My Factum

“A” In the Spring of 1987 Townsend bought his property together with a right-of-way¹ having the legal status of a highway.² Mr. Broadbent’s future client³ fought to prevent Townsend from building a home⁴ and interfered with lawful access even after the house was built.⁵ Broadbent’s future friend, Mrs. Brandt,⁶ and Mr. Harrison gave contradictory evidence that Townsend ran over Mr. Harrison with his truck.⁷ Mrs. Brandt even launched a lawsuit in pursuit of having Townsend’s house and home demolished,⁸ and later she denied it under oath.⁹ Townsend’s lawsuit to stop the harassment ended with an order for costs ($8500.00) against Townsend on the presumption that Townsend should have trespassed instead of developed a road over his easement, and should have ended his case without costs.¹⁰ Townsend’s rights and the rule on costs was disrespected as the Judge and Broadbent had defeated the ruling Townsend sought.¹¹ see schedule “A” (etc)

1. Tab 32.13/14; 2. Tab 1, pgs. 7-14; 3. Tab 32.2 item 6; 4. Tab 36.33;

5. Tab 36.44; 6. trial trans. pg. 186, 304; 7. Tab 36.50 & oath of Veronika Brandt p. 17;

8. Claim #12133/93; 9. trial trans. p. 335; 10. Reasons for judgment of Trainor J.

11. Rule 49, judgment of Trainor J. dated May 15, 1995.

“B” On July 7, 1994, Jeffrey D. Broadbent (Broadbent) took possession of his client’s property while it was in litigation with Donald James Townsend (Townsend).¹ Broadbent was asked to resolve the drainage dispute by directing his sump water onto a swale on Townsend’s property,^2,3 but he refused to do it without an official easement from Townsend³ and pumped water onto Townsend’s driveway instead,⁴ with the idea that he had the right to use Townsend’s swale without an easement.⁵ Centra Gas installed a line to the property on September 21, 1994,¹ and when they left Broadbent told Townsend he would pursue criminal and/or civil proceedings against Townsend if Townsend raised the road over Townsend’s easement;⁶ so for evidence and for protection against false accusations, and on the past advice of the Police,⁷ Townsend started taking photographs for the first time in almost a year.⁸

1. Tab 32, paragraphs 2,3,6,11. 2. Tab 37.6, item 13. 3. Broadbent exam Q. 372, 373;

4. Broadbent exam Q. 116; 5. Broadbent exam Q. 12;

6. Tab 36.11 #4; 38, item 5 and Broadbent’s exam Q. 543, 544;

7. Criminal transcripts vol. 2, pgs. 150, 151; 8. Index print at Tab 54.1.

“C” On September 26, 1994, Broadbent became violent and criminally harassed Townsend after Townsend filled a pothole in a road over Townsend’s easement,¹ yet he admitted Townsend had a right to level the road and when he sued Townsend, only the page of his letter that proved this understanding was not filed.² Broadbent acted upon his threat to bring charges against Townsend and advised Townsend to expect a lot of trouble because of Broadbent’s client, and then Broadbent dug deeper holes in the road Townsend repaired.³ Broadbent told Townsend to expect a law suit and an injunction in one week and sought to have the Police charge Townsend,⁴ but after calling the police he deceitfully swore that Townsend called the Police.⁵ Officer Clarida (Clarida) attended in response to Broadbent’s complaint that Townsend had repaired the driveway, and made no report of Broadbent’s criminal conduct except to state the matter was civil unless it happened again.⁶ Broadbent confirms Townsend reported the threat,⁵ yet Clarida accused Townsend of not acting civilly even though Townsend told him and Broadbent he would negotiate if Broadbent would control his temper.⁶ In a letter to Broadbent, Townsend addressed Broadbent’s behavior with a warning that taped recordings would be made for evidence, and gave a copy to the Police.⁷ Broadbent responded with a series of letters suitable for and used for his promised law suit.⁸ Broadbent sued Townsend for working on the road without consultation⁹ and admitted his criminal charges against Townsend resulted from his refusal to give Broadbent a drainage easement.¹⁰

1. Tab 34-items 5, 6; 2. tab 38.16; 3. 36.12 item 6; 4. tab 38.5-item 19; 5. tab 32-item 19;

6. Incident #0228682-7 (tab 4.3) & Criminal tr. p. 26, ll. 9-16;

7. Letter to Broadbent dated September 27, 1994 (Doc. Tab 33, p. 20)

8. Criminal trans. Vol. 2 - pg 205, ll. 12-16 & ll. 27-30; (Tab. 33.21-27, 33.31 and 33.37)

9. Broadbent exam Q. 649. 10. Broadbent exam Q. 352, and Ans. 356.

“D” On October 21, 1994 the Police took a photograph of a hole Broadbent dug against a tree on Townsend’s road,¹ and on October 22^nd Broadbent dug the hole again and left at 3:30 pm,² but later he falsely swore that he did not dig the hole.³ Broadbent gave Townsend the dirty finger and invited him to engage in a fight,⁴ and the Police attended at 3:51 and left at 4:19 pm.⁵ Officer Rowe made no note of Broadbent’s threat of violence, but Officer Hugli added Townsend’s complaint to her notes.⁶ Broadbent was advised that the Police watched Townsend take soil from around the tree for the purpose of filling the hole Broadbent made⁷ and then he falsely swore that the roots were chopped and damaged ⁸ and that Townsend did it covertly.⁹ Officer Rowe noted Townsend had no axe and did a minimal amount of shoveling to fill the hole Broadbent dug.¹⁰

1. Police photo taken October 21, 1994. 2. Lobert’s notes, Doc. Tab. 29.9Oct. 25/94. 3. Broadbent exam Q. 837 4. Tab 38, item 23 5. Inc. # 0230892-2 Tab 29.7

6. Tab 29.8 7. Letter to Broadbent- tab 4.12. 8. Tab 32, item 29

9. Tab 32, item 32 10. Tab 29.19

“E” As the police left, Catherine Tarvudd (Cathy) walked past Townsend^{1, 2} to his home where she met and berated his wife with accusations of disgraceful conduct³ and blamed her for the situation because she saw her talking to the Police.⁴ Cathy admitted the Police attendance concerned her and then denied she saw them when her lawyer butted in.⁵ Cathy was discussing the situation when Townsend joined in⁶ and later on, Cathy’s sister, Jennifer, joined in long enough to say Mrs. Townsend was acting childish,⁷ and that the Broadbent’s are nice people.⁸ Cathy swore Jennifer was with her all the time,⁹ but Jennifer told the Police she met Townsend on the road and left immediately after berating him and telling him to stop raking the road.¹⁰ Cathy discussed the problem caused by Broadbent’s trailer,¹¹ and only stopped on the road to require Townsend to stop raking if she promised to ask Broadbent to leave the road alone too.^{12, 13}

1. Tab 38 item 24 2. Cathy’s exam Q. 184, 185 3. Tab 41, item 5 4. Tab 41, item 7

5. (her exam Q. 6, 7, 9) 6. (her exam, Q. 175, 176, 193; 7. Tab 41 item 9)

8. (Cathy’s exam Q. 74, 75; 9. (Cathy’s exam Q. 73 10. Tab 5.5, 5.9)

11. (Cathy’s exam Q. 15 12. Q. 76-79; 13. tab 41, Item 9 &10)

“F” In contravention of sec. 140 (b)(c) of the Criminal Code of Canada, Broadbent, being a criminal lawyer who dealt with Police officers,¹ caused the Police to investigate a charge of Mischief against Townsend on October 23, 1994,² and after being told a charge was pending he blocked it by inferring to the Crown that Townsend had psychiatric problems and then he falsely swore Townsend was charged.³ Broadbent served a claim, and notice of motion for an injunction and got an unlawful Court order against Townsend⁴ after he prepared and commissioned an affidavit for Officer Lobert for the purpose of obtaining the injunction.⁵ The affidavit contained a statement that Townsend admitted chopping the roots of a tree,⁶ yet Broadbent and Officer Lobert were made aware that Townsend leveled around the tree without chopping the roots.⁷

1. Criminal transcript pg 151, line 27, pg 158, ll. 9-11; 2. Incident #0231010-7;

3. Broadbent exam Q. 437, 438; Tab 29.13; Tab 32.9

4. Tab 34, Item 15, tab 1, tab 44, 11-13;

5. Tab 4.15 to 4.18; Tab 34.3; Broadbent exam Q. 833, 834; 6. Tab 4.17, item 5;

7. Tab 4.10 & 12; tab 29.13; tab 34.5 Item16;

“G” Before November 13, 1994, Cathy visited Broadbent at his home¹ and told him, as she told the Police, that the only thing she saw Townsend with was a shovel and a rake and that she did not see him chopping a tree.² Broadbent later used his wife to give false evidence that Cathy called to say she witnessed Townsend damaging trees.³ On November 13, 1994, Townsend visited Cathy⁴ to tell her he was accused of chopping a tree and to ask her to tell the Police in writing what she saw.⁵ Townsend told her that Officer Lobert informed him no charges were pending against him⁵ and assured her she was asked to be truthful.^{5, 6} She later swore Townsend said he would go to jail if she did not write a letter to the Police and tell what she saw,⁴ but Townsend had already warned the Police about charging him in a civil matter,⁷ and the Police had already told Townsend charges were not pending.⁸

1) Broadbent’s letter to Police, dated November 15, 1994, & his exam Q. 690, 693.

2) Catherine Tarvudd’s Statement on November 19, 1994

3) Tracy-Lynn Broadbent’s December 21, 1996 Statement; criminal trans. Pg 106, ll. 9-15 & ll. 22-26; pg. 107, ll. 1-2

4) Catherine Tarvudd’s affidavit sworn November 15, 1994

5) Tab 37.3 (g) (h); 6) Cathy’s December 6, 1994 exam Q. 97

7) Tab 4.12; 8) Tab 29.13

“H” Cathy confronted Townsend on October 22^nd because she wanted to stop a dispute and have a judge decide who should work on the road;¹ and then on November 15, 1994, she swore an affidavit² prepared by Broadbent for his lawsuit and worded to support his motion for an injunction, his statement of claim, and a charge against Townsend.³ He immediately pursued a charge of obstruction of justice against Townsend by sending a letter to the Crown and Police, with her affidavit stating that Townsend asked her to lie to the Police by telling them he didn’t have an axe and wasn’t chopping the tree.⁴ Cathy swore that Townsend asked her to tell the Police what she saw and she further swore that she did not see Townsend chopping at the tree with an axe, and that Townsend changed his mind about asking her to lie.⁵ The affidavit Broadbent wrote for Cathy states she confronted Townsend because she saw him digging around the base of Broadbent’s tree,² but that was blocked from her view,^{6, 7} and she and her sister gave evidence that they approached Townsend because he was working on the road.⁸

1. Cathy’s exam Q. 10, 13; 2. Cathy’s November 15/94 affidavit.

3. Broadbent exam Q. 741-744. 4. Broadbent exam Q. 824; Nov. 15/94 letters

5. exam Q. 50, 97, 102, Nov. 29/94 letter to Crown. 6. Affidavit of R. Mc Cutcheon; 7. Cathy’s exam Q. 129; 8. Cathy & Jennifer statement

“I” Cathy was examined on December 6, 1994, and shown a photo marked exhibit “B” that matches the one taken by the police which shows the hole Broadbent dug against the tree,¹ and she swore Townsend dug it and filled it and was digging and raking from the hole to 4 feet away.² She swore her sister talked to Townsend for 15-20 minutes and that she was with her all the time, but her sister’s statement contradicts this.³ Broadbent falsely swore he had nothing to do with preparing the affidavit⁴ but Cathy swore that she worded it verbatim and he wrote it, and he contradicted his evidence.⁵

1. Tab 55, pg. 12, 13; Inc. Report #0231010-7; 2. Cathy’s exam (Cex) Q. 33, 34, 37;

3. Cathy’s Nov. 15/94 Affidavit; Cr-ex Q. 73; Tab 5, pp. 5, 9; 4. trial trans. p. 232; ll. 3-6;

5. Exam of Cathy Q. 5, 115; Broadbent exam Q. 751, 764.

“J” On March 13, 1995, a Court suggested Broadbent’s case was frivolous,¹ and then he no longer had a problem with Townsend maintaining their shared road.² In support of everyone’s interests the Court pursued Minutes of Settlement³ and an agreement was reached that $200.00 worth of gravel would be placed between Townsend’s gate and a certain maple cluster.⁴ Then Broadbent asked for an injunction to bar Townsend’s rights⁵ and the Court opposed Townsend’s interests in the settlement with undue influence⁶ and advised Townsend the cost of protesting would be devastating, and untruthfully stated the resulting Order would declare his rights⁷ and that he had to limit his rights.⁸ Even with Broadbent’s approval, the Court would not allow Townsend to set terms of a settlement⁹ and suggested Townsend take pictures if a problem arose.¹⁰ Finally, the Court prepared Minutes of Settlement without necessary stipulations, and Townsend reluctantly signed the Document after the Court said the terms would be explained to him at a later time.^10,11

^{1. Pretrial transcript of March 13, 1995, (pretrial) pgs. 1 & 20; 2. Pretrial, pg. 13;}

3. Pretrial, pgs. 20-21; 4. Pretrial, pgs. 32 - 34; 5. Pretrial, pg. 37;

6. Pretrial, pgs. 34, 38-88; 7. Pretrial, pgs. 41-44, 51; 8. Pretrial, pgs. 48-49;

9. Pretrial, pgs. 78, 79; 10. Pretrial, pg. 86; 11. Pretrial, pp. 54-58, 89.

“K” On March 24, 1995, Broadbent’s motion for a judgment on the Minutes of Settlement was heard and his lawyer admitted that Townsend objected promptly to the settlement on the grounds of duress.¹ Fairness, fact and law was ignored, and the issue of the Minutes of Settlement was adjourned to be heard by another Court.²

1. Transcript on Proceedings on March 24, 1995, page 3, ll. 15-20; & 2. @ pgs. 8, 9.

“L” On May 15, 1995, The Court heard Broadbent’s motion for an order in accordance with the Minutes of Settlement, and Justice Trainor ruled that neither the settlement nor his judgment created an injunction.¹ Broadbent had a survey done on May 11, 1995 that misrepresented the location of the road, and where the gravel was to be placed, and he paid more than three times the proper cost of the survey used to deny the settlement and defraud Townsend.² Judge Trainor saw proof that the survey did not represent the location of the road and ordered Townsend to pay $4184.12 in costs including $749.00 for the survey for objecting to endorsing Minutes of Settlement while under duress.^{2, 3} Then on June 2, 1995, Broadbent defeated the settlement and defrauded Townsend, and criminally harassed him by darting his truck right at him and on the left side of the road.⁴ On June 6, 1995, after Broadbent disrespected the settlement, Justice Trainor endorsed judgment on the Minutes of Settlement and ordered Townsend to pay another $500.00.⁵

1. Transcript of May 15, 1995, pgs. 1, 46, 54, 56, 62; Book of Docs. Tab 6, pgs. 6, 7;

2. Tab 25, pp.20-24; Tab 55, pp. 20-24; 3. Transcript of May 15, 1995, pgs. 10, 74, 75;

4. Townsend’s May 5, 1995 Affidavit; 5. Appeal book pg. 44; Receipt of June 6/95.

“M” In the Fall of 1995, on October 17^th, Tracy-Lynn Broadbent (Tracy-Lynn) threatened to assault Townsend to prevent him from being on Townsend’s easement and from taking a pictures to show that a survey peg was removed.¹ The Police attended and no complaint of Townsend taking pictures was made, but the Police warned Townsend to stay off his easement while understanding the complaint was a civil matter.² Tracy-Lynn later told the Police Townsend took pictures in the Fall of 1995 to frighten her, but the Police were unable to support her story and the pictures that were taken for evidence showed no fear on her face, so she swore she could not recall her picture being taken.^{1, 3, 4}

1. Criminal Trans. Vol. 2, pgs. 160, 161; Tab 56, pgs. 4, 5;

2. Tab 29.13.2. 3. Criminal trans. Vol. 1, pgs. 128, 129; 4. Tab 16, Pgs. 2, 3;

“N” On December 12, 1995, Broadbent assaulted Townsend with the false excuse that Townsend shoveled snow off the road and the Police refused to charge Broadbent.¹ Then Broadbent again wrongfully threatened Townsend with criminal and civil charges.²

1. Tab 29.14, Incident # 270430-5; 2. Tab 8, pg. 5.

“O” Broadbent threatened and pursued civil or criminal charges against Townsend more than ten times, but it was on July 12, 1996, that he indicated his intention to pursue the charge of criminal harassment against Townsend which he filed with the Police on December 21, 1996.¹ Broadbent encouraged and advised Townsend to take pictures for the Court² and then stated that taking pictures was silly but never asked Townsend to stop.³ After Townsend took a picture showing how Broadbent blocked Townsend’s road with a huge pile of snow,⁴ and later reminded him that pictures were taken for a court record,⁵ Broadbent pursued a charge of harassment relating to the pictures.⁶ On November 2, 1996 Broadbent summoned the Police after Townsend’s snow shovel passed Townsend’s gate, and the police engaged two cruisers to warn Townsend.⁷

1. Tabs - 36.11, 4.3/.7 .8, Inc. #231010-7, #265218-3, Tabs 5.10, 8.5, 11.4/.6/7, 12.3, 13.9, 14.3, appeal book pg. 53; 2. Tab 44.7, 47.3(8); 3. Tab 8.21; 4. Tab 10.2; 5. Tab 14.1; 6. Tab 16.7; 7. Tab 29.15, Inc. # 301842-8.

“P” On the last day of November, 1996, Townsend employed a newly purchased video camera to prove Broadbent committed perjury to sue him, and videos were taken to show Broadbent falsely swore Townsend made their shared road four feet wider than the Fourth Line.^{1, 2} The dating feature allowed Townsend to prove Broadbent covered Townsend’s house number with a piece of plywood on December 13, 1996, and to show that the pointy branches of a log were placed on Townsend’s road on December 19, 1996.² The video taken December 22, 1996 also made it possible for Townsend to show the reason Broadbent had him arrested on December 30, 1996.² The video also showed it was Broadbent that placed the dangerous log on Townsend’s road and that his reason for making a complaint of criminal harassment against Townsend was because Broadbent’s obtrusive actions resulted in log rolling incidents from December 19, to 22, 1996.^{2, 3}

1. Criminal transcript Vol. 2, page 153; 2. video tape; 3. Tab 57, pgs. 12-15;

“Q” Tracy-Lynn alleges that on December 8, 1996, she left her eight year old son¹ in her yard to put on his skis while she pulled her baby in a sled and was about two hundred feet up the road when Townsend drove a car at her baby.² On Discovery Tracy-Lynn swore her husband knew they were going outside and assumed she and her son were on the road together, but she doesn’t think he watched them.³ Broadbent contradicts this evidence by swearing that he got a phone call at his office from his wife about the allegation and immediately went home and cross-examined her.⁴ Broadbent further swore that he cross-examined his wife and relayed her evidence by phone to the Police, advising them that Townsend was hugging the snow banks with his car and forced his “son“ off the road, as well as his wife and baby.⁵ Broadbent must have seen his wife and “son” move aside when Townsend returned from Church on December 8, 1996 as his report was false and he admitted that he did not have anything to say to Clarida about his wife’s story because he did not witness it⁶ Tracy-Lynn told the Police about her December 8, 1996 allegation on December 21, 1996,⁷ but the Police cannot confirm that she mentioned it except in her statement later produced by her husband.⁸

1. Trial trans. p. 56, ll. 15-18) 2. Trial trans. p. 56, line 27 & her December 21, 1996 statement & survey plan of road) 3. Tracy’s December 20,2000 Exam Q. 147, 148

4. Trial. trans. p. 173, ll. 14-19) 5. Trial trans. p. 88, ll. 14-16, p. 175, ll. 10-17, & Broadbent exam Q. 1432, 1440) 6. Broadbent’s exam Q. 1946

7. Tracy’s Exam Q. 272, 273 8. Trial trans. p. 33, 50 51

“R” Clarida claims he received a call from Broadbent on December 8, 1996, ¹ and was told that Tracy and her children had to take cover to avoid being hit.² Tracy’s will say states she moved into the tree line,³ but she told the judge she stayed on the road and hovered over the baby when Townsend veered off within eight feet of hitting the baby, while moving at a high speed.⁴

1. Clarida exam Q. 59 2. Trial trans. p. 29, l. 29 - p. 30, l.- 2

3. Book of Documents Tab 16.13 4. Criminal transcripts page 60, 61