Nelson Barbados Group Ltd. has commenced a legal proceeding in Ontario, Canada against a group of individuals and companies connected to the Kingsland Estates Ltd. matter, alleging that the actions of these individuals and companies have caused financial loss to the plaintiff. Some of the interesting clauses in the court documents include:
- “The Plaintiff states that the actions of the Defendants as set out herein have advertently or negligently frustrated and undermined the realization of the full value of the common shares of Kingsland and deprived the Plaintiff from realizing upon the economic benefits to which it would otherwise be entitled.”
- “It has become impossible for the Plaintiff to enforce or collect any judgement payable by Barbados in Barbados because of the facts stated herein including that some of the co-conspirators are members of the judiciary and governing party. Accordingly the Plaintiff seeks a mareva or other injunction that will seize or freeze funds payable by third parties located outside Barbados.”
Defendants include the Prime Minister of Barbados, Owen Arthur, the Chief Justice, David Simmons, and many wealthy Barbadians. Click here to see the entire list of over 50 individuals.
Spotlight on …
Our regular column, “Spotlight 0n …..”, will showcase the respective defendants involved with Kingsland Estates Ltd and its valuable real-estate holdings in Barbados. Every few days, or as time permits, Keltruth Corp. blog will highlight a person, a group of persons, or a business entity on the list of defendants above. This issue impacts the lives of all Barbadians, and therefore both the defendants and the general public are most welcome and strongly encouraged to post their comments.
If you are on the list of defendants, please be assured that you will have your day to bask in the spotlight. It may take time, but every entity on the list will be scrutinized. Click here to discover on whom the spotlight falls….
Spotlight on …..
Eric Iain Stewart Deane a.k.a. Iain Deane
Tracking Down the Elusive Iain Deane
Iain Deane, one of the defendants in the Canadian lawsuit between Nelson Barbados Group Ltd and Richard Ivan Cox et al, has proved to be very difficult to serve. To date, all attempts to serve Iain Deane in person have failed, so a Canadian court ordered by a newspaper ad to be published in Barbados.
It is remarkable that the same Iain Deane who is engaged in a lawsuit, and who has a local Barbadian lawyer, cannot be found for the Canadian lawsuit. Would his own lawyer, Vernon Smith, not be able to find him? How does Mr. Smith receive instructions if he does not know where Iain is? This boggles the mind!
Here is a PDF file of the Canadian court’s order to publish a newspaper ad in Barbados to find the elusive Mr. Iain Deane:
Will never properly executed
Iain Deane is a beneficiary of Senator Colin Deane’s will. Senator Deane passed away in 1982. Colin Deane’s will has never been properly executed. If it were, Madge Knox, as a beneficiary, would receive a considerable amount. More than 25 years after the death of Colin, his will is still in limbo. Iain Deane was the executor and he has failed to perform his duty properly.
An ironic twist to this story is that Iain Deane recently sued Mrs. Knox (yes the same Mrs. Knox named in the Canadian Action) for fraud. We believe that Mr. Iain Deane, brought a suit against Madge Knox for fraud in 2001, and while Mrs. Knox was on a short trip out of the island in 2007 Mr. Deane won a charging order on her shares in her absence. Iain Deane, while suing Mrs. Knox for fraud, has been unreachable and unservable by the plaintiffs of the Canadian lawsuit. Iain Deane’s lawyer, Vernon Smith, has not produced his client.
Beneficiaries of wills in Barbados beware!
Mrs. Knox did not fare well in court trying to get Iain Deane to execute the terms of the will. The Honourable Justice Kaye Goodridge has ruled that Iain Deane has no obligation to provide any accounting to Mrs. Knox for the execution of the will. Further action is unlikely, as Mrs. Knox would have to raise tens of thousands of dollars for an appeal. An elderly lady loses her inheritance from her brother, due to the inaction of the “fiduciary” executor, and there is no feasible recourse.
Beneficiaries under wills in Barbados should examine this judgement carefully, as it may undermine their ability to collect what has been willed to them. The judgement implies that the Barbadian legal system does not require elusive executors to perform their duties after a certain amount of time has passed.