February 14th, 2017
The Court of Appeals Ruling is not in yet. We will report the Ruling when it is available. In the interim, a new article as below.
The Canadian Standards Association (CSA) made some moves this month.
Most notably, RJ Falconi, their General Counsel and the author of their five-year farcical war against us, has been “retired.” Gosh crikey, crikey gosh.
After long years of draining workload and straining travel expenses, Falconi has finally concluded his lifetime of dedicated public service. That’s retirement. That’s what it is, and that’s what CSA called it: “retired”.
Of course, a horse that can’t win races is “retired” to Purina.
But that’s not Falconi. No. Truly, he was a real performer, a master at his craft, uniting colleagues and industry in blissful harmony, fomenting departmental dynamism and teamwork, forging CSA into the well respected colossus of efficiency and integrity of today.
From the bumf; “RJ has made many contributions to the organization, including the development of world-class legal, anti-counterfeiting, and government relations departments”.
These remarkable achievements make for retirement, not “retirement.” Briefly then, let’s review the highlights.
In 2010, Falconi’s team posited in Court that CSA has no “duty of care” to the public. That’s legalese, it means that CSA has no responsibility to protect or safeguard the public. But protecting the public is supposed to be the whole point of CSA. Even CSA says so. “We are building a strong and sustainable organization that acts globally to prevent injuries and fatalities, [and] demonstrate care for people.” Thus spake their CEO in that same year. So, under Falconi CSA was saying one thing under oath, and the opposite in public.
Then, in 2012, Falconi’s “world-class legal” team launched a litigation against PS Knight Co, the owner of this blog, without the fuss and bother of actually researching PS Knight Co. The CSA’s Sarah Eisen, Falconi’s delegated point person on the litigation, found out several months after litigation started that CSA had fully authorized PS Knight to do what they were suing us for having done. Their authorization to PS Knight was in their legal files, they had several copies actually, it’s just that Falconi’s team didn’t bother to check their files first.
Under Falconi’s care, their litigation also claimed that the Canadian Electrical Code, as passed into law throughout Canada, isn’t a law at all. It’s not a law apparently, it’s just a suggestion. After receiving ridicule in Federal Court last year, the CSA entirely abandoned the argument in their legal filings.
Then they claimed that the rule of law is privately owned. And they used public legal statutes to try to prove that public legal statutes don’t exist.
Then there’s what one soul called the in-house counsel vs. the out-house counsel. Lurching from one misstep to another, the CSA’s ever-growing outside legal team keeps putting their foot in it. We do look forward to regaling on their peculiar and remarkable performance at the Court of Appeals last month. The CSA’s outside counsel is Gowlings WLG. We’re familiar with the Gowlings gongshow. And Falconi’s been fine with it throughout.
Then we have the multitude and various scandals that were commenced, and then uncovered, on his watch. Most of these remain liabilities, and quite large ones, to CSA and it’s personnel in several jurisdictions.
One could go on at length, and entertainingly, but it suffices that we’re not quite as gushing with our praise for his performance. In our view, none of the above accomplishments are “world-class” in any reasonable application of the term. But CSA may be expected to glow in their praise of their former executive. They sort-of have to, they can hardly damn the man while expecting him to hold his tongue.
So, was Falconi “retired” to Purina?
Well, we’ve been awfully effective in outing the CSA’s various liabilities since we started in 2013. Each liability is a legal liability, so that each outing was harming Falconi, undermining his credibility with CSA’s Board.
In recent days, we were running a series of articles specifically on Falconi himself.
Starting in mid-October, we ran a piece on what insiders thought of Falconi’s conduct and capabilities. The article featured a large number of quotes from CSA employees. That fact was worrying elsewhere in CSA leadership.
Then, on Oct 30, we announced the Law Society filing against Falconi, essentially an application to strip him of his designation as a lawyer.
Immediately thereafter, on Nov 7th, we announced a third-party Law Society filing against Falconi, asking the Society to formally investigate his conduct.
On Jan 9th, we announced the CSA’s multiple motions to bankrupt us at the Court of Appeals, arguably a bit of an absurdity in Court. Indeed, a fairly transparent abuse of legal process.
On Jan 22nd, we reported on allegations of CSA’s trouble with authorities on conflict of interest in certifications, the bread-and-butter of CSA revenue and their biggest liability and, alas, Falconi’s latest headache.
Get the idea? Of the last seven articles, five of them hammered on Falconi’s failings.
We can’t prove that Falconi was forced out, not yet anyway. We’ll wait for word from CSA insiders for confirmation.
What we do know is that Falconi flubbed it for five years on this file and made a monstrous mess for his successor. We know that he was loathed by all but a dwindling handful of loyalists. We know that he cost CSA well over a million dollars in wholly unnecessary legal costs, exposed the embarrassments and vulnerabilities previously kept buried for years on end, and backed his employer into corners on a dozen or more legal issues, and all pointlessly, without benefit or necessity.
We know from insiders that his own “legal team tried to oust him permanently” and that employees thought that “getting him ousted […] would be amazing and many people would cheer.”
It’s a good day at RestoreCSA.