TORONTO, May 14, 2014 /CNW/ - A Judge of Ontario Superior Court has acknowledged the possibility of the non-existence of a defendant named Scott Michael Duffus being entered into court, and recognizes the possibility of him being deceased and without an estate in trust.
In a court ruling (Court File CV-13-483-688), Justice Myers of Ontario Superior Court at 393 University Avenue ruled on March 12, 2014 that the defendant Scott Duffus may in fact be deceased, as presented and argued by the plaintiff Gerald Jutsun, a fraud investigator and President of FSI Fraud Security Investigations.
Mr. Jutsun brought a Statement of Claim against Mr. Duffus for $3.3 million dollars, but also argued he believed he was dead and by illegitimate means. Justice Myers questioned how a claim could be advanced and adjudicated if the responding party may be dead.
Justice Myers ruled and acknowledged that the possibility of the defendant, Mr. Scott Michael Duffus, being deceased and without a corresponding estate in trust, caused the process to be irregular since judgements are not generally granted to parties whose existence is in doubt. Justice Myers' order further notes that nothing can be further adjudicated on the matter in court until the defendant's status of existence or expiry has been confirmed, and so that the process may be "regularized".
Furthermore, His Honor ruled that more evidence may be brought into court, and based on any additional evidence from a finding or report by Toronto Police Services. The order states that once the process is regularized with the confirmation of the existence of the Defendant by Toronto Police, the matter may be properly adjudicated for hearing and granting of motions, and the proper adjudication of the Statement of Claim.
In order to regularize this process, pursuant to Judge Myers' order, Mr. Jutsun is asking that the Toronto Police be compelled to find and confirm the existence and status of Scott Michael Duffus.
Mr. Jutsun further states that he can provide contact coordinates for individuals who are agents and associates of Mr. Duffus, but who have rebuffed his requests for his production for several years. Mr. Jutsun still maintains that he believes Scott Duffus is deceased.
"This is the most unusual case I have ever worked on in my life," Jutsun states. "After searching for Scott Duffus and compelling his production through the courts for the past five years, I am incontrovertibly convinced he is deceased. That view was also shared with me by the late Peter Worthington, co-founder of the Toronto Sun."
In a written letter to Toronto Police Services on May 12, 2014, Mr. Jutsun conveyed the Judge's order, and is awaiting their imminent response. Other parties are coming forward to question the whereabouts of Scott Duffus as well.
FSI Fraud Security Investigations is a highly specialized fraud investigative firm, conducting in depth research and comprehensive investigative audits of criminal fraudulent operators while helping victims recover lost assets and rebuild their lives. For more information, visit http://www.fsifraud.com/.
SOURCE: JMG Publicist
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