Millard Properties: Locations and Ownership

[Snoofo]

My mentioning the form was in response to Snooper's comments on how anybody can do it, etc. I was trying to illustrate that mB didn't generate them herself and rush them to the detention centre.

 

[Alethea Dice]

Thanks AD. IMO, when WM died, DM was probably executor and sole beneficiary of the estate. I believe that WM's estate would include 1) Cash in the bank 2) stocks & bonds 3) real estate including mortgages 4) outside income such as royalties for patents, etc.
If DM was the executor and sole beneficiary, IMHO, he wouldn't be too concerned about honoring the mortgage WM held on Riverside. If I wanted to really get suspicious, I'd speculate that DM may even have wiped out WM's accounts before the bank even knew WM was dead. After all, it was pretty clear that the "suicide" had been accepted by TPS and he would only have been answering to himself. JMHO

The Distillery Condo sale makes sense. DM obviously had money to close the condo just days after TB's murder- meaning he had hundreds of thousands of dollars one week but yet a week later, right after a long interrogation, a time of great duress, he signs a POA?

Just can't figure that one out. I keep thinking that if he was my son and all that was going down, wouldn't I be thinking that it was all just a big terrible mistake? That he was obviously innocent and be getting out on bail quickly? Could I even process the whole thing in the matter of a day or two? I don't even know how that POA could be legal due to the duress that DM or MB for that matter, were under. Even if the bank had decided to call in a demand note, it would be far from instant. Really seems bizarre and bothers me as much as EG's pony!!

The mortgage held by WM on riverside was only $1.1 million. Where did the $3.8 million charge come from? We know WM had to put some of his own money into the hangar when it went over budget. Could that be the $3.8 million? If so, maybe that was the urgency. DM may not have been concerned about repaying the mortgage after WM's death, but maybe he was paying WM's loan for the hangar until the estate settled. Could Riverside have been put up as collateral for that loan, now that there is no longer an income source for the payments?

JMO

 

[Snoofo]

And who is 2304578 Ontario Inc.?

 

[MsSherlock]

The mortgage held by WM on riverside was only $1.1 million. Where did the $3.8 million charge come from? We know WM had to put some of his own money into the hangar when it went over budget. Could that be the $3.8 million? If so, maybe that was the urgency. DM may not have been concerned about repaying the mortgage after WM's death, but maybe he was paying WM's loan for the hangar until the estate settled. Could Riverside have been put up as collateral for that loan, now that there is no longer an income source for the payments?

JMO

Certainly a possibility. However, IMHO, I'd be surprised that the Bank would move that fast. For example, if you had a mortgage or LOC with RBC or any bank for that matter, and got tossed in jail, they have absolutely no rights to call in the loan or mortgage. Remember, you're innocent until proven guilty. As long as you're making the mortgage payments or paying the interest, they wouldn't have a problem. Now, 6 months down the road, perhaps your bank accounts are a little bleak and you can't service your debt anymore. At that point, the Bank would start to apply pressure.

The timing of the RBC charge on Riverside (October/13) is much more consistent with the Bank reacting to a material change in their security. If the Hangar was completed by a LOC and actually extended based on WM's assets plus the business plan for the Hangar, then when WM died and DM cancelled the MRO, their Account Manager at the Bank would have been working with DM to get things paid off and the Banks position secured. I'm sure that the Account Manager may have been getting a tad bit nervous when MB started liquidating DM's assets. That's never a good sign! For example, DM could have rented the hangar out- the same as WM did with the hangar at Pearson, and assign the lease to the Bank, plus perhaps give them some additional security like Maple Gate etc.

IMHO, something was up that RBC didn't like. MOO That's why a month later, they were paid out by Community Trust. Whatever they did was solely interim. I'm hoping as this case opens up that we're given a glimpse into these financial mysteries.

Snoofo: I believe that 2304578 Ontario Inc is just the identifier for Community Trust, but I haven't been able to verify that. MOO

 

[matou]

OK was the truck discovered yet when the first property transfer/POA occurred? He was arrested on the Friday and the trailer with truck was discovered by LE on the Sunday at his mom's. Did he phone her when he was arrested? Where was she and was she involved in any wheeling and dealing on these properties before the truck was discovered? I would love to see all your great sleuthing on this added to the timeline or compared to the timeline if it hasn't been already.

 

[matou]

I remember reading early on that DM was curious about what LE had in terms of evidence or information (or similar). This was before the discovery of the truck and TB's remains on the farm.

 

[Alethea Dice]

OK was the truck discovered yet when the first property transfer/POA occurred? He was arrested on the Friday and the trailer with truck was discovered by LE on the Sunday at his mom's. Did he phone her when he was arrested? Where was she and was she involved in any wheeling and dealing on these properties before the truck was discovered? I would love to see all your great sleuthing on this added to the timeline or compared to the timeline if it hasn't been already.

The truck was reported around the same time as the POA was given. It was found the next day. But the transfers didn't happen until the next week - May 17th. Most of this was already on the timeline. I've added a little more and included Josh's additions to my timeline. Here is the new one.

August 30/85 – Born – parents Wayne Millard and Madeleine Burns, grandfather Carl Millard

2000 - DM leaves Toronto French School after grade 10

2002 - DM attends Humber College for 3D Games Animation (caught plagiarizing)

2005 – Suicide Girls Photo Shoot at Pearson Airport

June 7, 2005 – 75 yr old man has fatal fall at Brantford airport while working on Millardair plane (DM present)

Nov 15, 2007 – DM purchases Riverside six-plex from his father ($1.1 million)

March 6, 2009 – Birthday Party at hangar for friend

2009 – Landlord Tenant Board dispute; tenant’s engine tampered with?

2009??? – Croatia

April 14, 2009 – DM on vacation? Photographed with then-GF and friend from France (location unknown)

November 14 & 15, 2009 – Miami

2009 (3rd week of November?) – Baja 1000 race

September 18 & 19, 2009 – Model Mayhem at Millard Air Pearson

October 27, 2009 – Photo Shoot

November 7, 2009 – Photo Shoot

2010 – Laura started dating SL

2010 – Massachusetts to pick up Cobra shell (March/April)

April 29, 2010 – Photo shoot

June 26/27, 2010 - At hangar with friends (during G20)

July 2010 – visitors from France

Sometime in 2011 – trip to Croatia?
- visitors from France – August (before the 21st) ?

February 2011 – Laura’s birthday party at Medieval Times with SL & DM

April 2011 – SS Nova "new project"

May 4, 2011 – DM & JS engagement photos (relationship ended few weeks later)

May 2011 – Dellen bought farm in Ayr ($835K cash)

June 3 – 5, 2011 - Baja 500 race [I believe May 30th was the day of race; based on friend's FB comment it was a 3 week trip]

June 2011 – Millardair finalized the site plan agreement & applied for building permit

July 18, 2011 – Building permit approved

Summer 2011 - Starts dating CN

August 1, 2011 - Skydiving with CN and visitors from France

Late August/early September – rented boat from Discovery Yacht Charters in Manitoulin [planned duration of 10 days but returned early and inquired about refund]

September 2011 - Photo of MS with dog "Pedo" at DM's house

October 2011 – Financial backer backed out, Esso fuel dealership contract stayed with Flightexec

October 2011 - DM purchases condo in Vaughan ($392K); ex-fiancee later lives there

December 2011 – SL and Laura broke up

Early 2012 (after Christmas 2011) – LB began dating and living with DA (charged DA with assault in March 2012)

February 23, 2012 – Waterloo hangar finished and fit for occupancy

February 2012 - DM selling Oakville house which is in ex-fiancee’s name (lived there together briefly)

First half of 2012 - DM and LB begin sexual relationship (maybe between March and June?)

Spring 2012 – Business left Pearson Airport and relocated to Waterloo

April 26, 2012 – Dellen left Reno, Nevada – in US until end of week after April 28th (May 5th?) (picking up camaro bought in Texas by SS in April 2012)

June 2012 – LB told uncle she wanted to bring new date to wedding – assumed in hindsight that it was DM

Between June 1, 2012, and July 30, 2012 – allegedly purchased illegal gun

June 26, 2012 – Laura Babcock last seen

June 30, 2012 – LB dropped dog and shoebox full of cash off at parent’s house

July 1, 2012 – LB contacted friend looking for a place to stay

July 2, 2012 – text contact with SL ended, then no more contact with friends or family

July 3, 2012 – Last phone call from LB to DM

July 14, 2012 – Laura reported missing by SL

July 27, 2012 – SL confronted DM about phone bill

July 2012 – Eliminator incinerator purchased

August 5 - 17, 2012 – in Croatia and Greece (travelled 2 months? - Croatia videos from June 2012?)

August 2012 – Waiting for AMO certification & hope to be up and running by beginning of November

September 29, 2012 – MS and AS spray painted Fourth Line/QEW overpass

September 2012 – Premier Aviation gets first customer in Windsor hangar

November 1, 2012 – Millardair received Transport Canado MRO certification (AMO certificate approved)

November 10, 2012 – Dellen joins Steam and puts eye picture on gaming site

November 15, 2012? – Dellen has argument with AS re no contracts

November 21, 2012 (12:00 noon) – Harley Davidson stolen – King & Parliament St., Toronto

November 29, 2012 – Wayne Millard died

December 14/15, 2012 – DM runs obit in Star for his father; reception held on the 15th

February 2013 – AMO certification cancellation requested effective the previous February

February 15, 2013 – decided to cease operations & asked Transport Canada to cancel maintenance certificate

February 2013 ? – Registered fake cell phone

February 2013 - DM's helicopter "almost done" (FB post by friend)

March 2013 – Excavating on farm in Ayr

March 2013 – DM met with CW (airport general manager) re plans for the future, including new tenant or different commercial business within confines of the lease

~March 24, 2013 - DM and friend fly over Toronto in his helicopter? (friend updated FB photo)

April 25, 2013 – Distillery SE signed agreement for purchase of condo

May 5, 2013 – First truck taken for test drive mid-day

May 6, 2013 – Tim Bosma test drive – reported missing
- left for test drive at 9:20, headed north
- phone turned off around 10:00 within a mile of the house
- truck seen in downtown Brantford at 10:10 (25 km west of his home)

May 7, 2013 – Purchase of Distillery condo closed ($627,524)

May 7, 2013 – Regular deliveries stopped at hangar until week of May 22nd when regular employee said business as usual starting week of May 29th – supplier locked cash-only account that weekend May 25th

May 8, 2013 – Dellen seen working in back yard with friends during evening
– Trailer arrived at mother’s house during hockey game (game ended at 10:23)
– last day neighbours saw MB

May 9, 2013 – Bosma cell phone found late afternoon – ground search in Brantford industrial area that night
- LE received results of production order on bogus cell phone that called TB

May 9, 2013 – CN allegedly assists DM to escape

May 10, 2013 – Police release info about tattoo

May 10, 2013 – Dellen arrested

May 10, 2013 – Neighbours saw incinerator on farm

May 11, 2013 – Neighbours reported trailer at MB’s (after arrest)

May 11, 2013 – Signed over Power of Attorney to MB

May 12, 2013 – Police at mother’s house for trailer

Feb 38/14 – Sold farm ($840,000)

May 13, 2013 – Police searching hangar and farm – forensics and search & rescue tents arrived – found body?

May 14, 2013 – (late Tuesday) Waterloo police held the farm for Hamilton police after learning about incinerator in field

May 14, 2013 – (hours later) Police confirm body found in Waterloo

May 15, 2013 – Dellen in court, officially charged with murder

May 16, 2013 – Police confirm incinerator found

May 17, 2013 – Transferred Distillery District condo, Maple Gate home, Vaughan condo to MB for $1 (transferred into Trust with MB as Trustee)

May 17, 2013 – SL interview re Laura

Week of May 20, 2013 – Employee contacted company who sold & delivered regularly to Millard Air to say business as usual starting next week (May 27th)

May 22, 2013 – Mark Smich arrested at 10:00 am on Dorval Drive just north of Wyecroft

May 23, 2013 – Mark Smich charged with 1st degree murder

July 4, 2013 – Sold Maple Gate Court, Etobicoke home ($1.2 million)

August 2013 – Distillery condo sold (week of Aug 26th - $710,000)

October 2013 - $3.8 million charge placed on Riverside property

November 20, 2013 – $3.1 million mortgage on Riverside property

Feb 28, 2014 – Sold Roseville Rd farm

Apr 10, 2014 – Dellen charged with 1st degree murder of Laura and Wayne. Mark Smich charged with 1st degree murder of Laura

Apr 10, 2014 – Christina Noudga arrested and charged with accessory after the fact of murder of Tim

July 24, 2014 – Vaughn condo sold ($455,000)

July 30, 2014 – Christina Noudga bail hearing

Aug 8, 2014 – CN released on $100,000 bail, house arrest, ankle bracelet

 

[Alethea Dice]

Too late to edit, but I meant "Jash", not Josh.

 

[SnooperDuper]

LE seized none of DM's property after their investigations, but I think DM expects all of those cocaine-fuelled parties to come back and bite him. If he e.g., held parties at 5 Maple Gate where he was also supplying cocaine and accepting cash for it, 5 Maple Gate as his base of operations for dealing drugs may be open to seizure by the Crown under the Civil Remedies Act, after the trial is over.

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_01r28_e.htm

 

[Juballee]

I may be confused, but I didn't see anything in your link that says that the court may seize and sell a property that no longer belongs to a defendant because he may have had parties there at some point. I don't think that house would even count as proceeds of a crime since as far as we know, the house was bought decades ago with clean, legitimate money. My opinion only.

 

[Woodland]

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_01r28_e.htm

(b) preventing persons who engage in unlawful activities and others from keeping property that was acquired as a result of unlawful activities;

I'm not an expert in law, but if 5 Maple Gate belonged to WM, and it was acquired by DM through inheritance, if DM is eventually found guilty of the murder of WM - would the property be deemed 'unlawfully acquired'?

 

[Sillybilly]

http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_01r28_e.htm

(b) preventing persons who engage in unlawful activities and others from keeping property that was acquired as a result of unlawful activities;

I'm not an expert in law, but if 5 Maple Gate belonged to WM, and it was acquired by DM through inheritance, if DM is eventually found guilty of the murder of WM - would the property be deemed 'unlawfully acquired'?

<bbm>

Yes, it would be considered unworthiness to inherit and there should be forfeiture under what is known as the "Slayer Rule":

from:
http://www.law.cornell.edu/wex/slayer_rule

"... the slayer rule says that a murderer cannot retain a property interest in his victim&#8217;s estate ....

from:
http://www.lawyersweekly.ca/index.php?section=article&articleid=2189

Canadian courts have frequently engaged similar doctrines in the estates/trusts context. It is well founded that no murderer can take under the will or life insurance of his victim (Lundy v. Lundy [1895] S.C.J. No. 44). It is established that a beneficiary will not inherit where the beneficiary perpetrated a fraud on the testator to obtain a legacy by virtue of that fraud (Kennell v. Abbott 31 E.R. 416), or where a testator was coerced by the beneficiary into a bequest (Hall v. Hall [1868] L.R. 1 P.& D. 48).

These &#8220;rules&#8221; are equitable, legal and founded in public policy by virtue of the legal maxim, ex turpi causa non oritur actio (no right of action arises from a base cause). The maxim is a defence to bar a plaintiff&#8217;s claim where the plaintiff seeks to profit from acts that are &#8220;anti-social&#8221; (Hardy v. Motor Insurer&#8217;s Bureau [1964] 2 All E.R. 742) or &#8220;illegal, wrongful or of culpable immorality&#8221; (Hall v. Hebert [1993] S.C.J. No. 51) both in contract and tort. Simply put, a court will not assist a wrongdoer to profit from a wrongdoing.

from:
http://webcache.googleusercontent.c...hesisfile110765.pdf+&cd=7&hl=en&ct=clnk&gl=ca

First, it is shown that the concept or its

consequences already exists under Canadian Common Law, because under the slayer

rule, a court can declare a murderer unworthy to inherit from his or her victim

I'm time challenged to find actual precedents right now but will keep snooping.

ETA: I believe it would be a civil action, so even if DM was to be acquitted in a criminal case re WM's murder based on "reasonable doubt", a civil action would only require "balance of probabilities". Have to wonder who would initiate a civil action though? (Province for forfeiture? other victims' families?)

 

[SnooperDuper]

Oh I get it, DM could lose everything he inherited upon the death of WM if DM killed WM. MB wouldn't inherit because she's an ex. So it could go to the province or the victim's (LB, TB) families.

 

[MsSherlock]

Oh I get it, DM could lose everything he inherited upon the death of WM if DM killed WM. MB wouldn't inherit because she's an ex. So it could go to the province or the victim's (LB, TB) families.

Not necessarily. The "Ontario Succession Law Reform Act governs how your property will be distributed to your surviving relatives. Even if you want your property divided according to provincial law, you should still have a Will because it will reduce delays and expenses involved in wrapping up your affairs." IIRC, WM does have living relatives and the succession rules would apply because the beneficiary named in his will may no longer be eligible. MOO

http://www.legalline.ca/legal_answe.../what_happens_if_you_die_without_a_will_.html

 

[SnooperDuper]

So the properties jointly owned by WM and DM, DM might lose half. At the time of TB's death, accounts and so on jointly held by WM and DM may still have been frozen. The cost overrun on the hangar ate the 6-plex. That used to be an income-producing property. The hangar is a white elephant that can't be sold, but that's where all the money went. DM now faces large legal fees. All of these things describe a dramatic reduction in net worth.

 

[Sillybilly]

So the properties jointly owned by WM and DM, DM might lose half. At the time of TB's death, accounts and so on jointly held by WM and DM may still have been frozen. The cost overrun on the hangar ate the 6-plex. That used to be an income-producing property. The hangar is a white elephant that can't be sold, but that's where all the money went. DM now faces large legal fees. All of these things describe a dramatic reduction in net worth.

Questionable re DM losing half .. he could lose it all if there is legal severance of the original joint tenancy:

from "Unlawful Killing of a Joint Tenant":
http://www.academia.edu/1458571/Unlawful_Killing_of_a_Joint_Tenant

If a joint tenant is responsible for the deathof another joint tenant then they stand to bene&#64257;t from the survivorship ruleunless another legal response deprives them of that bene&#64257;t. The criticalquestion is how best to deprive a felon of that bene&#64257;t. Various responses areavailable including the use of a constructive trust, an automatic severance of the joint tenancy, either at law or in equity, or some other outcome arrived at by making an assumption, for example that the felon died before the victim even if the felon is in fact still alive. Cases that have adopted these various alternatives will be examined in this article ...

ETA: From that same article however

2 Canada

In Canada in

Re Pupkowski

79

Macfarlane J did not have to decide whether anact of murder would sever a joint tenancy but suggested that a severance atlaw might be the appropriate response.

80

However, in

Schobelt v Barber

81

Moorhouse J favoured the use of a constructive trust whereby, in a two-person joint tenancy, the felon would hold the property on trust equally for himself and the estate of the victim. Moorhouse J rejected any notion that the courtshould assume that the victim died after the felon and suggested that such anoutcome &#8216;could only be accomplished by legislation&#8217;.

82

Moorhouse Jconcluded that a constructive trust where the bene&#64257;t of the property was heldequally for the felon and the victim&#8217;s estate &#8216;more closely meets the demandsof justice on the facts present than any other avenue open to me&#8217;.

83

Thedecision in

Schobelt

was followed by Osler J in

Re Gore

.

84

Despite these developments, in

Novak v Gatien

85

Hunt J without reference

72 Ibid, at 653.73 (1931) QWN 17.74 [1969] Qd R 145.75 Ibid, at 149.76 [1988] 1 Qd R 351.77 Ibid, at 352.78 [2004] QSC 480; BC200409705 at [10]. See also

Public Trustee v Evans

(1985) 2 NSWLR188;

Ekert v Mereider

(1993) 32 NSWLR 729; and

Neubacher v Good

(2003) 11 BPR20,877; [2003] NSWSC 379; BC200302129 at [10].79 (1957) 6 DLR (2d) 427. See R St J Macdonald, &#8216;Real Property &#8212; Joint Tenancy &#8212; Murderof One Tenant by Another &#8212; Share of the Survivor&#8217; (1957) 35

Can Bar Rev

966.80 Ibid, at 430.81 (1967) 60 DLR (2d) 519.82 Ibid, at 524.83 Ibid.84 (1971) 23 DLR (3d) 534.85 (1975) 25 RFL 397.

234 (2008) 15 Australian Property Law Journal


to

Schobelt

, or any other authority, held that the killing of one joint tenant byanother &#8216;immediately severed the joint tenancy and created a tenancy incommon&#8217;.

86

However, in the following year in

Re Dreger

87

Estey CJHCapplied the constructive trust approach of

Schobelt

noting that such anapproach was &#8216;now settled law&#8217;.

88

This approach is now consistently appliedin Canada.

<bbm>

Sorry for the dog's breakfast of a quote, LOL

 

[SnooperDuper]

So you have a situation something like this: prior to WM's death, MA is making no money. DM and WM are running off of income from MA, whatever they pay themselves, and the 6-plex, which might make $100k/year.

In 2/12, the hangar is built and they begin to more fully staff. By 11/12, they have a small bunch of people on staff. There are a bunch of aviation related people on Linkedin, and support staff like the receptionist and the accountant DM went to meet on the day he was arrested.

AS had reported DM told him that MA was tapped out. Say they had 10 or more people and a payroll of $600k for the sake of pretty math, that's a $50k hit per month. WM and DM would want to pay themselves too. Consultants, aviation professionals, you know that&#8217;s lowball.

MA would also have to make employer side contributions like CPP, Workman's Comp, and there are services/utilities, leases for the land and the company vehicles, fuel, insurance, and so on to pay. There&#8217;s lots of money coming out of MA every month.

At some point if there is more going out than coming in (nothing) WM would have to get more money from the bank, or out of his own pockets.

What's the worst thing that could happen? WM and DM run out of money, the bank won&#8217;t lend any more, and the bank comes and takes the 6-plex. That would wipe out maybe a $100k income and leave them with the hangar that in terms of cost to own and operate, costs more than it's worth.

So maybe WM saw what could happen. Maybe he took up drinking to enable living in a state of denial.

It's a high stress scenario. WM had all these things in order to live comfortably, but he decided to invest in a MRO, and the project was not flying, and it was taking a ton of cash every month to keep it afloat.

So maybe WM was stressed out and did take his life. It just shifted a cascade of troubles onto DM.

DM had always been able to freely access joint accounts, but now they were frozen in the aftermath of WM's death. He had to kill the MRO to stop the project from bleeding cash.

He tried to appear, on the outside, as wealthy as he's ever been. He was still going to do the Baja. He just didn&#8217;t have the cash for the truck he needs for the second jeep they were going to take down. The bank wants to call his credit, not give him more. He needed two trucks, because there were two jeeps.

Two Jeeps, which also appear to be housed at the Millard family's hangar, went up for sale on a site called RacingJunk.com in October, after Millard, 28, was arrested for Bosma's murder.

http://www.cambridgetimes.ca/news-s...s-cars-snowmobiles-listed-for-sale-on-kijiji/

The next time they were going to go down to the Baja, it was going to be twice as much fun. There would be two drivers, and two riding shotgun.

MOO, JMO

 

[Woodland]

With all due respect SnooperDuper - surely you jest. Right?

 

[Woodland]

Sorry for the dog's breakfast of a quote, LOL

Chuckles, surely one can stay within this case for a dog's breakfast, imo.

 

[Sillybilly]

Chuckles, surely one can stay within this case for a dog's breakfast, imo.

Heh heh ... I wonder who'll get the cookie :waitasec: Just had a visual of everyone on the DT running around thinking "how can we keep all this stuff" and everybody in the Crown's office running around thinking "how can we get all this stuff".