The Tender For Law

Volume 3

Jul 14, 2013 1:12 AM

At the risk of overstaying my welcome...I wanted to get some feedback on a letter I've drafted to send to the Bank of Canada along with my dentist bill. Any comments would be appreciated, I'm pushing myself beyond my ever changing comfort zone..thank you in advance :)

July 10, 2013

Mr. Stephen Poloz, Governor of the Bank of Canada 234 Laurier Avenue West Ottawa, Ontario K1A 0G9

Instructions for Account: GAIL BLACKMAN a/c #xxxxxxxxx

Dear Mr. Poloz,

I am writing to you in good faith, at the request of Dr. Advani's to provide some clarification and/or instruction, if required, with regard to two bills for dental services rendered by him for my benefit.I am advising you to please set off and/or discharge this debt obligation to 0.00 as defined within the Bills of Exchange Act R.S.C. 1985, using my valuable consideration/signature as your authorization.

I am aware that "giving a (Bank of Canada) note and /or check does not constitute payment (see below Supreme Court decision).

Supreme Court 1978 Bank of Canada v. Bank of Montreal: �As I have already noted, a promissory note, by definition, involves an unconditional promise to pay a sum certain in money, but it is not itself money. True, the Obligation of a promissory note may be carried forward by a renewal note, but no matter how many renewals there be, or how many replacements under different terms, there is no liquidation of the debt until it is DISCHARGED..." [Page 1156]

The relevant sections of the Bills of Exchange Act RSC (1985) include, but are not limited to Sections 38, 53, 52, 138.

Please find enclosed, my endorsed bills from Dr. Avani to be set off/discharged. I have also provided you with my affidavit for your convenience. (still deciding on this?)

If there is any lawful reason that this matter cannot be dealt with in this manner, please provide specific details of any defects and instructions to remedy same.

Sincerely,

Gail Blackman, NON ASSUMPSIT, WITHOUT PREJUDICE, ALL RIGHTS RESERVED

Authorised Representative for GAIL BLACKMAN

Read Comments

Todd Keller

Looks good. Perhaps give them a time line as you are expected to "pay" this bill with a certain time frame. Also you've spelled the good doctor's name two different ways in your letter. Otherwise, I like it and would like to know what response you get.

Gail Marie

Pierre, my daughter is using the chord I use for the scanner...I'll try tomorrow, but I looked at it, there is no encoding, but it does say please detach top portion and return with payment and it itemizes the services provided to me

Gail Marie

well initially that was the plan, but he said I'll have to see my lawyer first blah blah...is it possible for you to send it in? I thought maybe it would save the middle man? I'm open to facts related to this ;)

Stuart Stone

It may be worth adding something like the following :

If there is any lawful reason that this matter cannot be dealt with in this manner, please provide specific details of any defects and instructions to remedy same. Otherwise, Non Acceptance will be interpreted as in Sections 47 and 48 of the Bills of Exchange Act 1909.

Obviously change the references to fit the Act where you are.

Ashley Hamaluk

Pete can you clarify something for me. - 'And you are NOT an authorized representative'. From what I understand we are the Administrator for the name, rather than the authorized representative. Is that correct? Thats what I understand anyway.