached the response I received from them and here my original statement to them: I had 2 charges against me. I did not originally attempt to get a lawyer because I had never been charged with anything before and (in my naivete) expected that the cases will be dropped once I explained myself to the prosecutor. When I realized that this was serious and I had entered the bureaucratic madness of the judicial system, I called to ask for legal aid. I spoke to someone on the phone and she said that I could come see the lawyer on May 22. I believe I had a proforma the next day (I am not sure) and a trial date for June 2. I explained to the person on the phone that I wasn't sure what I made last year but it was over $30, BUT that I had only received EI this year, and had made about $50 a week doing an occasional job AND had not received ANY income (including EI) for some time. She said that it was not her decision but its 2014 that matters not I thought this made sense and I was relieved to hear it. By the time May 22nd arrived I had not received any income in 6 weeks. First I went into the office of Emillie Pillon. She looked at my file (she had only one of the charges), looked at me and the statements I had in my hand and said "Where is your pay slip?" To which I replied, "I don't have one, I haven't been paid anything in 6 weeks. But you can see that in my statements." She responded "No."

34 She took out a form and started asking me questions, I gave my address, she asked for the apartment number and I said "Each condo unit has its own civic address in my building, so I don't have one" She smiled and said "oh so you own a Condo!?" I responded, "Yes but I have almost no equity in it, is that a problem?" She said that I won't qualify if I own a condo. I was shocked to hear this but assumed that it was true, I said "But what am I supposed to do!? I have no money! No income! How could I not qualify!?" She just just shook her head. Shortly after Louis Phillipe Roy entered the office with my file and said, while looking in the direction of Emillie Pillon "What the hell is this? Why did she give this to me?" As he put the file on Emillie's desk. At this point I mostly zoned out but she told him that it was an appeal. Louis asked me and I said "no, that;s a different charge, but its the same person making these ridiculous accusations against me. One of them is at the municipal court, the other is provincial." This conversation went for a minute or so between the two of them. I then explained to Louis the same thing I had told Emilie. Louis then said "Do you know what it is to prepare a trial? June 2nd! You come here at the last minute!" Emillie told him that I had a condo and Louis asked, "Where do you live?" I replied, "Little Bergundy" He looked at Emillie and said "I don't have that" as she shrugged her shoulders Louis then asked what I was getting from EI. I believe I said 410 (it may in actuality have been ~430) but that I wasn't receiving it for the last 6 weeks. Then he said, "but we're going to accept you now and then you're going to find a new job and not be accepted" And then I don't know what I said because I remember thinking "is this person an idiot or does he think I am?" and how afraid I was because I didn't know how I could afford to defend myself. Louis, as he stood over me at the side of Emillie's desk, then asked "how much did you make last year?" I said "I'm not sure, it was like 32, or 33 thousand, around there. For sure it was more than 25, 000 (alluding to the ~ maximum income allowed)." He then filled out the paper. I once again insisted that I was going to make much less than this year and had no current income but Louis said "You'll find another job." Emilie was pretty much quiet during this exchange. Louis filled out the form, flipped the page and asked me to sign something. Before I could even read it, he said "You don't have to read it, just sign it!" I then looked at him in frustrated and puzzled way, "I'm not supposed to read what I sign!? I never thought I'd hear that at a lawyers office" He then flipped to another page and said, "Okay never mind that, just sign this" Again he was rushing me and I was made to feel stupid. In general I just wanted to get out of there because my life was beginning to completely fall apart and I had no idea how I could even defend myself. I looked at the page and saw the it was the income from I looked very quickly but I believe (and still do) that the information was correct, so I said I would sign it. He then gave the number to get a lawyer from the bar association. I want to stress once more, that given what was happening in 2014 that should have taken precedence. I was refused and need to get a lawyer. I spent over ~$ on the first one and $ on the second one. I would not have had to pay this if I had received legal aid when I should have. I want my money back (I will happily provide you with all the receipts) and I want to ensure that this does not repeat itself. Date of original application for legal aid: May 22, 2014

35 De : Franco Baldino [mailto:fbaldino83@gmail.com] Envoyé : 21 mai :20 À : Courrier Syndic - Montréal Objet : Re: Complaint against Me L.P. Roy and Me A. Pilon My address as of June 1st has changed (the previous address is incorrect): 3355 Allard apt. 107 Montreal Qc H4E 2N3 My phone number and address remain: (514) fbaldino83@gmail.com On Wed, May 13, 2015 at 10:17 AM, Franco Baldino <fbaldino83@gmail.com> wrote: I am just writing to notify you of a change of address. My address as of June 1st is: 5800 Hadley Montreal, Qc H4E 3N6 My phone number and address remain: (514) fbaldino83@gmail.com On Tue, May 5, 2015 at 1:18 PM, Franco Baldino <fbaldino83@gmail.com> wrote: I am: Franco Baldino 810 Dominion Montreal, Qc H3J 2S4 (514) fbaldino83@gmail.com They are: Me L.P. Roy and Me A. Pilon 800, boul. de Maisonneuve Est Bureau 900 Montréal (Québec) H2L 4M7 Tél: Téléc: Reason for my complaint: I am filing this complaint because I believe the above mentioned attorneys acted inappropriately with me and are now lying about it. I tried to file a complaint directly with legal aid and they did nothing. The lawyers are lying and if you take the time to consider all the fact, its quite obvious. I have taken them to small claims court. I have attached the response I received from them and here my original statement to them: I had 2 charges against me. I did not originally attempt to get a lawyer because I had never been charged with anything before and (in my naivete) expected that the cases will be dropped once I explained myself to the prosecutor. When I

36 realized that this was serious and I had entered the bureaucratic madness of the judicial system, I called to ask for legal aid. I spoke to someone on the phone and she said that I could come see the lawyer on May 22. I believe I had a proforma the next day (I am not sure) and a trial date for June 2. I explained to the person on the phone that I wasn't sure what I made last year but it was over $30, BUT that I had only received EI this year, and had made about $50 a week doing an occasional job AND had not received ANY income (including EI) for some time. She said that it was not her decision but its 2014 that matters not I thought this made sense and I was relieved to hear it. By the time May 22nd arrived I had not received any income in 6 weeks. First I went into the office of Emillie Pillon. She looked at my file (she had only one of the charges), looked at me and the statements I had in my hand and said "Where is your pay slip?" To which I replied, "I don't have one, I haven't been paid anything in 6 weeks. But you can see that in my statements." She responded "No." She took out a form and started asking me questions, I gave my address, she asked for the apartment number and I said "Each condo unit has its own civic address in my building, so I don't have one" She smiled and said "oh so you own a Condo!?" I responded, "Yes but I have almost no equity in it, is that a problem?" She said that I won't qualify if I own a condo. I was shocked to hear this but assumed that it was true, I said "But what am I supposed to do!? I have no money! No income! How could I not qualify!?" She just just shook her head. Shortly after Louis Phillipe Roy entered the office with my file and said, while looking in the direction of Emillie Pillon "What the hell is this? Why did she give this to me?" As he put the file on Emillie's desk. At this point I mostly zoned out but she told him that it was an appeal. Louis asked me and I said "no, that;s a different charge, but its the same person making these ridiculous accusations against me. One of them is at the municipal court, the other is provincial." This conversation went for a minute or so between the two of them. I then explained to Louis the same thing I had told Emilie. Louis then said "Do you know what it is to prepare a trial? June 2nd! You come here at the last minute!" Emillie told him that I had a condo and Louis asked, "Where do you live?" I replied, "Little Bergundy" He looked at Emillie and said "I don't have that" as she shrugged her shoulders Louis then asked what I was getting from EI. I believe I said 410 (it may in actuality have been ~430) but that I wasn't receiving it for the last 6 weeks. Then he said, "but we're going to accept you now and then you're going to find a new job and not be accepted" And then I don't know what I said because I remember thinking "is this person an idiot or does he think I am?" and how afraid I was because I didn't know how I could afford to defend myself. Louis, as he stood over me at the side of Emillie's desk, then asked "how much did you make last year?" I said "I'm not sure, it was like 32, or 33 thousand, around there. For sure it was more than 25, 000 (alluding to the ~ maximum income allowed)." He then filled out the paper. I once again insisted that I was going to make much less than this year and had no current income but Louis said "You'll find another job." Emilie was pretty much quiet during this exchange. Louis filled out the form, flipped the page and asked me to sign something. Before I could even read it, he said "You don't have to read it, just sign it!" I then looked at him in frustrated and puzzled way, "I'm not supposed to read what I sign!? I never thought I'd hear that at a lawyers office" He then flipped to another page and said, "Okay never mind that, just sign this" Again he was rushing me and I was made to feel stupid. In general I just wanted to get out of there because my life was beginning to completely fall apart and I had no idea how I could even defend myself. I looked at the page and saw the it was the income from I looked very quickly but I believe (and still do) that the information was correct, so I said I would sign it. He then gave the number to get a lawyer from the bar association. I want to stress once more, that given what was happening in 2014 that should have taken precedence. I was refused and need to get a lawyer. I spent over ~$ on the first one and $ on the second one. I would not have had to pay this if I had received legal aid when I should have. I want my money back (I will happily provide you with all the receipts) and I want to ensure that this does not repeat itself. Date of original application for legal aid: May 22, 2014

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