Ashley Ferguson

The moving party, a self-represented appellant, sought permission to obtain a transcription of a digital recording of a security for costs hearing to support his review motion.

The responding parties objected to the delay a transcription would cause but agreed to the provision of the digital recording if the review motion was expedited.

The motion judge ordered that the parties be provided with a copy of the digital recording at no cost, subject to an undertaking, and directed an expedited written hearing for the review motion.

The plaintiffs brought a motion for default judgment against the defendants, alleging a prolonged fraud involving approximately $27 million intended for cannabis production facilities in Uruguay.

The corporate defendant, A.D. Group, failed to defend the action.

The court found that the deemed admissions established civil fraud, breach of fiduciary duty, conversion, and unjust enrichment.

Default judgment was granted against A.D. Group for US $11,812,487 and CAD $500,000, and a Mareva injunction was extended.

The plaintiffs brought a motion for production orders and examination of the defendants in aid of an existing Mareva injunction and Anton Piller order.

The only contentious issue was a request to order a non-party exchange to provide information regarding the defendants' assets.

The court granted the order, finding it necessary in aid of execution of the Mareva injunction, and rejected the defendants' argument that the request was an improper attempt to gather evidence for a contempt motion.

In an action for fraud and breach of contract arising from a relationship between the plaintiff and a former escort, the parties brought motions to resolve various discovery disputes.

The court ordered the plaintiff to produce notes used as an aide memoire during his examination for discovery.

The court also ordered the plaintiff to disclose documents relating to his separation agreement, finding that he had waived solicitor-client privilege by putting his state of mind regarding the transfer of funds in issue.

The defendant's request to examine the plaintiff's wife as a non-party witness was dismissed as unnecessary for the pending motion.

The plaintiff previously obtained a Mareva Order preserving up to $327,000 from the sale of the responding defendant's property.

On the return of the motion, the responding defendant's materials were not filed in time.

The plaintiff sought an adjournment to file reply materials and conduct cross-examinations.

On consent, the court extended the Mareva Order pending a full hearing, released $70,000 to the responding defendant for living expenses and legal fees, and set a timetable for the remaining steps in the action.

The plaintiffs brought a motion to have the defendant found in contempt of court for failing to comply with multiple court orders, including orders to provide an accounting and attend judgment debtor examinations.

The defendant admitted to eight counts of civil contempt, including egregiously lying to the court about his father's death to avoid a court appearance.

The court found the defendant in contempt beyond a reasonable doubt and sentenced him to a 76-day intermittent custodial sentence, emphasizing the need for specific and general deterrence and denunciation.

The defendant was also ordered to pay $50,000 in costs.