Derek Johnson's Alleged Lawsuit is a Nullity – RECA Response

Many in the real estate industry have received emails or other communications from or on behalf of Derek Johnson or "Hot Justice" or "Mogli Russ, Human Rights Activist" or others concerning an alleged lawsuit or judgement by Mr. Johnson against the Real Estate Council of Alberta (RECA).

There is no such lawsuit. There is no such judgement.

Mr. Johnson has attempted to commence a lawsuit by filing a Statement of Claim suing us and others. His complaint about us arises out of the assessment of an Administrative Penalty of $15,000 against him for breach of the Real Estate Act. The Notice of Administrative Penalty may be seen here.

Mr. Johnson has also attempted to sue the CBC and one of its employees by that same Statement of Claim.

We have been advised that when the lawyer for the CBC and its employee sent to the office of the Clerk of the Court their Statement of Defence, that document was refused by the Clerk on the basis that the lawsuit was improperly commenced. As a result, RECA has not responded to the claim.

There is an outstanding Court ruling requiring that 1158997 Alberta Inc. and Mr. Johnson's related companies, including Partners in Success Mortgage Inc. (one of the named Plaintiffs in Mr. Johnson's Statement of Claim) may only be represented in the future by a lawyer authorized to practice pursuant to Alberta's  Legal Professions Act.  As the Statement of Claim was not filed by a lawyer, the Clerk has concluded that it was filed in breach of this ruling and that it was accepted in error. Accordingly the action is a nullity. That is, it does not exist in law.

We have sought further information from the records of the Clerk, and received advice from the "Procedure Record Print" that the action number was "used in error". There is no indication whatsoever that RECA has been noted in default or made subject to a judgement in default of filing a defense.

Indeed, the fact is the opposite of the allegations made in these emails: No one can obtain a judgement as the lawsuit was not properly commenced in the first place.

For the record, we deny any liability whatsoever. Our conduct throughout was lawful and in fulfilment of the legislative mandate conferred by Alberta's Real Estate Act. We have properly exercised our legislative authority. We have done nothing wrong. 

This Administrative Penalty remains unpaid. No steps have been taken by Mr. Johnson to appeal that decision and it remains in full force and effect.

Comments

[house inspection]

Well, there's so many frauds and scams happens in society and it is the part of the same. So better to check or verify the information before proceeding it further specially when it looks even a little doubtful.

[Passing Stranger]

Ewww. You appear to have developed a case of 'Freemen on the Land' aka Sovereign Citizen Syndrome; where you have an irritation caused by lunatics with delusions about 'Common Law'.

BTW Derek Johnson is/was also known as Ty Griffiths. He, in various personas, has been a vexatious litigant for years, suing (amongst others) the Calgary Court of Queen’s Bench, three Masters of that court and numerous mortgage companies and their lawyers; mostly this was over their refusal to recognise his mortgage fraud business as legit.
He's even mentioned in the famous Meads v Meads judgment (ABQB571)

Good luck dealing with him and his fellow nutters. And be careful, some of the footlers have gotten violent.

[Sue P]

I helped push this complaint thru. It was long and time consuming. It was satisfying that he was finally fined, though he never paid the fine. Today, Nov 2013 he currently has listed MILLIONS of dollars in real estate in Alberta. He is swindling people out of their homes and scamming numerous families PER home out of rents for that foreclosed home.I have taken it higher than RECA. Apparently Alberta IS~ the Wild Wild West as there is no law against stealing peoples homes in the way That Derek Johnson AKA Ty Griffiths steals them. The NUMBER ONE THING that allows him to do this is the fact that in Alberta you can sign over a Land Title without a Judges Signature or Notary Stamp. People think they are protected by Canada Law but the law hasn't caught up with the WWW.
Cops say its not a violent crime, so they will not do ANYTHING, yet they had a FIT about some guy on the subway fondling a woman's HAIR. The called ALL HANDS IN on that one.
People loose their homes and money, families who rented the foreclosed home are left homeless, and Derek Johnson LAUGHS IN THE FACE OF ALBERTA LAW as he drives his Candy Red mustang.

[Rita Simmons]

RECA please stop Derek Johnson...he still continuing selling real estate and ruining peoples lives.

[ruru]

Derek Johnson is not ty Griffiths

[ruru]

Derek Johnson and TY Griffiths are two different people. Derek Johnson is John Davis and other names.

[scammy]

Ty Griffiths is Kevin Kumar who is Laurel Cinnamons husband. They will be all in Jail soon.