On Monday, December 10, 2007, a box containing 4 huge legal binders, each of them about about 3 inches thick arrived in my medical office while the waiting room was full of patients. I thought that the Canadian Process Server was going to have a hernia. The binders were Trueman Tuck's feable attempt to stall for more time in the BIE Health Products case.
He refused to back down after the Department of Justice's Shain Widdifield asked Tuck to get a real lawyer for his client.
The court in Belleville, where the original case was filed, took many months to render a decision in the BIE lawsuit, and then ordered that Tuck be replaced with a real barrister. They appointed Toronto lawyer Paul Starkman to represent BIE Health Products.
Then, in early July 2008 the venue for the trial was finally changed to courts in Toronto. As well, they asked for updates for the Statement of Claim to be filed by Starkman, and Statements of Defence by the defendants that will be due later this Fall. During the negotiations in the Spring and Summer, it was clear that several defendants were never properly served by Tuck with the proper papers, and so the court ordered them to be dropped from the suit.
There were a number of serious Provincial charges pending against Tuck. The hearing ran from July 14-15, 2008 in Belleville, Ontario.
Superior Court of Justice
235 Pinnacle St. - Room 303
Tuck was charged by the Law Society of Upper Canada with several counts of violations of the Law Society Act, R.S.O. 1990, c. L.8 including:
- Unlawfully practicing as a Barrister
- Unlawfully holding himself out as a Barrister
- Unlawfully representing himself as a Barrister
He was found guilty on a maximum of two charges, and was assessed a penalty of $16,000. Additionally, he was prohibited from acting as a legal representative in any future actions. This effectively bars him from even performing paralegal services, since he is not registered or qualified under present Law that exists here in Ontario. I doubt that he would ever be permitted to apply as a paralegal in this Province.
Richard Beemer is represented by health freedom guru Trueman Tuck
Richard Beemer, the proprietor of BIE Health Products, appeared before the Standing Committee on Health on May 9, 2005 to pitch his position that selling what I would consider to be bogus products is okay.
"My company had annual sales of over $1.5 million taxable, and it has been deliberately destroyed unlawfully by Health Canada and the Canada Border Services Agency over the last 18 months or so. These agencies did this by simply cutting off our cashflow, by threatening my advertisers, and unlawfully stopping all personal imports of my product to Canadians."
He left a distinct impression that Health Canada and their employees were nasty little men and women who are out to get him. Of course who would come to his rescue but Trueman Tuck, the health freedom advocate and launcher of a "thousand" anti-government web sites. Okay, it's not quite a "thousand", it only seems that it is.
On July 21, 2005 I received two packages from Tuck via Purolator. Each of them was about an inch thick, but up here in Canada, it's really 2.54 cm. Tuck had just returned from the Codex meetings in Rome in early July. It was reported that he attended the meetings with Carolyn Dean, who can no longer practice as an MD in Ontario, and Peter Helgason from Strauss Herbal products. I guess that their influence probably led to Codex coming down hard on the nutraceutical industry in Europe.
I know that he is foaming at the mouth just waiting to get even with the rest of the world. I have scanned in his lawsuit that names just about everyone of interest in the Canadian government, Health Canada, major media outlets, and professional organizations, etc.
Tuck has a knack of associating himself with some controversial issues, and has also helped spread misinformation about me, much of it courtesy of Tim Bolen who you will note below is not the kind of person you'd like to take home for the holidays.
Tuck's publications include Health Freedom Update. It's jam packed with nice pictures of politicians who he favours.
It will be interesting to see what happens with this nuisance lawsuit. If it turns out like the previous lawsuit he launched on behalf of Nick Jerch from Bell Distributors, I wouldn't bet on a victory before any judge or jury. On November 26, 2003 Jerch refused to comply with Health Canada actions. He marketed the Magicc Bullett, which was an unregulated supplement that contained the active ingredient of the drug Viagra. Then a short time later he was cited again for yet another product that contained the active ingredient found in Cialis. And don't forget the Bell EZEE Slimming Patch scam that marketed fraudulent weight loss patches through major drugstore chains.
BIE ADVERTISING CONTINUES AND SO DOES TUCK
In 2011, modified ads ran in Surry B.C.'s VISTA Magazine published by Trent Nellis. The claims made in those ads were still outrageous to me. Complaints were made to Health Canada and to the Competition Bureau. The link to Issue 78 that I believe was printed in September 2011 can be looked at in its entirety. The questionable adv. is on page 41.
On June 7, 2011 Nellis had stated, according to Tuck, that Vista magazine told Health Canada that it would not accept any more advertising from Beemer until he was in compliance with Health Canada's order. This must have gone in one ear and out the other, because on 27 July 2011, Tuck claims to have written a letter to Nellis, which Nellis denies, in which he followed up a phone call made 12 days earlier. The gist of the letter implied that he was still some kind of legal representative for BIE Health products (and Richard Beemer). He said that he would "have to resort to filing legal actions because the public servants involved refuse to sit down and work out our mutual legal obligations via respectful negotiations in a civilized Canadian fashion."
This is the Indemnification Agreement signed by Richard Beemer, and witnessed by Jennifer Simoo, that gets Vista magazine off the hook if they continued to take their ads. It is dated July 28, 2011. It seems that Mr. Nellis just didn't care about this, and in fact, when I contacted him in early November 2011 to ask him if Tuck really sent the letter in July, he refused to answer. He also refused to provide me with copies of those ads, especially the one that ran above.
Tuck also defamed Dr. Terry Polevoy in that July 27th letter of "destructive and malicious complaints" that I made to Health Canada over the last decade. Tuck states that I "have been harassing Richard and myself [Tuck] and our family businesses for over nine years now."
He doesn't state anything about losing his right to act as a legal or even a paralegal representative, nor does he mention that I testified against him in court in Belleville, Ontario. Remember, Tuck had been banned from acting as ANY legal representative, for ANY reason in the Province of Ontario three years before. How convenient to forget those restrictions, Mr. Tuck.
Full page advertisement in Maclean's Magazine
- January 19, 2009 page 63
Despite a raging lawsuit against the media and myself, somebody placed an advertisement in Rogers Communications owned Maclean's Magazine, Canada's largest circulation news magazine. I've contacted Maclean's and they haven't responded to my questions.
BIE Health Products is still selling and advertising their GHR product
as if there have been no actions taken against them by Health Canada.
Why have the Health Canada warnings to consumers to not use the BIE
Health product years ago not closed them down?
The most recent ad appeared inside the back cover of a magazine called
Live-It! - Canada's Health and Wellness Magazine. Fall 2007 issue.
Live It!'s web site:
The publishing company is a division of Torstar's Metroland. It was
BIE's standard ad from 2000, i.e. full page in colour. The magazine was
delivered with my Saturday Record here in Waterloo.
Latest ad compared to earlier versions
This company should have been prosecuted by Health Canada for violations
under their old and new regulations, AND by the Competition Bureau for
making false claims in its advertising.
There are very few differences in their claims between the ad that ran in the Western Standard in March 2006, except this time I was
unable to find claims that HGH is known to reverse:
The Live It! advertisment now includes the
dubious claims that HGH is know to reverse the following. Note that they make this statement without using the word GHR. This is basically false advertising, no matter what they say!:
high blood pressure
asthma and menopausal symptoms
helps kidney dialysis
helps heart and stroke recover
The company and their agents have attacked Health Canada viciously and
threatened a lawsuit against them for years. Why has this been allowed