Loan or gift? 93-year-old man says now-former RCMP officer won't repay the $100K he gave him
In court filings, then-Mountie says money was never meant to be repaid
Charles Samms, 93, filed a statement of claim at Newfoundland and Labrador Supreme Court against his neighbour on Nov. 4, 2022 — two years to the day after writing Lush the cheque.
Lush, meanwhile, is asking the court to dismiss the case and says he is innocent of any wrongdoing.
But the conflict between the two neighbours sparked two separate investigations into Lush's conduct — one criminal, one internal.
The criminal investigation found there was insufficient evidence to support criminal charges, the RCMP said in an emailed statement to CBC News.
The force said its professional responsibility unit then did a full internal investigation into alleged contraventions of the RCMP's code of conduct.
The RCMP said Lush is no longer employed by the force, having resigned last month before that process concluded.
In an email to CBC News, Lush's lawyer said his client took a medical retirement unrelated to the matter involving Samms.
'I'm so upset about it'
During an interview at his Deer Lake home on Monday, Samms said the incident has taken a toll.
"I'm so upset about it," he said. "I'm awake, night after night."
Samms said he and his wife Camille first met Lush and his family when the Sammses moved next door in 2018. The elderly couple wanted to spend their waning time together in Samms's hometown after years of living in Ontario, where he worked as a truck driver.
Samms said he was immediately impressed with his neighbour's kindness after a snowstorm struck the town on Newfoundland's west coast.
"[Lush] came over and [did] the driveway. I went out and met him. Thanked him. I said, 'How much do I owe you?' He said, 'You don't owe me anything. You're a neighbour, I just wanted to help you out,'" said Samms.
He said their friendship grew from there.
According to Samms, Lush approached him in 2020 about financial troubles, saying he was struggling to pay his mortgage and feared he would lose his house.
Samms said Lush did not ask for a loan — Samms offered one.
"I said, 'I'll help you out.' He said, 'You don't have to.' I should never have given him the $100,000," said Samms.
"I never, ever said it was a gift. Who would be crazy enough to give away $100,000 as a gift?"
'Gift ... in appreciation of his friendship and assistance'
But Lush tells a different story.
In court documents, Lush said it was Samms who approached him, "stating his firm intention to provide the defendant with a gift of $100,000 in appreciation of his friendship and assistance."
According to court filings, Lush said he initially refused to accept the money.
"But the plaintiff persisted and eventually persuaded the defendant to accept the unconditional gift," wrote Mark Mills, Lush's lawyer, in a statement of defence filed this January.
Const. Jason Lush worked for the RCMP at the Deer Lake detachment. (Troy Turner/CBC)
Lush alleges that Samms became upset with him the year after the money changed hands, because Lush sustained a significant injury that prevented him from helping Samms around the house. That's when, Lush alleges, Samms began asking for the money back.
Samms told CBC News he disagrees about the intention of asking for repayment.
"I phoned him up and asked him, 'When are you going to start paying back some of the money you owe me?' [Lush] said, 'I can't afford to pay you anything,' and he hung up."
Lush's statement of defence says the money was never meant to be repaid, and the funds have been spent.
Through his lawyer, Lush declined an interview.
However, in a statement, Mills said Lush is eager for the matter to proceed through civil court.
"Mr. Samms' statement that he is owed an unpaid debt by Mr. Lush is false and defamatory," wrote Mills in an email Wednesday.
"Beyond the filing of initial pleadings, Mr. Samms has made no attempt to advance this matter through the courts in earnest, which is indicative of the complete lack of merit his case has. Mr. Lush is a respected and upstanding member of his community and is innocent of any wrongdoing."
None of the claims from either side have been tested in court.
Samms and his wife moved to Deer Lake from Ontario in 2018. (Troy Turner/CBC)
Samms said his wife was upset with him for handing over the money and told her husband that they should have had a written agreement.
"I said, 'We can trust him.' That's why I didn't get him to sign anything because he was such a nice guy and friendly. He's going to church all the time, I figured he'd pay me back but he didn't," said Samms, adding he trusted him even more because he was a police officer.
"I wanted to help him out, I didn't give him the bloody money."
Camille Samms died in June 2022.
Samms and Lush remain neighbours; their properties are connected by a grassy lawn.
RCMP addresses situation
In answers to questions from CBC News, the RCMP said its conflict of interest policy includes rules addressing the acceptance of gifts or loans.
"All employees are expected to uphold the highest ethical standards and must maintain public confidence in the objectivity of the RCMP by preventing and avoiding actual, apparent, or potential conflicts of interest," wrote RCMP spokesperson Cpl. Jolene Garland.
While the RCMP said it did complete an internal investigation, a decision was not made before Lush resigned. The force did not elaborate on the findings of that investigation, and did not specify whether Lush would have been disciplined if he had not left his position.
Assistant Commissioner Jennifer Ebert is the commanding officer of the RCMP in Newfoundland and Labrador. (Terry Roberts/CBC)
Assistant Commissioner Jennifer Ebert — the commanding officer for the RCMP in Newfoundland and Labrador — said police officers are held to a high standard.
She stressed in a statement that the "vast majority of our employees perform their work in a manner that reflects our core values — to act with integrity, show respect, demonstrate compassion, take responsibility and serve with excellence."
Ebert noted, "RCMP employees are expected to conduct themselves in a manner that meets the highest ethical standards of our organization and the rightfully high expectations of citizens."
She added, "When those standards are not met, employees are dealt with through stringent processes in place to address the issues and to help ensure public confidence."
In an email to CBC News, Lush's lawyer said the RCMP could have pursued internal investigation of the matter even after Lush retired but declined to do so.
ABOUT THE AUTHOR
nobody finds out what happens about a complaint over an officer and their behaviour.
police deal in secrecy and closed cases.
no transparency to the public for their actions.
unless it's a big case that makes it to print.
where you can't hide.
like dealing with a religious organization.
move people around and give no answers.
rcmp sussex nb david amos
In an email to CBC News, Lush's lawyer said his client took a medical retirement unrelated to the matter involving Samms." Seems fishy to me.
Gee, ya think?
CBC News · Posted: May 21, 2009 5:40 PM ADT | Last Updated: May 21, 2009
The policy that allowed former prime minister Brian Mulroney to pay taxes on only half of the $225,000 he said he received from German-Canadian businessman Karlheinz Schreiber was a standard practice at the time, a federal inquiry heard Thursday.
But Christiane Sauvé, of the Canada Revenue Agency, told the Oliphant inquiry in Ottawa that the "50 per cent policy" of the voluntary disclosure program has since been changed.
Sauvé said that the voluntary disclosure program allows individuals to pay outstanding taxes and avoid penalties. The benefit to the agency is that it reduces administration costs and allows the agency to get back monies it may not have been able to retrieve.
In order to be eligible, disclosure has to be voluntary, verifiable and the taxes have to be paid, Sauvé said. She added that the taxpayer could not currently be under criminal investigation by the tax office or the RCMP.
She stressed in a statement that the "vast majority of our employees perform their work in a manner that reflects our core values — to act with integrity, show respect, demonstrate compassion, take responsibility and serve with excellence."
Ebert noted, "RCMP employees are expected to conduct themselves in a manner that meets the highest ethical standards of our organization and the rightfully high expectations of citizens."
She added, "When those standards are not met, employees are dealt with through stringent processes in place to address the issues and to help ensure public confidence."
YEA RIGHT