My Sufferings in Canada
Summary of my case
My name is Aspi Maneckjee, and I am a victim of wrongdoings by my separated wife, and her male friend Pesi Shroff of Ottawa. Both of them belong to “New Age Group” which has no religious values or righteousness, and they live their lives immorally, with corrupt and materialistic virtues and values. I married Rati Nee Bamji in 1984 in Mumbai with true love and trust, brought her to Canada, gave her home, and treated her with love and respect, and in return Ms. Maneckjee abandoned me when I was at work, and emptied the contents of the matrimonial home on 9th May, 1997, with her male married friend Pesi/Percy Shroff of Ottawa, Ontario,
Ms. Maneckjee falsely states in her pleadings that I was controlling and abusive, and that is why she left the marriage. This is far from the truth, as I have a kind and gentle nature, and has never controlled nor has been abusive to any one, let alone his loved ones. I live my life according to the Zoroastrian tenet of ASHA or righteousness, and my goal in this materialistic world is to enhance the soul, which can only be achieved by doing good.
However, the truth is Ms. Maneckjee abandoned me to collect the spousal support payments, and to live off me without working as a single woman, as most of her friends do in Ottawa. Ms. Maneckjee in 1995-97 was influenced by her Reike Master, Rev. Lin Armour of Manotick, Ontario, and her male friend and Guru Pesi/Percy Shroff of Ottawa.. The primary teachings of her Reike Master are : “1. Universe will provide without working, 2. love everyone, and 3. single parenthood”. Most of the members of this group live singly either off their husbands, social system, disability and/or welfare.
My case has now been going on for the past 10 years as Ms. Maneckjee’s lawyer Mr. Loomer has been asking the court to dismiss my motions by lies and untruths, and they have been prolonging the case for the past 9 years by using dishonest tactics and lies. Their aim is to go on dismissing my motions, so Ms. Maneckjee can go on receiving the spousal and child support, and to increase the settlement amounts, besides Mr. Loomer is fattening his own pockets in terms of costs. The tactics used by Mr. Loomer has been cruel and unethical, and includes telling lies in Ms. Maneckjee’s affidavits, delays in replying my lawyers letters for months at a time, delayed availability for court proceedings, asking for disclosures which are false and/or did not exist and are not relevant to the case, and which took a long time to get from Access to Information Office of Health Canada.
After the final settlement in 2002, the tactics used by Ms. Maneckjee and Mr. Loomer were: garnishing of my bank account when I was abroad on a Zoroastrian religious pilgrimage; despite, I had notified to Mr. Loomer that I was going to hire a lawyer and pay the settlement after my return in 3 - 4 weeks. When I returned from abroad my bank account was garnished, and I had a debt of $5000 on the credit card, so I could not hire any lawyer, and had to represent himself. Mr. Loomer then went to the court with additional motions which included asking for the occupancy rent for his client, and also exclusive right for Ms. Maneckjee to sell the house which were not previously ordered during the settlement by Justice Cosgrove in 2002. Ms. Maneckjee then hired a real estate agent to sell the house who is a buddy of Ms. Maneckjee’s male friend Percy Shroff of Ottawa. Real Estate Agent Mr. Reitsma harassed me and called me names, and made my life unlivable by indecent/unethical means. I had no privacy, and many times clients came to see the house after 8 pm, when I arrived at home exhausted from work. Despite my plea to Mr. Reitsma to show the house between 7:30 am. to 8:00 pm (within 12.5 hours period). Also on the week-end(s) people would just walk in and out of the house with boots on, when I was cooking, cleaning or doing other chores. Most of the time even one hour notice was not given before the showing. I had offered to buy the house; but, his offer was rejected. The house did not sell, as the initial selling price was 7 thousand higher than the going rate of the same condominium unit in the complex. Just before Mr. Reitshma’s contract was over the house price was reduced by 5 thousand dollars, but it did not sell either as other similar properties on the condo complex were priced even lower, then Mr. Reitshma then went on a holidays for over a month to Europe, and the house was not sold because of that for over a year.
I did not have any money in cash, so I could not pay the settlement during (2002 -2005), unless I could re-mortgage the house, or the house was sold by Ms. Maneckjee. Mr. Loomer purposely used the above delaying tactics not to sell the house, so his client Ms. Maneckjee could go on collecting the occupancy rent and the interest payments, in order to increase the settlement, and to fill Mr. Loomer’s own pockets in terms of costs, and to go on extending the divorce. Twice I tried to buy the house form Ms. Maneckjee, but she dishonestly and purposely increased the settlement amounts (by additional $10,000 first time, and $17,000 the second time), so I would question the additional amounts, which Ms. Maneckjee refused to explain, so I could not re-mortgage the house and pay the settlement. Finally the house was sold in May of 2005 by another real agent (Mr. Mody), and the settlement amount was paid from it solely to Ms. Maneckjee. The total initial settlement amount plus ½ the house was $101,759.59 in 2002 (Justice Cosgrove’s Order). I have paid $142,974.65 until today, sum of $41,214.96 over the initial settlement amount, and that includes Ms. Maneckjee’s costs paid to Mr. Loomer’s of $27,050. On the top of this I have paid spousal and child support in the amount of $21,048/ year or around $190,000 in total over the last 9 years , and also all my lawyers fees.
Despite all these payments, Ms. Maneckjee wants my pleadings for termination of spousal, and variation of child support stricken from the court records, so she can go on collecting the spousal support.
I retired in October of 2005, and now I am over 66 years of age, and my retirement income is only $24,670/year. How can Aspi pay $21,048 (spousal and child support) from it, and live my own life at the same time. Ms. Manekjee and Mr. Loomer greed for money has made me homeless and penniless, this they have achieved this by telling lies and using cruel tactics which are appalling, and unhuman. I has been made a slave in Canada, and have suffered mentally, emotionally, and financially for the past 10 years because of it. My side of the case has never been heard by the family court, as Mr. Loomer has succeeded in dismissing all of my cross motions and appeals throughout the litigation (when I represented himself, as I did not have money to hire a lawyer, because my bank account was garnished).
Ms. Maneckjee is the one who has delayed payment of settlement from 2003 until 2005 by not selling the house. She has further delayed my variation of motion since May 2005, by asking for a case conference followed by disclosures and questioning, which were absolutely unnecessary as the final settlement was done in 2002, which just needed to be paid to get the divorce, and to continue with my motion of variation when I retired in November of 2005. This was purposely done to go on receiving the spousal and child support in the mean time. Ms. Maneckjee and her lawyer Mr. Robie Loomer are the ones who have delayed the proceedings and the payment of settlement, and they are blaming me for it. I had nothing to gain by delaying the payment of settlement, as I was paying extra payments like occupancy rent, interest payments, lawyer’s fees, and the court costs to Ms. Maneckjee. I had served a motion of divorce in 1998, just a year after the separation in order to get on with my life, and pay off the settlement, which was dismissed. Since then I have been denied divorce at least 6 times on the grounds that I have not paid the settlement. It has been now 10 years and still I have been denied my long awaited divorce.
Important Matters which needs Resolution
1. Ms. Maneckjee’s Assets needs investigation:
At settlement in 2002, Ms. Maneckjee had declared minimal amount in her Financial Statement. However, before she abandoned me she had quit her job at the South way Inn in Ottawa, where she worked for over 5 years as an executive house keeper . She had her own bank account, and she had saved most of her net pay of around $20,000/year for the 5 years, as she did not contribute towards the day to day running of the house. She has hid this money in investments with her male friend Pesi Shroff of Ottawa, who owns various malls in Ottawa and Montreal. Also during the questioning in June of 2006, Ms. Maneckjee could not account for money ($2000), which she had withdrawn from her bank account. The requests for disclosures were not answered by Ms. Maneckjee. Also, Ms. Maneckjee had 4 bank accounts in the Syndicate Bank of Bandra, Mumbai (9 Pali Hill Road). I request that court to order investigation of Ms. Maneckjee’s extensive assets, her share in two properties in Bollywood area of Mumbai, and her bank accounts in Canada and India.
2. During the 12 years of marriage, Ms. Maneckjee did not want to take up the Canadian Citizenship, as she was afraid that she may loose her interests in two Bollywood properties, and money in Mumbai. Ms. Maneckjee also has shares, stocks and bonds in her Indian assets which needs investigation.
3. Ms. Maneckjee and her male friend Pesi/Percy Shroff of Ottawa had emptied the matrimonial house of all new furniture, house hold goods, arts and crafts, silverware and all of my personal belongings given to me by my dad, and what I had bought during his life time. The value must be over $50,000. Ms. Maneckjee did not put this amount down in the financial statement during the settlement. Also Ms. Maneckjee has gold and silver jewellery with diamonds worth more than $40,000. I have a list if items which I want it back, which includes my personal items given to me by my dad, my silver wares, and my collection religious and historical Zoroastrian books.
3. During the year 2004, my daughter Sherin did not attend full time school, college or the University. She was working and also attended evening classes to upgrade her marks to attend the University in the future. Ms. Maneckjee was suppose to inform me that Sherin was not attending full time higher institution of learning in 2004, but she avoided it to go on collecting the child support. NB. I AM CONSIDERED BY MS. MANECKJEE UNWORTHY TO PARENT MY OWN DAUGHTER; BUT, WORTH CHILD SUPPORT PAYMENTS.
The Family Law specifically states that child support payments after 18 years of age are given to children who attend full time higher institution of learning. Ms. Maneckjee has collected the child support payments FALSELY in the year 2004, as my daughter did not attend higher Institution of learning, and she was over18 years of age.
4. During the marriage, Ms. Maneckjee had told me that when she was young she had a near death experience, an allergic reaction to penicillin. Research by a Dutch Medical doctor has shown that people who survive this near death experience are very unstable mentally, and dangerous to the society. Throughout the 12 years of marriage I noticed that Ms. Maneckjee was not interested in me or the family, and she was always looking out for out of marriage experiences with other men. Tigers do not change their strips, as Ms. Maneckjee was a runner-up at Miss Bombay beauty Competition, and then a fashion model for several years, and also worked as an Executive House keeper at various five star hotels in Bombay at nights. Ms. Maneckjee’s late father Jamshed Bamji had thrown her out from the family home for this reason, as she might have been pregnant and a disgrace to the family. However, I am not sure about her conceiving a child. The reason why I want to bring this information to the court is because I found various torn papers in the garbage bin on the day I was abandoned. These hand written letters clearly indicate that Ms. Maneckjee intentions to control my life and make me die from suffering and to take all I have worked for throughout my life. I am a victim of a cruel and evil plot, as Ms. Maneckjee wants me dead by emotional, mental and financial suffering.. I know of a similar case where a wife of a Parsi man after several years killed herself by taking sleeping pills, she was similarly abandoned by her husband (Pesi Sager of Ottawa, who is the best friend of Pesi/Percy Shroff[Ms. Maneckjee’s male friend]). I would like to present this written information to the Court as a proof as to why I have been deprived of getting his divorce for the last 10 years, and made to work as a slave, and then made homeless and penniless. The only reason why this aspect was not brought to the attention of the Court during the settlement is because my previous lawyer Mr. Herve Deport, gave me wrong advise, and told me that the Court does not care why Ms. Maneckjee abandoned me, and the court will not take into account this information as we in Canada have a “No Fault Divorce”. Although now I know that it is not quite true, and because of Ms. Maneckjee’s criminal intentions, I want the Family Court to take this into consideration, and to do the justice accordingly. Furthermore, Ms. Maneckjee wanted me to put in place a life insurance policy in the settlement so she can benefit from it in case of my death.
I would like to have psychological evaluation of Ms. Maneckjee as I fear that my and my daughter’s life may be in danger. During the marriage Ms. Maneckjee was very cruel to me and my daughter Sherin, and wanted everything her way, otherwise she would throw temper tantrums and beat the child when I was not home. A police record did exists some years ago when the neighbour had reported an incident related to beating of the child Sherin by Ms. Maneckjee.
5. Paragraph 24 of Justice Cosgrove Order Specifically states that “spousal support may be varied if there is a change in circumstances as set out in the Divorce Act, and my retirement at or around 65 shall be deemed such a change.” Despite this Ms. Maneckjee and her lawyer Mr. Loomer are on denial, and go on saying (in her last 3 affidavits, and during the questioning ), that she has been given a spousal support for her life time which cannot be varied or terminated.
Ms. Maneckjee further states that Aspi should go on working until he is 75 years of age to provide her with the spousal support, and she refuses to give the divorce although the settlement has been fully paid. Ms. Maneckjee has been also extending the case since June of 2005, and preventing my motion of variation by using various tactics in order to collect the spousal and child support through Government Agencies. NB. Government Agencies only stop the collection unless a new court order is given to them. I am very worried as Nova Scotia Department of Justice (Maintenance Enforcement Program), may either suspend my driver licence, make my bank garnishment, or registration against my wooden shack where I am living. They may also obtain an order for incarceration for non-payment. It has now been 1 year and 3 months, and the Nova Scotia Department of Justice make take the action very soon, this will further my sufferings, and so an immediate action needs to be taken to allow me with my motion of variation.
6. Justice Cosgrove Order (paragraph 24), also states that at retirement near age of 65, the spousal support can be varied or terminated. As my total retirement income after the retirement in 2005 is only from Superannulation pension, CPP and Old Age Security payment (which every Canadian is entittled). Ms. Maneckjee is no longer entitilled to spousal support from my Superannuation pension and CPP, as she has already taken her share of my Superannuation pension, RRSP and CPP in the Net Division of Property. NB. Double dipping from the same source of income (CPP, RRSP and the Superannuation pension). is unfair practice and cannot be allowed by the Canadian Family law.
Prepared by Aspi Maneckjee.