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Loan or gift? 93-year-old man says now-former RCMP officer won't repay the $100K he gave him

Loan or gift? 93-year-old man says now-former RCMP officer won't repay the $100K he gave him

CBC
Thursday, May 11, 2023 04:35:41 PM UTC

An elderly man in Deer Lake, N.L., says he wants the $100,000 he loaned his RCMP officer neighbour back. But now-former Const. Jason Lush says it was no loan — it was a gift, and the money has been spent. 

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.

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.

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