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183.1 Where a private communication is originated by more than one person or is intended by the originator thereof to be received by more than one person, a consent to the interception thereof by any one of those persons is sufficient consent for the purposes of any provision of this Part. 1993, c. 40, s. 2.
Interception of Communications
Interception
184. (1) Every one who, by means of any electro-magnetic, acoustic, mechanical or other device, wilfully intercepts a private communication is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Saving provision
(2) Subsection (1) does not apply to
(a) a person who has the consent to intercept, express or implied, of the originator of the private communication or of the person intended by the originator thereof to receive it;
Source: Criminal Code of Canada
Translated out of legalese, any conversation can be recorded as long as one party to the conversation consents.
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ONTARIO COURT OF JUSTICE
(Name of Court)
xxxbridge Street West, Belleville, Ontario K8P 0C3
atCourt office addressCourt file number
xxxxx
Form 14A: Affidavit
(General) dated
April 17, 2014
Applicant(s) Full legal name & address for service - street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).██████████████████████████
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██████████████████████████ Lawyer's name & address - street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).██████████████████████████
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Respondent(s) Full legal name & address for service- street & number, municipality, postal code, telephone & fax and e-mail address (if any).Terri-Anne Bucholtz
273 Zion Road
Striling Ontario
K0K 3E0Lawyer's name & address - street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).
Jeffrey Van de Kleut
Barrister & Solicitor
199 Front Street
Suite 200
Belleville, Ontario K8N 5H5
Tel: (613) 969-2836
Fax: (613) 966-7609My name is (full legal name) April Veley
I live in (municipality & province) Stirling, Province of Ontario
and I swear/affirm that the following is true:
Set out the statements of fact in consecutively numbered paragraphs. Where possible, each numbered paragraph should consist of one complete sentence and be limited to a particular statement of fact. If you learned a fact from someone else, you must give that person's name and state that you believe that fact to be true.
- I am the legal assistant for Jeffrey J. Van de Kleut, solicilor for the Applicant in this matter. This affidavit is based on my direct involvement with the file, as well as information from Mr Van de Kleut, which I verily believe to be true.
- The Applicant, in the course of Mr. Van de Kleut's retainer, has
- Not attended for scheduled appointments, forcing a rescheduling at the last minute and difficulties filing documents, or attended late for appointments, making it difficult to get the work done that needed to be done.
- Provided draft material to Mr. Van de Kleut very close to the scheduled court date, and then crilicizing his efforts to dralt a document from that material.
- Repeatedly indicated to Mr. Van de Kleut that she felt he was not doing his job as a lawyer.
- Disagreed frequently with Mr. Van de Kleut's advice as to what should be the focus in court documents and submissions.
- Engaged in a phone call with Mr. Van de Kleut that she later advised him was on speakerphone for unknown others to listen to
- Repeatedly told Mr. Van de Kleut that she has been discussing this cose with others and they agree that Mr Van de Kleut is not doing what he should to forward her case
- In the course of court proceedings, constantly tried to talk to Mr. Van de Kleut while he was making submissions, or while he was trying to listen to the judge or opposing counsel speak
- Accused Mr. Van de Kleut of working in collaboration with opposing counsel in ensuring that the matter was only before a particular judge, to her detriment
- Disregarded Mr Van de Klcut's requests not to send texts, as they were extremely long and arrived in bits and pieces out of order, making them difficult to understand. She told Mr. Van de Kleut he should he able to understand them as he "went to law school."
- On April 15. in the midst of a phone call lo Mr Van de Kleut, advised Mr. Van de Kleut that she has, without his knowledge or consent, heen recording all of his phone conversations with her.
- Mr. Van de Kleut ended the conversation with the Applicant immediately when he was advised she was recording his conversations. She then proceeded to call the office repeatedly until Mr. Van dc Kleut sent her a text asking her to stop. She left a couple of voicemail messages that went on at length, including confirmation that I "quit" on her. She said among other things that when she drafts an affidavit, she expects that I will not make changes to it.
- There has been a clear breakdown in the solicitor client relationship. Mr. Van dc Kleut cannot act for a client that has engaged in the conduct the Applicant had engaged in. She will not follow advice. There can be no trust in a relationship where the client records the solicitor's conversations without his knowledge.
- Further, it is clear the Applicant has no confidence in Mr. Van dc Kleut's abilities as a solicitor.
- Mr. Van dc Kleut has not communicated with the Applicant since, except to advise by text that he would be bringing this motion to remove himself as solicitor of record.
Put a line through any blank space left on this page.
Sworn/Affirmed before me at Belleville April Veley
Signature(This form is to be signed in front of a lawyer, justice of the peace, notary public or commissioner for taking affidavits.)
(municipality) In Province of Ontario
(province, state or country) on April 17, 2014 /illegible/
(date) Commissioner for taking affidavits
(Type or print below if signature is illegible)
Applicant(s) Full legal name & address for service - street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).██████████████████████████
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██████████████████████████ Lawyer's name & address - street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).██████████████████████████
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Respondent(s) Full legal name & address for service- street & number, municipality, postal code, telephone & fax and e-mail address (if any).Terri-Anne Bucholtz
273 Zion Road
Striling Ontario
K0K 3E0Lawyer's name & address - street & number, municipality, postal code, telephone & fax numbers and e-mail address (if any).
Jeffrey Van de Kleut
Barrister & Solicitor
199 Front Street
Suite 200
Belleville, Ontario K8N 5H5
Tel: (613) 969-2836
Fax: (613) 966-7609
The person making this motion or the person's lawyer must contact the clerk of the court by telephone or otherwise to choose a time and a date when the court could hear this motion TO THE PARTIES:
THE COURT WILL HEAR A MOTION on (date) April 24, 2014 at 9:30 am, or as soon as possible after that time at: (place of hearing)
15 Bridge Street West, Belleville, Ontario K8P 0C3This motion will be made by (name of person making motion) Jeffrey J. Van de Kleut who will be asking the court for an order for the item(s) listed on page 2 of this notice
■ A copy of the affidavit(s) in support of the motion is served with this notice.□ A notice of a case conference is served with this notice to change an order.If this material is missing, you should talk to the court office immediately.
The person making this motion is also relying on the following documents in the continuing record: (List documents.)
If you want to oppose this motion or to give your own views, you should talk to your own lawyer and prepare your own affidavit, serve it on all other parties not later than 4 days before the date above and file it at the court office not later than 2 days before that date. Only written and affidavit evidence will be allowed at a motion unless the court gives permission for oral testimony. You may bring your lawyer to the motion.
IF YOU DO NOT COME TO THE MOTION, THE COURT MAY MAKE AN ORDER WITHOUT YOU AND ENFORCE IT AGAINST YOU.
Jeffrey J. Van de Kleut, B.A. (Hons.) LL.B
Barrister & Solicitor
199 Front Street
Centurv Place
Suitc 200
Belleville, Ontario
K8N 5H5Tel: (6l3) 969 2836
Fax: (613)966 7609
Email: jeffvan@cogeco.netApril 17, 2014
Ms. Terry-Ann Bucholtz
364 Sidney Street,
Apt #5,
Belleville, OniarioRe: Family Court matters
Dear Ms. Bucholtz,
Enclosed please find my Notice of Motion to remove myself as your solicitor of record, as well as the Affidavit of April Veley sworn April 17th 2014 served on you pursuant to the Rules of Civil Procedure. Please note this motion is returnable on April 24th 2014 at 9:30 a.m. and you must attend court at that time.
I confirm to you that the only person who sees the Affidavit of April Veley is yourself. The only document served on opposing counsel is my Notice of Motion.
I trust the above is satisfactory.
Yours very truly
/signed/
Jeffrey J. Van de Kleut
JJVK/av
rMMwnvwvM TO THE PARTIES: motion Of 9i» £*TO* I «» »*fnrvm avtma v* THE COURT WILL HEAR A MOTION on \nnl 24 2014 a** of ew eou-r MaMem *¦ at/arm) 9:30un , or at toon aa pomble after that lima at: (place of fteanng) CAOOW * BBBI antf o*n tf* cast cewtr ft** ¦** "weo* 5 Bridge Street West, Belleville. Ontario K8I» 0C3 fx"] A copy of the athdavit(s) m support of this motion is served with this notice ] A no bee of a case conference is served with this notice to change an order If thrs material is missing, you should (aft to the court office immediately The person making this motion is also relying on the following documents in the continuing record (Lis! documenfa) If you want to oppose this motion or to give your own views, you should talk to your own lawyer and prepare your own affidavit serve it on all other parties not later than 4 days before the date above and file il at the court office not later than 2 days before that date Only written and affidavit evidence win be allowed at a motion unless the court gives permission for oral testimony You may bring your lawyer to the motion IF YOU DO NOT COME TO THE MOTION. THE COURT MAY MAKE AN ORDER WITHOUT YOU AND ENFORCE IT AGAINST YOU. 'LP I4fjur» 15 2007) firiMCc-mn* 'I'ouoh any blank apace on this pari Sworn/Affirmed before me at Belleville (municipality) *n Province of Ontario 0" April 17 2014 (dote) (province, stnto ovenuntry) V Co*jrjuss*or (Typo^fpnnl namJV itHfaffKlnvits V ^signature iltoqtblo) Signature I (This form to bo signed in 'ra/tt of a lawyer, isbce ol the peace, notary public or commissioner tor taking affidavits) Respond«nU» 27.1 Zioo Sinlioe. Ontario KOK .1« Form 14A: datod Apt 5379 OM IHrW2 Sh.nr.«n,tllc»n.-r»oK0K3A T*l: (613)96* 2404 K.i: (613)968 2470 JrfTrry Van dr Kleul BarrMtr * Solicitor |99 FrOBl Mrccl Suilc 200 Hello ilk. Ontario K8N 5H5 Tel: (613)969 2836 Y'mx: 1613)966 7609 My name is Ifitfgalnsfrmi April Vtfrj I live In tmunKv#y**P r****) Stirling. ProvinceOf Ontario and I wmtmtkWm mat tha following r» Irut: _ fluu.iiri irnri i------' ' ' ' ' "fv0****-t"*numtMnd*****c^ «rnp*w OMm and bf wnrfad to a p**U* stotomen* o/ /acf V you toamod a fact from sonmx* Is* yoomuatgrv* that person s nam* and sf ata thl you oaaav* toa/ totf to oa ftia)