Samir (Sam) Gebrael

The defendants brought a motion under Rule 39.03 of the Rules of Civil Procedure seeking to compel the plaintiff to produce its Chief Executive Officer as a necessary witness for an interlocutory motion hearing.

The underlying motion concerns an order for inspection of a laptop under Rule 32.01.

The court dismissed the defendants' motion, finding that the evidence sought from the CEO was not relevant to the narrow issues to be determined on the Rule 32.01 motion and that allowing the examination would constitute an improper use of Rule 39.03 as a substitute for discovery and a means to litigate the underlying claim prematurely.

The court found that Empire Steel Inc. breached its sublease with AZZ Galvanizing Canada Limited by overcharging for hydro, contrary to the contractual requirement to pass on only the actual cost of utilities.

Empire’s attempt to justify the overcharges by reference to alternative agreements and a retroactive TMI reconciliation was rejected as lacking credibility and good faith.

The court awarded AZZ $418,876 for hydro overcharges, subject to a $20,000 set-off for outdoor storage, and dismissed all other counterclaims and crossclaims.

The plaintiff, an elderly woman, brought a motion to extend an interim and interlocutory Mareva Injunction against multiple defendants, alleging over $1 million in payments for uncompleted home renovation work constituted fraud.

The Mareva Injunction had been previously ordered and extended, and a Norwich Order was made against TD Bank.

Defendant Rahimi cross-moved to lift the injunction, claiming a payment was for a Rolex sale, but his explanation was deemed unsatisfactory and his compliance with disclosure incomplete.

Defendant Alradhi sought access to funds for living and legal expenses.

The court dismissed Rahimi's motion to lift the injunction but allowed him $10,000 for preauthorized expenses.

Alradhi's request for $15,000 for expenses was granted.

The Mareva Injunction was continued against all defendants, and TD Bank was ordered to immediately comply with the Norwich Order.