The plaintiff, Maria Struik, sought enforcement relief by way of a motion to appoint herself as receiver over the assets of Dixie Lee Ontario Ltd. (DLOL) and to prohibit the transfer or encumbrance of DLOL's assets.
The defendants, DLOL and Noele Murano, did not object to the asset prohibition but opposed the plaintiff's appointment as receiver, arguing that ordinary execution remedies were sufficient and that the plaintiff might be prejudiced by the appointment due to past allegations.
The court, exercising its discretion under section 101 of the Courts of Justice Act and rule 60.02 of the Rules of Civil Procedure, found it just and convenient to appoint the plaintiff as receiver, citing her extensive experience with Dixie Lee Chicken operations, the complexity of the assets, the additional expense of a private receiver, and a history of non-compliance and misleading information from the defendants.
The court granted the order as sought by the plaintiff.
