Written by Alex Broomfield – Document Investigator- University of Waterloo
Johnny Macgregor – Information Recovery Investigator
Lex Cummings – Public Interest Administrator – Toronto
Interview of ABDUL Gabbar KHAN – 519-616-9050 – email@example.com
Kitchener, May 14, 2013 – Abdul Gabbar Khan was suspended on May 13, 2011 for professional conduct and failing to cooperate with the investigation. He was fines $1500 and suspended for 30 days with indefinite suspension if Order not met. The hearing outcome was published in Guelph Mercury by Thana Dharmarajah on two different occasions. At present Mr. Kirsch Vik of Guelph Mercury Newspaper was contacted for comments, he has abstained.
MR. GEORGE MUSZALSKI’S COURT CLAIM STATEMENT: CASE NO: 11-353 – GUELPH COURT
Upon instructions of Miss. McCann he launched a Small Claims Court lawsuit in pursuit of recovery of his funds from ABDUL KHAN. He hired a non-licensee to proceed with the matter. According to the Claim statement, Mr. George MUSZALSKI indicated under Oath as follows:
“I found Mr. Khan’s paralegal private practice on LSUC website. I met Mr. Khan on April 29, 2009 in Toronto. During the meeting it was agreed that he would represent me in small claims court proceedings against Dr. Robert Dewhirst, an orthodontist who unsuccessfully treat my son Mathew over 27 months period. As I have paid Dr.Dewhirst, I was seeking to monetary reimbursement for the unsuccessful treatment. In the meeting, I stressed quick action as the treatment from the dentist was causing pain. During this meeting in Toronto, Mr. Khan agreed to work on my matter for total of $2000 in legal fees, with $1000 in retainer. By April 28, 2009 all documents were faxed to Mr. Khan for review and research for claim. On May 06, 2009 my son met Mr. Khan at his office for second meeting and providing further information regarding the case“.
After reading the emails, it can be assured that Mr. Muszalski was very compulsive and hostile to Mr. Khan and insisted the lawsuit should be launched ASAP. He could have stopped payment any time before May 31, 2009. The cheque was dated for MAY 31; 2009.The client was in control of funds.
Our Scrutiny and Discovery of case.
It is revealed that no money was provided on April 26, 2009 or on April 28, 2009 to Mr. Khan. A cheque dated MAY 31, 2009 was issued to Mr. Khan after 36 days of retaining, which means that no rules were violated by Mr. Khan. The cheque was cashed on June 04, 2009 under the instructions of Mr. MUSZALSKI, which he singed. It is impossible to conceive as per court claim, in any shape or form that Mr. Khan was dishonest with his clients. The only issue that can be raised is that Mr. Khan required more time to write the claim in detail and Mr. Muszalski wanted his case to be completed as soon as possible. It is impossible, that 27 months of treatment be dealt in a month of legal research. However, a client comes first and his emotions were well understood by Mr. Khan as revealed by their email communications. Mr. Khan tried his best to comfort Mr. Muszalski in this urgent matter.
By the paralegal accounting book of 2010, it clearly stated on page 44 section 8(1)(a):
“the client requests the licensee in writing not to pay money in trust account”
On May 31, 2009, 36 days after Mr. Khan was retained, an amount of $1000 (half the fees) was released. The cheque was not cashed until June 04, 2009. On June 09, 2009, an amount of $500 was withdrawn and sent to a dentist overseas for dental research and report. As agreed by Mr. Muszalski in writing. According to agreement, Mr. Khan did not breach any rules or mandate.
Miss. McCann demanded Mr. Khan to produce documents in regards to overseas payment. Mr. Khan produced the original Habib Bank application to send money to Pakistan to the dentist. Habib Bank required switch code of overseas bank, it was not sent due to technical reasons. Pakistan Embassy was approached to send money to the dentist with Habib Bank providing the reasons for failed attempt, as indicated by Pakistan Embassy Official Letter with Mr. Khan’s date of birth and his full name. It was rejected on the bases; it was not credible enough to satisfy the investigation.
Under command of Miss. Oxley, Miss. McCann demanded that Diplomatic bag content receipt must be produced and it must be sent directly from the Embassy to her. Mr. Imran Ali (Pakistan Embassy) sent the copy directly to her via UPS. It was received by Law Society on Dec 13, 2011 or about. No response was every sent to the Embassy or Mr. Khan regarding the investigation of legitimacy of the Official Embassy Documents as raised by Miss. Oxley. Diplomatic Bag Receipt holds diplomatic immunity, and is considered highly sensitive and may possible breach national security.
Miss. McCann was removed from law Society on April 04, 2012 after a long phone conversation between Mr. Khan and Miss. Oxley for unknown reasons. During the conversation, he complained about the pressing issue of Miss. McCann’s response to the Embassy. A letter dated April 04, 2012 was issued by Miss. Oxley, claiming that the matter has been transferred to her, which contradicts her emails from September 2011; she was involved in the investigation from day one.
Miss. McCann indicated in Dec 2011 via email that she will verify the documents in Jan 2012 with the assistance of Miss. Oxley, It never occurred. Miss. McCann never met Khan in person, ever!
Mr. Khan has offered to surrender his license, but according to the rules, he cannot. Mr. Khan has not practiced since his suspension. Mr. Khan has written over ten emails to Mr. Anthony Gonzales (416- 644 – 4879), regarding Embassy concerns, but Mr. Gonzales has taken an oath of silence in this matter. Mr. Michael ELLIOTT (Manager of Investigations), he has yet to return Mr. Khan’s emails and phone calls from June 2011. Mr. Khan has tried his best to locate Miss. McCann, he was told during an interview on June 13, 2012 by Miss. OXLEY, to take this matter to court, and maybe someone will listen to him in court. Extremely harsh agenda to promote under umbrella of Law Society of Upper Canada.
Mr. Khan has provided three Canada Post Receipts indicating parcels sent to Mr. Thomas Conway (President), Mr. Robert G W Lapper QC and Miss. Zeynep Onen (Director of investigations), Mr. khan is still waiting for the reply or a phone call or a meeting. Law Society has failed to acknowledge the legitimacy of Pakistan Embassy and failed to render services to its licensee as mandated by Law Society Act.
Documents Rejected By Miss. ANITA McCann:
1). RBC bank statement indicating $1000 deposited on June 01, 2009 – deposit information.
2). Letter of Overseas dentist involved in research – Rejected – Not proof of money sent or received.
3). Application for wire transfer – Canadian Habib Bank – rejected as an application – NOT PROOF.
4). Official letter of IMRAN ALI – PAKISTAN EMBASSY Council Letter – rejected as not CREDIBLE
5). OFFICIAL DIPLOMATIC BAG RECEIPT – never verified or contacted Embassy.
6). Official Ontario Court of Justice – Case NO: 11-353 – Rejected as Courts are NOT competent enough.
We urge the public and the masses at large to conduct their own investigation in this matter. Mr. Khan can provide all documents to be checked and verified. Mr. Khan is well educated and has helped many.