Chapter 7: I Will Always Love You
“THE GARNISHEE’S”
By 2008, the case against Donald had already taken a heavy toll. Legal bills mounted, his health declined with a heart valve replacement in March of 2008, and Joyce, his wife of more than fifty years, had entered a long term care facility as dementia and Alzheimer’s slowly eroded her independence. She was no longer capable of managing her own affairs.
That should have been the point where the system stepped back, recognizing that any pursuit of damages would harm not only Donald but also an incapacitated elderly woman who had no involvement in the lawsuit. Instead, the Alberta Justice Department kept conspiring with the lawyers involved and moved in for the kill.
Bank accounts in Joyce’s name, the savings meant to cover her care, her comfort, and her dignity in her final years, were targeted for garnishment. She had never been a party to the legal action. She had not stood in court, signed an affidavit, or made a claim. Yet the machinery of Alberta’s justice system treated her life savings, personal comfort and care as collateral to defeat and annihilate husband.
The garnishment order swept through without compassion, without accommodation for her medical needs, and without apparent consideration of her vulnerability. The timing was particularly cruel. Dementia had left Joyce unable to advocate for herself, and Donald, already burdened by his own health struggles and the weight of defending himself, was now forced to fight for her as well.
It was the kind of maneuver that makes people wonder not just what the law allows, but who it serves. On paper, it was a legal enforcement of a judgment. In reality, it was the state extracting money from a sick, elderly woman who could not comprehend, let alone challenge, the process.
For the Broder family, this was more than another procedural blow. It was a moral outrage. The garnishment of Joyce’s funds became a symbol of everything they believed had gone wrong, a justice system that had abandoned fairness, humanity, and basic decency in its pursuit of procedural victory.
In the end, Joyce would never return home. She passed away on September 23, 2011, never knowing the outcome of the long legal battle. But the memory of what was taken from her, both in freedom and in financial security, remains one of the most bitter chapters in the Broder case.
Phyllis A. Smith was defence counsel for Alberta Court of Queen’s Bench lawsuit Donald Broder and Craig Broder v. Elizabeth MacInnis and five other lawyers for which was dismissed based on Alberta Rule of Court rule 129 frivolous, vexatious and abuse of process stating that she did not work for Donald Broder she only worked for the Personal Representatives George Broder and Doris Bibaud. The Broder family came back together once they all were shown how all the Justice and lawyer had defrauded them of the Broder Buck. The Statement of Claim was then Amended to add George Broder as a Plaintiff alongside his brother Donald Broder and that messed with MacInnis and Smith’s mind. Then Master Prowse dismissed the action anyway stating that we could not sue the lawyer that had won. Prowse was told that just because he repeated it over and over he might be convincing to himself but nobody would believe his BS.
“Above” May 5, 2011 ATB Financial Administration letter says, “a Garnishee Summons from The Court of Queen’s Bench in the amount of $50,452.43 and in the name of Donald Broder.”
“Below” December 1, 2005 The Alberta Court of Appeal transcript says, “[28] In the result, we vacate the Order for payment of a fine of $53,208.26 and direct that the appellant pay to the respondents (personal representatives of the estate), the sum of $28,500.00 in costs.”
Phyllis A. Smith being commemorated for being a respected member of Alberta legal community.
“Honored for a distinguished career for being a white-collar criminal“
