Erwin Singh Braich was born
in Mission, British
Columbia, Canada in
His father, Herman Braich Sr. was a logging pioneer
who came to Canada in 1927. Erwin has continued to be involved in
the community of Mission, building a Gurdwara. (Sikh Temple) Erwin
also helped build the Erwin Singh Braich Sportsplex. Heritage Park Centre
In 1996 he was named the Citizen of the Year by his hometown,
Mission, B.C. He was unable to attend the ceremony in person, due
to the fact that he was he was the only Canadian, in a group of 15
business leaders, who was meeting with U.S. Vice-president, Al Gore
and Russian Premier Viktor Chernomyrdin, to discuss market reforms
for former Soviet Block Countries. World leaders ask Braich for
In June 1999, a lawyer from West Vancouver - Brian McLean - and his
clients Glenn Walsh (a resident of Kamloops, B.C. and Valetta,
Malta)/Tercon Contractors Ltd., filed a Petition in the Supreme
Court of B.C., which initiated involuntary bankruptcy proceedings
against Mr. Braich. This Petition was aided, in part, by Herbishan
(Bobby) Singh Braich (one of Erwin’s younger brothers).
Earlier that same year, Erwin Singh Braich, a well respected and
internationally known industrialist and philanthropist, was voted -
Business Person of the Year - by the International Punjabi Chamber
of Commerce. Erwin Singh Braich business person of the year.
In the summer and fall of 1999, McLean/Walsh/Tercon peculiarly
“shopped” for any creditor to join them in their Petition. They
were unable to find anyone except for Bobby Braich, as mentioned
Between June and October 1999, the Petition was adjourned several
times. These adjournments took place without any knowledge of,
consultation with, or notice being given to 96% of the
During this period in 1999, Erwin Singh Braich hired Vancouver
lawyer, Gordon Elliott, an experienced bankruptcy and insolvency
practitioner. By contrast, Brian McLean admits (in court
transcripts) that he is not an ‘expert’ in this area of practice.
Gordon Elliott was paid in excess of $100,000 by Braich, during a
four month span in 1999.
After an agreement had been reached between Gordon Elliott and
Brian McLean, Elliott was sent to Europe (in his capacity as an
Officer of the Court) to assess the net value of the assets which
were owned by Mr. Braich overseas.
Elliott was voluntarily funded by Braich and sanctioned by the
Court and Mr. McLean. A list of assets was provided to Elliott with
instruction that he could continue going through the list, and
travel from country to country, until he was satisfied and could
report back to the Court that the net value of assets exceeded his
debts. In fact, prior to Elliott’s return from Europe, he was so
impressed, that Elliott asked Braich how he additionally could "get
in on the action".
Elliott reported to the Court about his findings - on October 1,
1999. Justice Duncan Shaw heard part of the case in the morning,
and quite surprisingly Justice Peter Lowry decided the matter in
the afternoon. It is still unclear why two judges heard the same
case in one day.
Elliott clearly told everyone that there were hundreds of millions
of dollars worth of net assets in Europe owned and controlled by
Braich, and that the amount he owed to his creditors was relatively
small. Elliott further confirmed to the Court that due to these
facts and inclusive of the net value of the assets beneficially
owned in North America by Braich, the amount that Braich owed to
his creditors was not at risk.
In fact, Elliott’s own partner, in his law firm, was preparing a
trust for one of Braich’s Canadian assets, which was worth millions
of dollars ('Sandy Hill' in Abbotsford).
Instead of these facts benefiting the majority of lawful creditors
and Braich, it appears Elliott's confirmation of the value of Mr.
Braich's assets only further motivated Walsh/McLean/Tercon to
continue to try and negotiate, but truly extort a better deal for
themselves. In the case of Bobby Braich, this information only
further fuelled his curiosity.
Shockingly, Justice Peter Lowry, after much hesitation, pronounced
an Order appointing KPMG as Receiver on October 1, 1999. Mr. Erwin
Singh Braich was present in the courtroom that day, and when he
tried to present overwhelming evidence on a viva voce basis, it was
challenged on a mere technicality by Brian McLean.
Mr. Braich and the vast majority of his creditors contend that
Brian McLean and his clients Glenn Walsh/Tercon Contractors and
Bobby Braich and his lawyer Shelley Fitzpatrick, had their own
personal motives to initiate and support these proceedings over the
course of ten years.
It is alleged that Walsh/Tercon/McLean, initiated the Petition to
extort a larger percentage from Braich of the approximately U.S.$28
million Account Receivable on the books of an oil refinery know as
‘Plama’ which is located in Bulgaria.
It is believed that Bobby Braich’s motive was more of an
inquisitive and vengeful nature. He was once was caught
misappropriating funds from Jackson Brother’s Logging (a company
which was wholly owned by the Braich brothers, and of which Erwin
When it was discovered that Bobby had been misappropriating funds,
Bobby signed a restitution agreement admitting his crime, and was
rehired by Erwin after family intervention.
It is believed that the humiliation of being caught stealing,
coupled with him being tired of living in the shadow of his older
brother, were the primary motives that he went from being a secured
creditor, to an unsecured creditor (secured creditors cannot assist
in a Petition the same way an unsecured creditors can, according to
the Bankruptcy and Insolvency Act in Canada).
It has been over a decade, since the Petition was initiated
resulting in the the Court appointing KPMG as Receiver of the
Estate of Erwin Singh Braich. In the years that have passed, not
one creditor, besides Glenn Walsh/Tercon have contributed any funds
to KPMG. Not even Bobby Braich. Strangely, the liquidation by KPMG
of the cash surrender values of life insurance policies belonging
to Erwin have surpassed the Walsh/Tercon contributions.
In fact Erwin Singh Braich offered KPMG in excess of $100,000, to
do a forensic audit on his affairs. This offer was made over the
telephone and in a four and a half hour face to face meeting, which
was tape recorded with KPMG's consent. The offer was refused by
Robert Rusko/KPMG. This tape is one of the items still missing from
the raid conducted on Braich's hotel room in Bellingham,
U.S. Complaint Braich V. KPMG_et_al..pdf
The alleged bankrupt (Mr. Braich), the only secured creditor (Clock
Holdings Ltd.), and many other creditors were not invited to the
improperly convened, first meeting of creditors, held in November
Due to this and a myriad of other reasons, approximately one year
later on September 12, 2000, Master Patterson ordered that KPMG
hold this meeting of creditors. KPMG has remained in breach of the
Court’s Order since it was pronounced.
http://www.justiceandtruthforall.com Hearing before Master
In over a decade not one cross-examination has taken place, on any
of the Affidavits that the court has relied upon to make all of its
rulings. This despite numerous requests by creditors and Mr.
Braich. In contrast, Mr. Braich has been ready, willing and able to
be cross-examined on all of his voluminous material as filed, but
KPMG has never made even one request to do so. In addition the
Office of the Superintendent of Bankruptcy has formally declined to
A copy of the file, which creditors are entitled to according to
the law, has not even been provided by KPMG, despite the numerous
requests that have been made (Bankruptcy and Insolvency Act R.S.C.
1985, c. B-3). All appointments and/or changes to the Inspectors in
this matter have been made in direct contravention of the
Bankruptcy and Insolvency Act.
Currently an application has been brought on by KPMG Inc., to be
discharged as Trustee despite never having even been affirmed by
the general body of creditors, pursuant to the Bankruptcy and
The hearing is scheduled for 10:00 am on July 15, 2009. KPMG's
request to withdraw is a welcomed move by the creditors and Mr.
Braich, as they have for years been requesting this very action as
KPMG refused to properly convene a first a meeting of creditors and
has not been acting in their best interests.
In desperation KPMG has also asked the court to give them, and any
others that are, or have been connected to the administration of
the bankruptcy, throughout the past decade, immunity from any of
the remedies available to Braich and his creditors.
In this day and age, it is truly shocking that KPMG would make such
a request, especially considering it is be done without a copy of
the file being provided to the creditors, and no cross-examination
has been allowed on any of the materials in the file (the file is
over three feet thick). This sounds like something that could only
happen in Guantanamo Bay, not Vancouver, British Columbia.
KiDDAA has learned that individual creditors have filed their own
Motions requesting, among other things, permission to view the
file, and to cross-examine Robert Rusko and others on their
Affidavits. These Motions are also scheduled to be heard on July
In one particular Motion, creditor Michael McCormack of Vancouver
B.C., has asked that Chief Justice Donald Brenner (the judge that
is seized of this file and is presiding on July 15, 2009), to
recuse himself due to the fact that he is going to be receiving a
subpoena from the United States and will be named as a defendant in
lawsuits based in Canada and/or the U.S.Vancouversun.com reports
Supreme Court Chief Justice Donald Brenner resigns.KiDDAA’s
investigative team will bring you the news as it unfolds.