R. v. Meer, 2010 ABQB 768

Court of Queen ’ s Bench of Alberta Citation: R. v. Meer, 2010 ABQB 768 Date: 20101203 Docket: 080543575Q1 Registry: Edmonton Between: Her Majesty the Queen - and - Jonathan David Meer Accused _______________________________________________________ Reasons for Judgment of the Honourable Mr. Justice Brian R. Burrows _______________________________________________________ [Note: A Table of Contents is Appendix C to these Reasons] [ 1 ] Ronald Simpson’s summer and retirement residence at Mulhurst on Pigeon Lake in central Alberta was destroyed by a fire in the very early morning hours of March 25, 2007.

The fire was deliberately set by Dustin Pisesky. Ronald Simpson was asleep in the residence when the fire began. He escaped. His pet dog was killed. It had cost Ronald Simpson about $750,000 to build the residence three years earlier. It was a total loss. [ 2 ] Windows in the Edmonton, Alberta residence of Thomas Klaray and the Sherwood Park, Alberta residences of James

Thorlakson and Stuart Ross were broken by marbles shot out of a paintball gun in the late evening of November 2, 2007 and early morning of November 3, 2007. Christopher Meer was the shooter. Dustin Pisesky was the driver. Members of the Klaray, Thorlakson and Ross families were in their residences when the windows were shot at. [ 3 ] Thomas Klaray’s home was set on fire in the early morning of November 3, 2007, several hours after the windows had been damaged. Dustin Pisesky drove Christopher Meer to the Klaray home and was nearby when Christopher Meer started the fire.

Thomas Klaray, his wife and two adult children were asleep in the residence when the fire started. They all escaped. The home was not destroyed. Damage was confined to the garage. [ 4 ] Dustin Pisesky rang the front doorbell of Ronald Simpson’s Edmonton residence at about 7:30 p.m. on December 20, 2007. He pretended to be a gas company employee wanting to read the meter but unable to access it. Nicholas Radloff and Christopher Meer were nearby, out of the sight of the person who came to the door. The plan was to lure Ronald Simpson out of the residence and beat him up.

Eileen Simpson, Ronald Simpson’s wife, came to the door. She refused to cooperate with Dustin Pisesky. Dustin Pisesky left. The plan was abandoned. [ 5 ] Nicholas Radloff rang the front doorbell of James Thorlakson’s Sherwood Park residence at about 9:30 p.m. on the same night, December 20, 2007. James Thorlakson answered the door. Nicholas Radloff said he was having car trouble and asked James Thorlakson to come out and help him. Dustin Pisesky and Chrisopher Meer were waiting nearby, out of James Thorlakson’s sight when he opened the door. The plan was to lure James Thorlakson outside and beat him up.

James Thorlakson refused to assist Nicholas Radloff. The group abandoned their plan. [ 6 ] Ronald Simpson’s Edmonton home was destroyed by a fire which started in the late evening of December 20, 2007. Ronald Simpson was awakened by glass breaking. He went to investigate and saw a male throw a Molotov cocktail into the room. The house was engulfed in fire. Ronald Simpson’s wife and sister were also in the house. All escaped though Ronald Simpson suffered serious burns. The house was completely destroyed. It was worth about $600,000.

Nicholas Radloff was in the Simpsons’ backyard immediately before the Molotov cocktail was thrown. He had carried a fuel container to the scene. Dustin Pisesky was waiting nearby in a vehicle to drive the group away from the crime scene. The Crown Theory [ 7 ] Ronald Simpson was a major creditor of a business in which Jonathan David Meer was closely involved. The loan was in default. James Thorlakson was Ronald Simpson’s lawyer.

At the time of both of the arsons which destroyed Ronald Simpson’s residences, James Thorlakson was pursuing civil action, on Ronald Simpson’s behalf, to collect the debt Jonathan David Meer’s business owed. Jonathan David Meer was aggressively defending the civil proceedings. [ 8 ] The Royal Bank of Canada was also a major creditor of a business in which Jonathan David Meer was closely involved. The business was in default of its loan. Stuart Ross was the bank officer assigned to deal with the default. The Bank put the business into receivership. The court appointed PricewaterhouseCoopers as Receiver.

Thomas Klaray was the PWC officer in charge of the receivership. Jonathan David Meer did not cooperate with the Receiver. It was necessary for the Receiver to seize assets of the debtor business, including vehicles, from Jonathan David Meer’s residence. [ 9 ] The Crown alleges that the arsons, shootings and abandoned assault plots of March 15, November 2 and 3, and December 20, 2007 were undertaken in order to intimidate Ronald Simpson, the Royal Bank and their respective agents.

The goal was to have Ronald Simpson and the Royal Bank give up their efforts to recover the funds owed to them by Jonathan David Meer’s business, or to resolve the civil claims on terms favourable to Jonathan David Meer’s business. [ 10 ] The Crown’s theory is that Jonathan David Meer conspired with his son Christopher Meer and his son’s friend, Dustin Pisesky, to undertake the criminal activities described above and that Christopher Meer and Dustin Pisesky recruited Nicholas Radloff and another, Jesse McKay, to join the conspiracy. The Charges against Jonathan David Meer

[ 11 ] The Crown alleges that Jonathan David Meer is guilty as a party to three arsons, on the basis that he aided and abetted the persons who actually committed them, and as the person who actually committed two extortions, and the offence of obstruction of justice. These allegations are made in Counts 1, 2, 3, 4, 5, and 6 of the Indictment. [ 12 ] The Crown also alleges that Jonathan David Meer is guilty of five conspiracies: to commit arson, to commit extortion, to commit the offence of obstruction of justice, and two conspiracies to commit assault.

These allegations are made in Counts 7, 8, 9, 10, and 11 of the Indictment. [ 13 ] The Crown also alleges that Jonathan David Meer is guilty of two counts of possession of a firearm for which he did not hold a registration certificate. These charges relate to two firearms which were found in Jonathan David Meer’s house when the police executed a search warrant there on March 14, 2008.

These allegations are made in Counts 14 and 15 of the Indictment. [ 14 ] During the trial the Crown withdrew Counts 12 and 13 of the Indictment which also related to the firearms. [ 15 ] I have attached a copy of the Indictment as Appendix A to these Reasons for Judgment. EVIDENCE PRESENTED BY THE CROWN [ 16 ] In this

section of my Reasons I will set out a

summary of the evidence presented by the Crown in respect of the charges against Jonathan David Meer. The Meer Family and its Businesses [ 17 ] Jonathan David Meer is presently 48 years old. He has been married to his wife, Loreena Meer, for 27 years. They have three children, Christopher, aged 26, Ashley, aged 24 and Krystal, aged 18. At the relevant time Jonathan David Meer and Loreena Meer lived in a very large home in Twin Brooks, an upscale neighbourhood in southwest Edmonton. Christopher Meer and Krystal Meer lived with them.

For part of the relevant period, Ashley Frick and her husband, Josh Frick, lived in the Meer house as well. At some point Ashley and Josh Frick moved into their own apartment. [ 18 ] Jonathan David Meer was a businessman. He was a shareholder of some and a director of other inter-related companies. The principal company appears to have been Headwest Energy. Its business was the rental and delivery of mobile office accommodation used in the oil patch. All of the members of the family, other than perhaps Krystal, held interests in the companies.

Though Jonathan David Meer’s legal ownership was minimal, in practical terms, he ran the operation. [ 19 ] Prior to 2005 the Meer family’s standard of living was very high. In addition to their very large home, they owned a resort property in Kelowna, British Columbia and several luxury vehicles including a Range Rover, a Jaguar, a Hummer, and a Land Rover. There was a large boat kept in Kelowna, B.C. There were several snowmobiles. [ 20 ] Legal title to these various assets was generally held by individual members of the family other than Jonathan David Meer.

It is apparent from the evidence, however, that whoever may have been the legal owner of any individual asset, the assets were for most practical purposes family assets. Asset ownership may have been individual, but the prosperity was enjoyed by all the family members. [ 21 ] At the time the events giving rise to the charges occurred, the family prosperity was in very considerable jeopardy. Two of the principal causes were enforcement proceedings which had been taken by two major creditors of the Meer family business, the Royal Bank and Ronald Simpson.

The Royal Bank Receivership [ 22 ] The Royal Bank loaned a total of about $8 million on a line of credit to Headwest Energy prior to March 2005. The loan was secured by charges against the company’s fixed assets and accounts receivable. Personal guarantees were provided by both Jonathan David Meer and Loreena Meer. The company was obliged to report regularly as to the status of its accounts receivable.

The permissible amount of the line of credit was a percentage of the accounts receivable. [ 23 ] By March 2005, the Bank had concerns because the Headwest Energy line of credit was “out of margin” (the loan exceeded the permissible percentage of accounts receivable). As a result, Stuart Ross, then a special loans manager for the Royal Bank, was assigned to administer the Headwest Energy line of credit.

The Bank’s concern was increased by the fact that only draft financial statements for the previous year had been provided. [ 24 ] When final statements were received in late June or early July 2005, the Bank’s concern increased further because of significant differences between the “final” statements and the “draft” statements which had been provided earlier. The Bank decided it did not wish to continue to finance Headwest’s operations. [ 25 ] The Bank instructed its lawyer, Ray Rutman of Fraser Milner, to prepare demands for repayment of the outstanding loan.

These were presented to Jonathan David Meer and Loreena Meer at a meeting on July 12, 2005. The demand required the loan of about $8 million to be repaid within 14 days. [ 26 ] Immediately after the demand was made, deposits into Headwest’s account at the RBC ceased. The Bank applied for and, on August 18, 2005, obtained a court order appointing a Monitor of Headwest under the terms of the security agreement. The accounting firm PricewaterhouseCoopers was appointed Monitor.

Thomas Klaray of PWC was assigned to take charge. [ 27 ] Thomas Klaray met with Jonathan David Meer at Headwest’s headquarters in Nisku on August 19, 2005. He testified that Jonathan David Meer’s attitude was immediately adversarial. He was angry at the Bank and Stuart Ross. Thomas Klaray testified that Jonathan David Meer said words to the effect that he was going to destroy Stuart Ross and make sure he did not get his pension.

After going on in this angry way for a few minutes, Jonathan David Meer said to Thomas Klaray, “And what would you like?” in an intimidating manner. [ 28 ] Thomas Klaray outlined for Jonathan David Meer what information he required to carry out his function which, he explained, was to ascertain for the Bank whether the business was going to keep going so that the Bank could recover its loan. Jonathan David Meer referred Thomas Klaray to Loreena Meer who was in charge of the record keeping. Thomas Klaray met with her later the same day. He got very little of the information he requested.

By August 26, Thomas Klaray had concluded that monitoring would not work. He reported that conclusion to the Court through PWC’s counsel, Darren Bieganek of the Duncan & Craig law firm. [ 29 ] The Court issued a further order giving strict guidelines as to what Jonathan David Meer and Headwest were to provide to the Monitor, and setting deadlines by which they were to provide it. Neither complied with the order. They provided only limited information. The Meers and their company continued to be very uncooperative.

Thomas Klaray filed a second report to the Court on September 12, 2005. [ 30 ] On September 15, 2005, monitoring having been ineffective, the Bank applied for the appointment of PWC as Receiver of Headwest and two numbered companies associated with it. Jonathan David Meer opposed the application. The Court granted the order the Bank sought and appointed PWC Receiver. PWC assigned Thomas Klaray to take charge of the receivership. [ 31 ] Thomas Klaray decided that the Bank’s best interest would be served by having the Receiver continue to operate the business of Headwest and attempt to sell it as a going concern.

He needed to take control of all of the assets of the company. The Court order required the Meers to cooperate with the Receiver. They did not.

[ 32 ] Thomas Klaray learned that the companies in receivership owned several luxury vehicles which were in the possession of Jonathan David Meer or members of his family. When it became clear that the Meers were not going to cooperate with the Receiver, Thomas Klaray decided to apply to the Court for an order permitting the Receiver to seize the company owned vehicles from the Meers. The order was granted. It required the police to assist in the seizure. [ 33 ] In his testimony before me, Thomas Klaray described the seizure operation.

He said that the operation took place on the evening of Friday, September 16, 2005. Three representatives of PWC including Thomas Klaray attended at the Meer residence with police, a bailiff and a locksmith. The police took charge of the operation. The house had five garages. Vehicles that were to be seized were identified. [ 34 ] Jonathan David Meer arrived while the operation was in progress. Thomas Klaray testified that Jonathan David Meer yelled obscenities and threats at him. The police stood between Jonathan David Meer and Thomas Klaray for Thomas Klaray’s protection.

Loreena Meer and Christopher Meer arrived after Jonathan David Meer. Loreena Meer also yelled obscenities. Jonathan David Meer and Loreena Meer insisted that a vehicle, a Porsche Boxster, was not owned by any of the companies in receivership and should not be seized. Documentation indicated otherwise and the vehicle was seized. In total five vehicles were seized: a black Jaguar, two Porsches, and two Jeeps. [ 35 ] Thomas Klaray testified that there was a high level of concern among those carrying out the operation because it was known that there were weapons in the house.

The police officers kept close tabs on Jonathan David Meer as a result. [ 36 ] Thomas Klaray testified as well that during one of his angry tirades, Jonathan David Meer said to Thomas Klaray, “You better have eyes in the back of your head.” Thomas Klaray understood Jonathan David Meer’s words to have been a personal threat. [ 37 ] There were other vehicles present which were not seized. One of them was a yellow Mustang which was registered in Jonathan David Meer’s name. At some point during the operation, Christopher Meer moved the yellow Mustang. He backed it up in a dangerous fashion.

Two of the people carrying out the seizure operation had to jump out of the way to avoid getting hit. [ 38 ] The receivership continued after the events of September 16, 2005. Thomas Klaray testified that Jonathan David Meer and Loreena Meer continued to be uncooperative.

Indeed the receivership had not ended as at the date of Thomas Klaray’s testimony in this trial, though there has been little activity in the last several years. [ 39 ] Thomas Klaray testified that there was a court application in the receivership scheduled for Monday, November 5, 2007, though he did not recall the particulars and did not think it was in relation to anything of great significance. The shooting of the windows at the Klaray and Ross residences and the arson at the Klaray residence occurred on the evening of Friday, November 2 and the early morning of Saturday, November 3, 2007.

The Simpson Loans and Litigation [ 40 ] Ronald Simpson is a 68 year old retired businessman. He retired from his main business career in 1999. Thereafter he operated a private financial corporation which provided short term loans to businesses needing them. He met Jonathan David Meer in connection with that business in 1999. His corporation made short term cash flow loans to Jonathan David Meer’s business.

Over time Ronald Simpson’s company loaned about $2.5 million to various corporations run by Jonathan David Meer. [ 41 ] Through their business relationship, Jonathan David Meer and Ronald Simpson developed a social relationship. They were guests in each other’s homes. They each knew the other’s wife and children. Jonathan David Meer and Loreena Meer spent time with Ronald and Eileen Simpson at the latter’s summer residence at Mulhurst on Pigeon Lake. [ 42 ] Jonathan David Meer’s companies were in default of their obligations to Ronald Simpson’s company in 2004.

Ronald Simpson became frustrated with the defaults and Jonathan David Meer’s failure to remedy them and commenced legal proceedings. At that time Jonathan David Meer’s companies owed Ronald Simpson’s company in excess of $1 million principal and interest.

[ 43 ] The litigation progressed through examinations for discovery. In July 2005 a settlement was reached. Ronald Simpson agreed to forgive a large portion of the then outstanding interest and accept $865,127 in settlement of his claim. The settlement terms called for Jonathan David Meer to make payment over time and to pay interest on the outstanding principal at 18% per annum. He made but one payment and then defaulted on the settlement agreement.

Ronald Simpson’s then lawyer sued on the settlement. [ 44 ] In late 2005 or early 2006 Ronald Simpson retained James Thorlakson of Miller Thompson to act for him in relation to the outstanding debt owed by Jonathan David Meer’s companies. At the point James Thorlakson was retained, Jonathan David Meer had obtained an adjournment of a

summary judgment application in order to examine on an affidavit. During the adjournment period, the Meer residences in Edmonton and Kelowna were mortgaged to a company controlled by Jonathan David Meer’s accountant, Chris Cameron. James Thorlakson learned that there had been no advance from Chris Cameron on the mortgage. It appeared to James Thorlakson that an attempt to shield assets from execution was being made. [ 45 ] In November 2006 James Thorlakson applied for and obtained an order attaching the Meer assets in Alberta. In January 2007 he applied for and obtained

summary judgment on the settlement agreement. The judgment was for in excess of $1 million. [ 46 ] In February 2007 Ronald Simpson learned that the Meers were attempting to sell their Kelowna property. James Thorlakson applied for and obtained an order freezing all of the Meer assets in Alberta and prohibiting the Meers from dealing with their Kelowna property. The order sought the assistance of the British Columbia Supreme Court in enforcing the order.

On March 16, 2007 Ronald Simpson’s British Columbia counsel filed an application in the British Columbia Supreme Court for an order attaching the Meers’ Kelowna property. On March 23, 2007 the British Columbia Supreme Court issued an order freezing the Kelowna recreation property. [ 47 ] The arson at Ronald Simpson’s Mulhurst recreation property occurred in the early morning hours of March 25, 2007. Dustin Pisesky and the Meer family [ 48 ] Dustin Pisesky is now 28 years old.

He is a welder and is in the process of obtaining his journeyman ticket as a welder and as a machinist. [ 49 ] Dustin Pisesky met Christopher Meer, Jonathan David Meer’s son, about five years ago. They met through a mutual friend, Jesse McKay. Over time their acquaintanceship became a friendship. By 2007 they would be in each other’s company about three times a week. Dustin Pisesky was frequently a guest in Christopher Meer’s home, the Meer family home. He got to know Jonathan David Meer, Loreena Meer and Christopher Meer’s sisters and brother-in-law. He was often invited to join the family in a meal.

On several occasions he was invited to go with the Meer family on trips to their residence in Kelowna. He testified that the Meers, including Jonathan David Meer were kind and generous toward him. He believed he had a close relationship with the family. [ 50 ] He was aware that Jonathan David Meer was a businessman, that he ran Headwest Energy which was involved in trucks and trailers. He also knew that Jonathan David Meer was involved in a water purification business.

He was also aware of the work of the other members of the Meer family. [ 51 ] He was also aware of the family’s prosperity, which was obvious from the opulence of their residence, the number of luxury vehicles they possessed and their manner of living. He himself derived considerable benefit from his association with such a prosperous family. The Simpson Mulhurst Residence Arson - March 25, 2007

Recognizance by Dustin Pisesky and Christopher Meer at Pigeon Late - March 23, 2007 [ 52 ] Dustin Pisesky testified that in March 2007 he had a conversation with Jonathan David Meer and Christopher Meer regarding a cabin at Pigeon Lake. The conversation took place in the basement of the Meer residence. Jonathan David Meer asked Dustin Pisesky if he knew of the cabin in question. He described the cabin and its general location. He knew that Dustin Pisesky had spent a considerable amount of time in the area at a Pisesky family cabin. Dustin Pisesky believed he knew the cabin to which Jonathan David Meer referred.

Jonathan David Meer asked Dustin Pisesky to go with Christopher Meer to “scope out” the cabin; to verify that they were talking about the same cabin. [ 53 ] Dustin Pisesky and Christopher Meer drove out to Pigeon Lake in Christopher Meer’s Land Rover. They drove to the cabin Dustin Pisesky understood Jonathan David Meer was referring to. Dustin Pisesky saw Christopher Meer take a photograph of the cabin using his cell phone and send it to someone.

Dustin Pisesky did not see the number Christopher Meer dialled in order to send the photograph, but he assumed he had sent the photo to Jonathan David Meer since it was at the latter’s request they had gone to locate the cabin. [ 54 ] Cell phone records obtained from Rogers Communications and put in evidence show that on March 23, 2007 at 18:26:48 a call was placed from Christopher Meer’s cell phone to Jonathan David Meer’s cell phone. The duration of the call was 2 minutes 37 seconds.

The log indicates that the call previous call made from Christopher Meer’s telephone was at 15:01:54 and the next call made after the 18:26:48 call was made at 21:02:27 p.m. [ 55 ] In the course of this trip, close to the cabin they had been sent to “scope out”, Christopher Meer’s vehicle got stuck in the snow. Dustin Pisesky testified that a man came along as they were stuck in the snow. He was walking his dog.

The man went to get his truck and helped Dustin Pisesky and Christopher Meer get their vehicle unstuck. [ 56 ] This trip to “scope out” the cabin at Pigeon Lake took place two or three days before they returned to set fire to the same cabin in the early morning hours of March 25, 2007. [ 57 ] David Benbow, the Simpson’s neighbour at Pigeon Lake, testified that on March 23, 2007, at about 7:00 or 7:30 p.m., he was walking his dog and came upon a vehicle stuck in the snow in the ditch. There were two young men trying to get the vehicle out. He spoke to them and offered them help.

He went back to his house, got his truck and pulled the stuck vehicle out of the ditch. He asked the two young men who they were in the area to see. They replied, “Oh just someone”. David Benbow considered this answer to be strange. Accordingly he mentally noted the license plate of the vehicle. [ 58 ] Two days later when following the fire he gave the police a statement, all he could remember of the license plate was that it was a business plate and that the number included some combination of “K” “7" and “5".

Other evidence, the testimony in relation to surveillance conducted on members of the Meer family in early 2008, indicated that the license plate of a Land Rover frequently driven by Christopher Meer was 27K755. A week or so after the fire the police presented two photo lineups to David Benbow. He identified a photo of Christopher Meer in one of the lineups as being one of the two young men he had assisted. He could not identify anyone in the other photo lineup. The second photo lineup did not contain a photo of Dustin Pisesky.

The Arson [ 59 ] After their recognizance trip to Pigeon Lake, Dustin Pisesky and Christopher Meer planned to meet on the evening of Saturday, March 24, 2007. Prior to meeting Christopher Meer, Dustin Pisesky went to his father’s residence and took his father’s vehicle, a white van that his father used in his work. He wanted to use it rather than his own vehicle because his own vehicle was not running well at the time and he did not want to have a breakdown that night. [ 60 ] He then went to the Meer residence to pick up Christopher Meer. Christopher Meer came out of the house carrying a bottle in his hand.

It was a clear bottle, like a rum bottle, containing a fluid with a green tinge to it. There was an odour of gas, but the liquid did not look like gas to Dustin Pisesky. Dustin Pisesky testified that he did not remember what conversation there might have been between him and Christopher Meer when he picked up Christopher Meer.

[ 61 ] The plan called for Dustin Pisesky to just be the driver. Dustin Pisesky testified that he had an idea “deep down” as to what Christopher Meer planned to do at Pigeon Lake but he did not verify it. He thought Christopher Meer planned to throw a Molotov cocktail at the cabin. [ 62 ] Dustin Pisesky drove the van to Pigeon Lake with Christopher Meer as his passenger. At about 11:30 p.m. he dropped Christopher Meer off near the cabin that the two had “scoped out” a few days earlier. Christopher Meer took the bottle with him when he left the van.

Dustin Pisesky presumed that Christopher Meer was going to go to the cabin and throw the bottle at it. Dustin Pisesky drove on to a pre-arranged place about two blocks away where Christopher Meer would meet him after carrying out his intended task. [ 63 ] About 10 minutes later Christopher Meer came to the meeting point and reported that he had failed to set fire to the cabin. Christopher Meer no longer had the bottle in his possession. He told Dustin Pisesky that failure was not an option, that they had to get the job done. He asked Dustin Pisesky to go to the cabin and set it on fire.

Dustin Pisesky agreed to do so. [ 64 ] Dustin Pisesky and Christopher Meer then drove back to the cabin. Christopher Meer was driving. Dustin Pisesky got out of the van and went up to the cabin by himself. The snow in the area looked fresh. He formed the impression that the cabin was unoccupied. He could see some burn marks on the wall of the cabin and broken glass in the area.

He assumed the burn marks and broken glass were the result of Christopher Meer’s failed attempt to set the cabin on fire with the Molotov cocktail. [ 65 ] Dustin Pisesky took some birch wood and a lawn chair and put them next to the gas meter at the side of the cabin. He lit the lawn chair on fire and left. He expected that the plastic in the lawn chair would burn fast and easily. [ 66 ] Dustin Pisesky then went back to the van. He told Christopher Meer to go to Dustin Pisesky’s family cabin because he wanted to be parked out of sight while the fire department vehicles went to the fire.

He knew where the fire department was located. He could see the glow from the fire as they drove away. [ 67 ] They drove back to Edmonton. Dustin Pisesky dropped Christopher Meer off at the Meer residence at about 1:00 p.m. and returned the van to his father’s residence. Ronald Simpson’s Escape from the Fire - March 25, 2007 [ 68 ] Contrary to Dustin Pisesky’s impression, the cabin to which he set fire was not unoccupied. The cabin was owned by Ronald Simpson. It was about three years old. It had cost about $750,000 to build it. The term “cabin” is not entirely appropriate. It was a large and attractive house.

Ronald Simpson and his pet dog had gone to the cabin on Saturday, March 24, 2007 to check it out as country homeowners regularly do in the winter. He had dined with his neighbours, the Biglows. He had gone to bed with his dog beside him at about 9:00 or 10:00 p.m. [ 69 ] He testified that at about 1:00 or 2:00 a.m. he heard a loud crash and saw bright light in the living room area of the home. He got up and discovered the fire. He called 911. He ran to the neighbors to wake them up. He ran back to his cabin. It was engulfed in flames.

One of his neighbors backed Ronald Simpson’s vehicle out of his garage. [ 70 ] Ronald Simpson tried to go back into the cabin to get his dog. He could not get very far in before he started to pass out. He was unable to save his dog. The cabin itself was totally destroyed. The cabin to the east, which was unoccupied, was also destroyed. The next cabin in the other direction, the Benbow residence, which was a considerable distance away, was not damaged. [ 71 ] Ronald Simpson was affected by smoke inhalation. He was given medical attention but did not go to hospital.

Neighbours called Eileen Simpson in Edmonton and she drove out to the scene immediately. Ronald and Eileen Simpson spent the rest of the night at the Benbow residence.

Dustin Pisesky at Meer Residence - March 25, 2007 [ 72 ] Dustin Pisesky testified that he was invited to dinner at the Meer residence later on March 25, 2007. After dinner, Jonathan David Meer, Christopher Meer and Dustin Pisesky discussed the events of the preceding night, the fire at the Simpson Pigeon Lake residence. The discussion took place on the patio. Jonathan David Meer gave Christopher Meer and Dustin Pisesky cigars and congratulated them on a job well done. [ 73 ] Jonathan David Meer showed Dustin Pisesky photographs of a burned down cabin on a cell phone.

Dustin Pisesky understood the photos to be of the remains of the Simpson Pigeon Lake residence after the fire. [ 74 ] Jonathan David Meer told Dustin Pisesky that the cabin next to the Simpson cabin had also been destroyed. He said it was a casualty of war and that Dustin Pisesky had done the owner of the cabin next door a favour. He referred to the cabin next to the Simpson cabin as “a shit cabin”. [ 75 ] Prior to the events of that weekend, Dustin Pisesky had discussed buying shares in the water purification business that Jonathan David Meer was in the course of establishing at the time.

When Dustin Pisesky was leaving the Meer residence on the evening of March 25, 2007, after Jonathan David Meer had congratulated him on a job well done the night before, Jonathan David Meer said he would give Dustin Pisesky 5000 shares in the business as payment for the job he had done. Thereafter Dustin Pisesky never heard anything more about the shares. None were ever put in his name.

Christopher Meer and Dustin Pisesky Go to Kelowna to Locate Simpson’s Daughter - March or April, 2007 [ 76 ] Dustin Pisesky testified that shortly after the Pigeon Lake fire Christopher Meer asked him to go with him to Kelowna to find Ronald Simpson’s daughter and send a message. Dustin Pisesky was not certain of the date of either the request or the trip to Kelowna. Neither was he certain what the message intended to be sent was. He testified that his only discussion concerning this trip and its purpose was with Christopher Meer. [ 77 ] Dustin Pisesky and Christopher Meer went to Kelowna.

During their time in Kelowna they made no attempt to locate Ronald Simpson’s daughter. Dustin Pisesky was not aware of any information they had relating to the daughter. He and Christopher Meer spent their time in Kelowna playing golf, going to restaurants and generally just enjoying the weekend.

The Simpson/Meer Litigation following March 25, 2007 [ 78 ] James Thorlakson, Ronald Simpson’s lawyer, testified that at the time of the fire at Pigeon Lake, Ronald Simpson had judgment against Jonathan David Meer or his company and an attachment order preventing Jonathan David Meer from alienating assets in Alberta and British Columbia, but no enforcement proceedings to collect on the judgment had yet been taken.

James Thorlakson and Ronald Simpson perceived the fire as a threat or warning not to attempt to realize on the judgment. [ 79 ] James Thorlakson testified that shortly after March 25, 2007 he received information that Jonathan David Meer was making efforts to transfer assets, in particular a boat kept in Kelowna, in contravention of the attachment orders. James Thorlakson retained an investigator and as a result of the investigator’s report applied for an order holding Jonathan David Meer in contempt of the Alberta attachment order.

In the context of that application the Court ordered Jonathan David Meer to provide a list of assets. Jonathan David Meer responded to that order on April 5, 2007. His response indicated that he owned no assets. This information was significantly inconsistent with the information he had provided when he applied for credit from Ronald Simpson. Notice of a further contempt application seeking the appointment of an equitable receiver of the Meer assets was filed on Friday, April 13, 2007 returnable Monday, April 16, 2007.

Jonathan David Meer’s counsel was served with the Notice of Motion on the afternoon of Friday, April 13, 2007. Threatening Phone Call to Simpson - April 13, 2007

[ 80 ] Ronald Simpson testified that on Friday, April 13, 2007 he received a telephone call from an unidentified male. Ronald Simpson’s best memory of the words spoken by the male are, “You’ve been warned, cease and desist”. He did not recognize the voice. There was no conversation. The male just said those few words and hung up. Ronald Simpson reported the call to the police and to his lawyer, James Thorlakson. [ 81 ] Dustin Pisesky testified that he was asked by Jonathan David Meer and Christopher Meer to make a threatening phone call around the time of the call described by Ronald Simpson.

He testified that he was not sure whether this was before or after the Pigeon Lake fire but thought it was before. [ 82 ] He said Christopher Meer had asked him to come over to the Meer residence. When he got there, he met with Jonathan David Meer and Christopher Meer in the basement of the residence. Christopher Meer gave him a piece of paper with a message typed on it. He said they wanted Dustin Pisesky to go to a certain pay phone and to call a number which they gave him and to read the message to the person who answered.

He testified that the message he was to read was, “Cease and desist and stop all accusations.” [ 83 ] Dustin Pisesky and Christopher Meer drove to a Shell gas station where there was a pay phone booth. Dustin Pisesky went into the phone booth, dialled the number and read the message to the person who answered and hung up, all as he had been instructed. Court Application - April 16, 2007 [ 84 ] The contempt and equitable receivership application filed and served on Friday, April 13, 2007 was to be heard in court on Monday, April 16, 2007.

Ronald Simpson testified that he was at the Law Courts building for the application before 10:00 a.m. on April 16. At about 9:49 a.m. he got a call on his cell phone. A voice said, “Mr. Simpson, you have missed the deadline. Prepare for a funeral.” Ronald Simpson was with James Thorlakson when he received this call. They were waiting outside the courtroom for Jonathan David Meer and his lawyer to arrive. He testified that the voice of the caller was familiar from previous calls, but he did not identify it. [ 85 ] James Thorlakson’s testimony was to the same effect.

He and Ronald Simpson had met that morning at the Law Courts. Before Jonathan David Meer and his lawyer arrived, Ronald Simpson received a telephone call which he answered in James Thorlakson’s presence. After receiving the call, Ronald Simpson looked terrified. He told James Thorlakson that something needed to be done to stop the threats. He instructed James Thorlakson to attempt to settle the litigation. [ 86 ] Rostyk Sadownik, Jonathan David Meer’s lawyer, arrived at about 10:00. Jonathan David Meer arrived about 10 minutes later. James Thorlakson and Rostyk Sadownik spoke to each other about settlement.

At the same time Ronald Simpson went to speak to Jonathan David Meer. Jonathan David Meer said, “Don’t you blame me for your fucking fire.” Ronald Simpson said, “Dave, I haven’t even mentioned the fire.” Jonathan David Meer uttered obscenities at Ronald Simpson. Ronald Simpson said, “What are you going to do? Kill me next?” Jonathan David Meer then came up to Ronald Simpson and “chest pumped” him. He said, “I told you not to fuck with me.

Now you know what happens when you fuck with me.” Ronald Simpson said, “Thanks Dave, now I know it was you.” A few seconds later Rostyk Sadownik came up to Jonathan David Meer and Ronald Simpson and said, “Let’s see if we can work out a settlement.” [ 87 ] A settlement of the litigation was agreed. Ronald Simpson agreed to settle for $525,000 even though his judgment was for in excess of $1 million. He testified that he decided to settle out of fear for the safety of his family - his wife, his children and his grandchildren.

Payment of the settlement amount was to be due on November 1, 2007. [ 88 ] Later the same day, Ronald Simpson received another anonymous telephone call on his cell phone. The caller said only, “Good decision”. Ronald Simpson recognized the voice. It was the same as that of the person who had called him that morning to tell him to prepare for a funeral. [ 89 ] The settlement funds due on November 1, 2007 were not paid. There had been communication between James Thorlakson and Rostyk Sadownik from which James Thorlakson derived the impression that payment by Jonathan David Meer was unlikely.

Ronald Simpson instructed James Thorlakson to sue to set aside the April 2007 settlement. A motion and application materials in that regard

were filed. By November 1, 2007, James Thorlakson had advised Rostyk Sadownik that his instructions were to have the settlement set aside. Discussions among Jonathan David Meer, Christopher Meer and Dustin Pisesky about Sending a Further Message to Ronald Simpson - Before November 3, 2007 [ 90 ] Dustin Pisesky testified that sometime before November 3, 2007 he participated in a conversation with Jonathan David Meer and Christopher Meer in the Meer residence basement. Jonathan David Meer wanted to send another message to Ronald Simpson. Some of Jonathan David Meer’s words stick in Dustin Pisesky’s mind.

Jonathan David Meer said that it would be a “kick in the nuts” to have the same place burn down twice. The reference was to the Simpson Pigeon Lake cabin which Jonathan David Meer informed him was being rebuilt at the time. Dustin Pisesky testified that he said no to the suggestion that the Simpson cabin be burned a second time. He did not want to have anything to do with it. [ 91 ] Jonathan David Meer made reference to this conversation in a conversation he had with Dustin Pisesky while a passenger in Dustin Pisesky’s vehicle on April 1, 2008. The conversation was intercepted and recorded by the police .

In these Reasons I refer to it as the “rebuilding conversation”. Window Shootings - Ross, Thorlakson and Klaray Residences; Arson - Klaray Residence - November 2 and 3, 2007 [ 92 ] Dustin Pisesky testified that in November 2007, in another conversation with Jonathan David Meer and Christopher Meer in the basement of the Meer residence, Dustin Pisesky was asked if he could acquire a paintball gun. Dustin Pisesky does not recall which of Jonathan David Meer and Christopher Meer made the request. He testified, however, that both were present and participating in the conversation when the request was made.

Dustin Pisesky obtained a paintball gun from Jesse McKay who he knew owned one. Dustin Pisesky had the gun filled with CO2 and delivered it to Christopher Meer at the Meer residence. [ 93 ] Later the same day Dustin Pisesky went back to the Meer residence to “hang out” with Christopher Meer. When he arrived Christopher Meer came walking out of the house with some printed off maps and the paintball gun. Jonathan David Meer and Loreena Meer followed Christopher Meer as he came out of the front door.

There was some conversation among Jonathan David Meer, Loreena Meer, Christopher Meer, and Dustin Pisesky at that time, but it did not include any discussion regarding the events that followed. Christopher Meer and Dustin Pisesky left together in Dustin Pisesky’s vehicle, Dustin Pisesky driving. [ 94 ] Dustin Pisesky testified that they first went to a dollar store because Christopher Meer wanted to buy some marbles to shoot out of the paintball gun. He said he wanted to send a message. Dustin Pisesky understood that the message was to be sent to people who were harassing the Meers to get them to stop doing so.

He understood the message was to be sent by shooting out windows. After buying the marbles they tested the paintball gun in a field to see if the marbles would work in it. [ 95 ] Then they drove to Sherwood Park. Christopher Meer gave Dustin Pisesky directions. They stopped in a residential area. Christopher Meer directed Dustin Pisesky to stop. Christopher Meer got out of the car taking the gun and the marbles. He went out of Dustin Pisesky’s sight. In a few minutes he came running back to the vehicle and they drove to another location. Again Christopher Meer directed Dustin Pisesky to stop.

Again Christopher Meer got out of the car with the gun. This time Dustin Pisesky heard the gun fire but didn’t see it being fired. When Christopher Meer returned he was excited, thrilled. [ 96 ] After the second stop in Sherwood Park, Dustin Pisesky drove, following Christopher Meer’s directions, to the area of the Derrick Club in Edmonton. They stopped in a back alley. Christopher Meer got out of the vehicle with the gun and shot at some windows of a house. This time Dustin Pisesky was about a vehicle length away from him and saw him shoot at the house. When Christopher Meer got back in the vehicle he was angry.

He was not satisfied. He wanted to do more damage. [ 97 ] Dustin Pisesky and Christopher Meer then drove back to the Meer residence. Christopher Meer got a jerrycan with gasoline in it from the garage and put it in the vehicle. They returned to the area of the house near the Derrick Club and stopped a few blocks away. Christopher Meer put gasoline from the jerrycan into a water bottle that had been in Dustin Pisesky’s vehicle.

[ 98 ] Christopher Meer initially wanted to make a trail of gas and light it on fire. Dustin Pisesky told him that would not work, the ground would absorb the gasoline and it would not burn. Christopher Meer then went down the road toward the house the windows of which he had previously shot at. Dustin Pisesky lost sight of him. A short while later, Christopher Meer called Dustin Pisesky on his cell phone and said he had got lost. He was by the Derrick Club. Dustin Pisesky drove to the Derrick Club and picked Christopher Meer up. He drove him back to the area of the target house.

Again he dropped Christopher Meer off. He drove on, turned his vehicle around and returned to pick up Christopher Meer. At that point Dustin Pisesky could see flame on the side of the house. Christopher Meer came running from the direction of the fire. [ 99 ] They returned to the Meer residence. Dustin Pisesky does not recall whether there was anyone at the Meer residence when they arrived.

He does not recall talking to anyone at the Meer residence after their arrival. [ 100 ] The evidence of Stuart Ross, James Thorlakson and Thomas Klaray is consistent with that of Dustin Pisesky as to the events of November 2 and 3, 2007 except as to the order of those events. By Dustin Pisesky’s evidence the order of events was: 1) Sherwood Park residences window shootings, 2) Klaray residence window shooting, 3) Arson at Klaray residence.

By the combined evidence of Stuart Ross, James Thorlakson and Thomas Klaray, the order was: 1) Klaray residence window shooting, 2) Sherwood Park residences window shootings, 3) Arson at Klaray residence. [ 101 ] Thomas Klaray testified that on the evening of November 2, 2007 he went to the Oilers game with his daughter who was in town from Vancouver for the weekend. His son and wife were at home that evening. Thomas Klaray and his daughter returned from the hockey game at about 10:30 p.m.

His daughter noticed that there were holes in some of the windows of the house - the windows in the kitchen and the windows of the upstairs bedroom. The damaged windows were on the back of the house. [ 102 ] Thomas Klaray called the police. He then went into the backyard to look around. He found marbles on the lawn. He gathered these up. He observed that there was damage to the siding of the house. The window damage was to the outside pane of the double glazed windows. Thomas Klaray assumed the shots had been fired from the alley.

His wife and son, who had not been in the same room during the evening, both reported that they had heard glass shatter at some point but had assumed that the other had broken something. [ 103 ] Thomas Klaray called the police a second time. They said it was a busy night and it would take some time for them to respond. They suggested they would come to investigate the next day. Thomas Klaray went to bed at about 1:00 p.m. [ 104 ] Stuart Ross testified that in November 2007 he resided in Sherwood Park, Alberta. At about 2:00 a.m on the morning of November 3, 2007 a noise woke him up.

He testified that it was not the noise of breaking glass. He got up and wandered around the house to investigate. He did not see anything. The next morning, however, he discovered that windows in his house had been broken. He noticed this when he observed the windows from the outside. The damage was to the kitchen window and the upstairs bedroom window. Like Thomas Klaray he found marbles in his yard. [ 105 ] Stuart Ross testified that his home address was not published in the telephone book at the time and had not been for several years prior to 2007.

He has searched the internet to see if it is possible to determine his address from that source and has not been able to do so. He has never provided his home address to Jonathan David Meer or anyone in his family.

He had never socialized with Jonathan David Meer or members of his family. [ 106 ] Stuart Ross testified that after the events of November 3, 2007, in part because of concerns for Stuart Ross’ safety, the Royal Bank decided to discharge the writ that it had registered against the title to the Meer residence. [ 107 ] James Thorlakson testified that he also resided in Sherwood Park, Alberta in November 2007. At about 2:30 a.m. on November 3, 2007 he heard a loud sound coming from the main floor of his house. He heard glass breaking. The sound woke him and his wife and their children.

James Thorlakson ran downstairs to investigate. He saw that a window on the west side of the house had holes in it. There were what appeared to be marbles in the window pane and on the floor. On the wall opposite the window there were dents in the drywall.

[ 108 ] James Thorlakson called the police and they responded to the residence within a few minutes. There is a walkway adjacent to the side of James Thorlakson’s house. He thinks the shots must have come from that walkway. [ 109 ] James Thorlakson contracted a private security firm in mid December 2007 to keep watch near his residence when anything possibly provocative was planned in the Simpson/Meer litigation. [ 110 ] Thomas Klaray testified that having gone to bed at 1:00 a.m. following the discovery of the broken windows in his residence and waiting in vain for the police to arrive, he was unable to sleep.

At 4:30 a.m. he heard his wife yelling that the house was on fire. He got up and got his son up. A neighbour who called the fire department and alerted the Klarays of the fire was at the front door. The fire appeared to be in the garage. Thomas Klaray told his son to get the garden hose and try to put the fire out. Meanwhile Thomas Klaray moved the two cars out of the garage. He then determined that his daughter who was sleeping in the basement was safe. The fire department arrived. Damage was confined to the garage. [ 111 ] Thomas Klaray spoke to Stuart Ross on Monday, November 5.

He called to discuss the court application in the Headwest receivership that was set for that morning. In that conversation he learned of the events at Stuart Ross’ residence on November 3. He called the lawyers who would be involved in the court application for the Bank and the Receiver, Ray Rutman and Darren Bieganek, and told them what had happened. He suggested that security be arranged for the court application. [ 112 ] On the afternoon of November 5, Royal Bank security requested that the Klaray family move out of their house and go to a hotel for safety.

The Klaray family however chose to stay in their home and hired private security to be in their driveway every night. [ 113 ] Thomas Klaray testified that he never gave Jonathan David Meer or any member of the Meer family his home address or telephone number. The Simpson/Meer Litigation following November 3, 2007 [ 114 ] In the days following the November 3 attack on his residence, James Thorlakson became aware of the events that occurred at the Ross and Klaray residences the same night.

He also learned that the Royal Bank discharged the registration of its judgment against the title to the Meer Kelowna property. [ 115 ] On December 5, 2007 he received a voice mail message from Loreena Meer. She said she thought the injunction order that James Thorlakson had obtained against the same property on behalf of Ronald Simpson should be removed. He received similar requests from the Meers’ agents in British Columbia.

He received information which lead him to believe that the Meer’s were seeking to sell their property in Kelowna. [ 116 ] He filed an application for contempt and other relief on December 14, 2007.

The application was returnable in court on Monday, December 17, 2007. [ 117 ] The private security firm James Thorlakson had retained reported on the morning of December 17, 2007 that a yellow Hummer of the type owned by the Meers had been observed in the street outside his residence in the night. [ 118 ] George Harman, one of the private security providers that James Thorlakson retained, testified that he had observed the yellow Hummer with a license plate number of either 50K070 or 50K071 driving very slowly in front of the Thorlakson residence.

Evidence relating to police surveillance conducted on the Meer family in early 2008 established that the license plate number for the Meer yellow Hummer was 50K070. [ 119 ] Despite the report concerning the presence of the Meer Hummer in his street the night before the scheduled court application, James Thorlakson proceeded with the application on the morning of Monday, December 17, 2007. The Court directed examinations on affidavits. Christopher Meer was present in court. The examinations were scheduled for later the same week.

[ 120 ] During the examination of Ronald Simpson by Jonathan David Meer’s lawyer on Wednesday, December 19, Ronald Simpson was asked for his residential address. James Thorlakson and Ronald Simpson assumed that the Meers did not at that point know Ronald Simpson’s residential address since his residence had not been attacked when Thomas Klaray’s, Stiart Ross’ and James Thorlakson’s residences had been attacked. Ronald Simpson refused to provide that information in the examination. [ 121 ] Jonathan David Meer was present during the examination of Ronald Simpson.

James Thorlakson testified that he had a conversation with Jonathan David Meer. Jonathan David Meer said that they should put an end “to this fucking game playing”. He made a settlement offer that James Thorlakson was instructed to refuse. At the end of the day, Jonathan David Meer said, in what JamesThorlakson considered a menacing way, that he hoped James Thorlakson’s Christmas went well. [ 122 ] Ronald Simpson testified that at some point during the December 19 examination, he noticed Jonathan David Meer staring at him.

He saw Jonathan David Meer tapping his index finger on the face of his wrist watch and rubbing his thumb across his own throat in a cutting motion. Ronald Simpson interpreted those gestures as a meaning, “Time is running out. You’re done”. Ronald Simpson testified that this occurred during the examination of Jonathan David Meer by James Thorlakson. He must have been mistaken in that regard, however, because Jonathan David Meer was not examined either that day or the next. Ronald Simpson was examined on December 19. Loreena Meer was examined on December 20.

Ronald Simpson testified that he reported Jonathan David Meer’s gesturing to James Thorlakson at the end of the examination. James Thorlakson confirmed that he had done so. James Thorlakson testified that he had not observed the gesturing. [ 123 ] James Thorlakson attempted to scheduler his examination of Loreena Meer. Jonathan David Meer said that attending for examination would interfere with Loreena Meer’s work schedule. James Thorlakson asked what she did for a living. Jonathan David Meer responded by asking, “What does your wife do beside photography”.

James Thorlakson was taken aback by Jonathan David Meer’s knowledge of his wife’s occupation. He took the comment as Jonathan David Meer’s way of letting James Thorlakson know that he had been checking into James Thorlakson’s family. [ 124 ] James Thorlakson examined Loreena Meer on Thursday, December 20.

She refused to answer his questions relating to the sale of the Meer residence in Kelowna and other assets. [ 125 ] Ronald Simpson testified that at the conclusion of the examination Loreena Meer leaned over to him on her way out of the examination room and said, “We know where you live, we are going to get you.” Ronald Simpson testified that he reported that threat to James Thorlakson. [ 126 ] The court application was to proceed on Friday, December 21.

Aborted Plans to Assault Ron Simpson and James Thorlakson; Arson of Simpson Edmonton Residence - December 20, 2007 Dustin Pisesky’s Evidence [ 127 ] Dustin Pisesky testified that a few days prior to December 20, 2007 he met with Jonathan David Meer and Christopher Meer again in the basement of the Meer residence. Jonathan David Meer wanted to send another message to Ronald Simpson. He wanted Dustin Pisesky to get a few friends together and go beat up Ronald Simpson. He wanted them to take Ronald Simpson’s Rolex watch as a trophy.

He suggested one of them should pretend to be a gas man to get the door of the Simpson house open, that they should lure Ronald Simpson outside and beat him up. Jonathan David Meer and Christopher Meer had a residential address for Ronald Simpson which, they said, they had obtained by following Ronald Simpson. There was no discussion in this meeting about sending a message to anyone else. [ 128 ] Dustin Pisesky agreed to participate. He testified that he did not know how to get out of the situation. He considered himself too involved not to accede to Jonathan David Meer’s request.

[ 129 ] Dustin Pisesky recruited Jesse McKay, the friend through whom he had originally met Christopher Meer, and Nicholas Radloff. He told Jesse McKay about the plan to send Ronald Simpson a message by beating him up. He did not tell Nicholas Radloff of the plan before the night it was to be implemented. [ 130 ] On Thursday, December 20, 2007, Dustin Pisesky drove to the Meer residence and picked up Christopher Meer. They picked up Nicholas Radloff at a restaurant. Then they drove to Dustin Pisesky’s father residence on the north side of the city to get Dustin Pisesky’s father’s van.

As they drove, Dustin Pisesky told Nicholas Radloff that they were going to beat someone up to send him a message. Nicholas Radloff was content to participate. [ 131 ] Jesse McKay met them at Dustin Pisesky’s father’s residence. Dustin Pisesky parked his vehicle and took his father’s van. From there the four men went in the van to a Mark’s Work Wearhouse where Dustin Pisesky bought four balaclavas using money that Christopher Meer gave him for the purpose. [ 132 ] Then they went to the Simpson residence.

On the way Dustin Pisesky said how they would go about getting access to Ronald Simpson - by one of them pretending to be a gas meter reader. [ 133 ] Christopher Meer had been to the Simpson residence previously and gave Dustin Pisesky directions. They parked a block and a half away from the Simpson residence. Christopher Meer, Nicholas Radloff and Dustin Pisesky got out of the van. Jesse McKay stayed at the van. He was to be the driver. [ 134 ] At the Simpson residence Dustin Pisesky went to the door and knocked. Eileen Simpson came to the door but did not open it.

Dustin Pisesky said he was a meter reader from Atco Gas. He wanted access to the meter in the backyard but couldn’t get the fence open. Christopher Meer and Nichlos Radloff were hiding nearby out of sight of the door intending to rush in when the door opened. Dustin Pisesky does not recall what response the woman gave him. However, as the door was not opened the plan was abandoned and he walked away. The three men returned to the van and left the area. [ 135 ] Video recorded on the private closed circuit video system of a homeowner in the Simpson neighbourhood was obtained by police.

It shows a white van entering the street where the Simpson residence was located at 19:29 and leaving at 19:31 on December 20, 2007. [ 136 ] After leaving the area of the Simpson residence, Christopher Meer suggested that they drive to Sherwood Park to send the same message to James Thorlakson. Jesse McKay drove. The trip took about 15 minutes. [ 137 ] During the drive to Sherwood Park, Christopher Meer made a call on his cell phone. Dustin Pisesky heard Christopher Meer’s side of the conversation.

He heard Christopher Meer say “Plan didn’t work, should we go to plan B?” He testified that he did not know what reply Christopher Meer got to that question. He testified that Christopher Meer did not say anything about the call after it was made. [ 138 ] Rogers Communications cell phone records show that on December 20, 2007 at 20:02:38 a call was made from the cell phone which the evidence (including the testimony of Jonathan David Meer) established was Christopher Meer’s cell phone, to the cell phone which Jonathan David Meer was his. The duration of the call was 44 seconds.

The same records show that there was a second call from Jonathan David Meer’s cell phone to Christopher Meer’s cell phone at 20:33:39. It’s duration was 4 seconds. [ 139 ] When they arrived in Sherwood Park, Christopher Meer, Nicholas Radloff and Dustin Pisesky again got out of the vehicle. They were near James Thorlakson’s house in the next cul-de-sac. Dustin Pisesky understood that James Thorlakson was Ronald Simpson’s lawyer. This time the plan was that Nicholas Radloff would go to the door of the Thorlakson residence, say he could not get his car started, and ask for a boost.

When James Thorlakson came outside Christopher Meer and Dustin Pisesky would beat him up. [ 140 ] They walked down the path that leads past the side of the Thorlakson residence. Christopher Meer and Dustin Pisesky stayed

behind the fence out of sight of the front door. Nicholas Radloff went to the front door. Someone opened the door. Nicholas Radloff later reported that he had asked him for help with his car but the man refused. The plan to beat up James Thorlakson was abandoned. [ 141 ] The three men returned to the van. They drove to a 7-Eleven store and then back to Christopher Meer’s house. When they arrived at the Meer residence, Christopher Meer got out, opened the gates, went to the garage, and returned with two jerrycans. He put them in between the front seats of the van. Jesse McKay was driving.

Dustin Pisesky and Nicholas Radloff were in the back of the van. Christopher Meer was in the front passenger seat. [ 142 ] They drove to a service station to fill the jerrycans. Then they drove to the Simpson residence. They stopped a few blocks away from the residence and walked to the residence. Only Jesse McKay stayed in the vehicle. They went into the backyard of the Simpson residence. [ 143 ] Dustin Pisesky testified that at that point he got a bad feeling about what they were planning to do. He did not want to proceed.

They put the jerrycans down in a basement window well, left the backyard and went back to the vehicle. They drove for a few blocks. Christopher Meer insisted that they had to get the job done. Dustin Pisesky said he would take over as the driver. The others agreed to return to the Simpson residence to set fire to it. [ 144 ] Dustin Pisesky drove them back to a point a few blocks away from the Simpson residence. Christopher Meer, Nicholas Radloff and Jesse McKay got out of the van and went to the Simpson house.

One of them took a centre punch with him to be used in breaking a window. [ 145 ] Dustin Pisesky testified that they were gone for about two minutes. Then Nicholas Radloff came running towards the vehicle. Jesse McKay and Christopher Meer were close behind him. They drove out of the area. Christopher Meer said, “It’s done. It’s done. We gotta get going.” [ 146 ] The private closed circuit video obtained by police from a homeowner in the neighbourhood shows the white van entering the street where the Simpson residence was located at 22:15 and leave at 22:25.

The van entered the street again at 22:44 and left at 22:45:38. The video shows three men walking across the cul-de-sac between these times. The video also shows the fire trucks arriving in the area at 23:58. [ 147 ] Dustin Pisesky drove to Nicholas Radloff’s apartment first. They stayed there about 10 minutes while Nicholas Radloff changed his clothes. Then they drove back to Dustin Pisesky’s father’s residence. They left the van. Jesse McKay and Nicholas Radloff left in Jesse McKay’s vehicle. Dustin Pisesky does not know where they went. [ 148 ] Christopher Meer changed his clothes at Dustin Pisesky’s vehicle.

He had brought a change of clothes with him. Christopher Meer and Dustin Pisesky then left in Dustin Pisesky’s vehicle. Christopher Meer threw the clothes he had taken off into a dumptser behind the Transit Hotel. On the way back to the Meer residence, Christopher Meer wanted to see the fire. They drove to the area of the Simpson residence. Dustin Pisesky could see the Simpson house fully engulfed in flames. He could also see that there were fire trucks at the residence. [ 149 ] Christopher Meer and Dustin Pisesky returned to the Meer residence. They both went in. Jonathan David Meer came to talk to them.

Christopher Meer was excited. He told his father it was all done. Jonathan David Meer said, “Good job”. All three, Jonathan David Meer, Christopher Meer and Dustin Pisesky, went upstairs and looked out a window. They were able to see the glow from the fire in the sky. Nicholas Radloff’s Evidence [ 150 ] Nicholas Radloff also testified to the events of December 20, 2007. He testified that he had known Dustin Pisesky in junior high school. Later he had met Dustin Pisesky again. They went to the same martial arts studio several times a week and would socialize after their sessions there.

[ 151 ] On December 20, 2007 Dustin Pisesky contacted Nicholas Radloff. He said he was helping a female friend who was being abused, to move. He wanted Nicholas Radloff to help. Nicholas Radloff understood that Dustin Pisesky wanted help because he anticipated violence. Nicholas Radloff agreed to help. They arranged to meet at a local Boston Pizza restuarant that evening. [ 152 ] Dustin Pisesky arrived at the restaurant to pick Nicholas Radloff up. Christopher Meer was with him. Nicholas Radloff had not previously met Christopher Meer. They drove to Dustin Pisesky’s place in Millwoods.

On the way, Nicholas Radloff was told, he believes by Christopher Meer, that the task that night would be to collect some money. He gave no details – just that money was owed and that it needed to be collected. Nicholas Radloff decided to continue to go along with them. At the time he was abusing drugs, he testified, and his thinking was not clear. However, he had not taken any drugs that particular night and was sober. [ 153 ] Nicholas Radloff changed his clothes at Dustin Pisesky’s place.

He changed into black martial arts pants and he put his jacket on inside out. [ 154 ] They then drove to Dustin Pisesky’s father’s house to get Dustin Pisesky’s father’s van. The person who was to be the driver of the van met them there. They actually picked the van up at a bar in the area of Dustin Pisesky’s father’s house. They wanted the van because it was bigger than Dustin Pisesky’s vehicle. It was also a simple white van, less conspicuous that Dustin Pisesky’s vehicle, a black Ford Ranger. [ 155 ] Dustin Pisesky and Nicholas Radloff travelled in the back of the van. Jesse McKay drove.

Christopher Meer was in the front passenger seat. [ 156 ] They first went to Mark’s Work Wearhouse where Dustin Pisesky bought four balaclavas. Christopher Meer directed Jesse McKay to the Simpson residence. On the way to the Simpson residence they discussed what they would do when they arrived there. They were going to rough the place up to look like a robbery but they were really there to deliver a message. Dustin Pisesky was going to pose as an ATCO man and “take” whoever opened the door down. Nicholas Radloff was going into the house next. Christopher Meer would enter last.

They all contributed ideas to the plan evenly. [ 157 ] They stopped down the road from the Simpson house after driving past it. Christopher Meer, Dustin Pisesky and Nicholas Radloff got out of the van and went to the Simpson house. Dustin Pisesky went to the front door. Nicholas Radloff and Christopher Meer hid behind the corner of the garage, out of sight of the front door. Nicholas Radloff did not see what happened at the door. Dustin Pisesky was at the door for a few minutes. He left the front door and reported that he could not get the door open.

The three returned to the van to regroup. [ 158 ] When they got back to the van they decided to go to a lawyer’s house in Sherwood Park. Christopher Meer suggested that and the others agreed. Christopher Meer wanted to go there because a message needed to be sent there too. Nicholas Radloff testified that he had no reason for agreeing. His head was spinning. Things were getting out of control. He did not know how to handle himself. [ 159 ] On the way to the Thorlakson residence they talked about options they could pursue for the Simpson house when they were finished in Sherwood Park.

They talked about breaking in. They talked about arson. Nicholas Radloff testified that Christopher Meer suggested arson. [ 160 ] During the trip to Sherwood Park, Christopher Meer made a call on his cell phone. He reported to the person he called what had happened at the Simpson residence, that they had failed to get in and what they were thinking of doing as a substitute plan - the options they were considering. He asked the person to whom he was talking what should be done.

When he got off the cell phone, Christopher Meer said, “The big man says the Molotov is the way to go.” [ 161 ] On arrival at the Thorlakson residence the lights were on. There were children in the front room. There were adults in the back. They parked two blocks away around the corner. Christopher Meer, Dustin Pisesky and Nicholas Radloff got out of the van and walked to the house. The plan this time was for Nicholas Radloff to go to the door and pretend that he was having car trouble. He was to take the lawyer down.

Christopher Meer and Dustin Pisesky would control the other people while Nicholas Radloff beat up James Thorlakson.

[ 162 ] Nicholas Radloff went to the door. Now the house was in darkness. Christopher Meer and Distin Piseksy concealed themselves behind the fence. Nicholas Radloff knocked on the door. James Thorlakson answered. Nicholas Radloff asked for a boost. James Thorlakson said he was sorry but he could not help. He closed the door. The plan having failed, the group returned to the van. [ 163 ] Back at the van there was hostility toward Nicholas Radloff because he had not accomplished his task. On the drive back to Edmonton, Nicholas Radloff tried unsuccessfully to get Dustin Pisesky to stop what was going on.

No one else was dissenting. [ 164 ] They drove to Dustin Pisesky’s apartment to get a window punch to use at the Simpson residence. Then they drove to a large house in Terwillegar. It had gates. Christopher Meer opened the gates. Christopher Meer and Dustin Pisesky went in. They came back with two plastic jerrycans. They put them in the front seat area with Christopher Meer. [ 165 ] They drove to a 7-Eleven gas station and filled the jerrycans. Christopher Meer paid for the gas. [ 166 ] Then they went to the Simpson residence and parked in the same place they had parked earlier that night.

Christopher Meer, Dustin Pisesky and Nicholas Radloff got out of the van and walked to the house taking the jerrycans with them. They entered the backyard. Nicholas Radloff could see the people who lived next door to the Simpsons in their house and thought those people could also see him and Christopher Meer and Dustin Pisesky. He got nervous. He went to a basement window well. He could hear someone in the Simpson house. They put the jerrycans in the window well and went back to the van. [ 167 ] They drove away from the area and went to a nearby grocery store. There they discussed how they would proceed.

Nicholas Radloff told Dustin Pisesky he wanted to leave. He offered to be the driver. But the offer appeared not to be heard by the others. Instead, Dustin Pisesky took over the role of driver. [ 168 ] They returned to the Simpson house. Christopher Meer, Jesse McKay and Nicholas Radloff left the van. The plan was for Dustin Pisesky to drive on, turn around and meet them as they ran from the house after setting fire to it. [ 169 ] Wearing balaclavas they went into the backyard of the house and retrieved the jerrycans. Christopher Meer was giving instructions as to what to do.

Nicholas Radloff said he felt uneasy and that he was leaving. He started running away. When be was in front of the house he heard the window smash. He looked back to see flames. Dustin Pisesky drove up. Nicholas Radloff ran to the van. Twenty or thirty seconds later Christopher Meer and Jesse McKay came running to the van. [ 170 ] They drove to Nicholas Radloff’s place. There Nicholas Radloff changed his clothes. He asked to be driven downtown. They drove to Dustin Pisesky’s father’s place. Nicholas Radloff told Dustin Pisesky that he needed to be compensated for what he had done that night.

This was the first time that payment had been mentioned. Dustin Pisesky said that would not be a problem. [ 171 ] Nicholas Radloff and Jesse McKay got into Jesse McKay’s vehicle and left. Nicholas Radloff went to the bar where his girlfriend worked and got drunk. Ronald and Eileen Simpson’s Evidence Regarding the Atco Man [ 172 ] Eileen Simpson testified that not long before December 20, 2007 she answered her husband’s cell phone at his request. Ronald Simpson could not answer it himself because he was on another line.

When she answered the cell phone, Eileen Simpson heard a male voice say something like, “Stop the suit.” At trial Eileen Simpson could not remember the exact words she heard but she perceived the message to be threatening and to relate to the lawsuit she knew her husband was involved in. She told Ronald Simpson what the caller had said. Ronald Simpson called James Thorlakson and told him.

[ 173 ] Eileen Simpson testified that on December 20, 2007 at about 7:30 p.m. the doorbell rang at the Simpson residence. She went to the door and looked out of the window beside the door. She asked the person at the door what he wanted. He said he was from ATCO and wanted to read the meter but the gate was closed. Eileen Simpson told him it was 7:30 p.m. and to go away. He went away. [ 174 ] Ronald Simpson’s testimony concerning this incident was essentially the same as Eileen Simpson’s. He testified that Eileen Simpson had opened the door slightly.

Eileen Simpson did not say whether she had opened the door or not. Dustin Pisesky testified that the door had not opened. Ronald Simpson also testified that when the caller went away, Eileen Simpson called ATCO to report the incident. [ 175 ] Ronald Simpson was right behind Eileen Simpson at the door. Ronald Simpson’s sister was also in the house. She was visiting from Toronto for Christmas. [ 176 ] Eileen Simpson described the person at the door in her evidence. He was a male, between 20 and 30 years of age.

The features she described are consistent with the person having been Dustin Pisesky, who, as noted, testified that he was the person at the door. James Thorlakson’s Evidence [ 177 ] James Thorlakson testified that on the night of December 20, 2007, at about 9:20 p.m., a young man came to the door of his Sherwood Park residence just after the family had gone to bed. James Thorlakson answered the door. He did not open the screen door. He spoke to the caller through the screen. The caller was wearing a hoodie. James Thorlakson could not see his face. The light on the porch was burned out.

He said his car had broken down around the corner. He asked for a boost. James Thorlakson refused. He was suspicious because there really was no corner for a broken down car to be around. Further, the Thorlaksons’ house was not the most logical one for someone having car trouble in the area to approach. The caller left. [ 178 ] James Thorlakson saw the caller walk down the walkway beside his house. He reported the incident to the private security team which were on patrol in the area at the time. Ronald and Eileen Simpson’s Evidence Regarding the Fire [ 179 ] Eileen Simpson went to bed at about 10:00 p.m.

At about 11:30 p.m. Eileen Simpson heard windows in the family room being broken. She got up and screamed to her husband. She was on her way down the stairs when she saw flames in the family room. She heard Ronald Simpson yell out. She went to the room where her sister-in-law was staying which was next to the garage door. She got her sister-in-law into the car and backed it out of the garage. As she did so she saw Ronald Simpson leaving the house. She went to one neighbour to warn them. She saw Ronald Simpson go to the other neighbour.

She and her sister-in-law went to a neighbour’s house while the fire department dealt with the fire. [ 180 ] Ronald Simpson testified that he had gone to bed in a bedroom near the family room at about 9:30 or 10:00 p.m. After midnight he was awakened by the sound of glass breaking. Eileen Simpson was screaming at him from upstairs. He went into the family room. There he saw someone smashing the window and reaching in to pull the blinds aside. He yelled at this person, “What the hell are you doing”. The person responded, “You should have taken the deal”.

The person lit something on fire and threw it at Ronald Simpson. [ 181 ] Whatever the person threw landed at Ronald Simpson’s feet. Gas spread over Ronald Simpson’s feet and legs and they were on fire. Ronald Simpson yelled at his wife to get herself and Ronald Simpson’s sister out of the house. He ran into the shower to put the flames out on his legs and feet. There was also glass in his feet. He grabbed some clothes. He and Eileen Simpson backed the cars out of the garage. [ 182 ] Ronald Simpson was given medical attention at the scene. He suffered severe second degree burns to his feet and legs.

He was taken to the University of Alberta Hospital Burn Unit. He was in hospital for most of the Christmas holiday. Treatment continued well into January 2008 before the dressings could be removed. Fortunately he recovered fully.

[ 183 ] The Simpson residence was completely destroyed in the fire. The Simpsons lost all of the possessions that were in the house including their sentimental memorabilia and items they had inherited. The homes on both sides were damaged but not lost. Events after the Simpson Edmonton Fire [ 184 ] James Thorlakson was informed of the fire at the Simpson residence the next morning, December 21, 2007. He proceeded with the scheduled court application. Jonathan David Meer was present in court. The Court ordered the Meers to produce documents by January 8, 2008.

Documents were provided on January 7 or 8, 2008. [ 185 ] Ronald Simpson testified that on January 7, 2008 he received another threatening call on his cell phone. The caller said, “You’ve been warned, now cease and desist.” [ 186 ] Eileen Simpson testified that on January 25, she answered Ronald Simpson’s cell phone. She did not recognize the caller. It was a male. The caller threatened to kill the Simpsons’ son and grandchildren. The caller named the son and grandchildren. He said, “They’re next.” [ 187 ] Dustin Pisesky testified as to a call of this description.

He testified that in late February or early March 2008 he was asked at another meeting with Jonathan David Meer and Christopher Meer in the basement of the Meer residence to make another threatening call. This time there was no script. He was instructed to say to whoever answered the phone, that they knew where your kids are and that they would go after their kids. He assumed that the call was to be to Ronald Simpson.

Jonathan David Meer gave him a piece of paper on which the phone number that he was to call was written. [ 188 ] Dustin Pisesky testified that he hesitated for a few days before he carried out this task. But a few days later he made the call from a pay phone. He phoned the number on the paper and said, “Stop all accusations or your kids are going to get it next. We know where your kids are at. We will go after your children.” Dustin Pisesky did not know who answered the phone and heard his message. [ 189 ] As a result of that call the Simpsons decided that they had to stop the lawsuit. It was a joint decision.

James Thorlakson arranged a settlement under which Ronald Simpson agreed to accept an amount significantly less than he had claimed. When J

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