ONTARIO

SUPERIOR COURT OF JUSTICE

COURT FILE NO. 06-CV-315750
DATE: 2012-08-15

BETWEEN: Stephanie Marie Henricks-Hunter, by her litigation guardian, the Office of the Public Guardian and Trustee, Britney Starr Henricks, by her litigation guardian, Michael Alberts Henricks, Arianna Monique Hunter, a minor by her litigation guardian, Atley Hunter, Michael Albert Henricks, Cecilia Delprima Henricks and Michael Edward Henricks (Plaintiffs)

AND : 814888 Ontario Inc., carrying on business as Phoenix Concert Theatre and Sherbourne Community Clinic Inc. (Defendants)

BEFORE: J.C. WILKINS J.

COUNSEL:
Ms. Laurie Redden for the Public Guardian & Trustee
Mr. J. Gardner Hodder for Howie Sacks & Henry

ENDORSEMENT

[1] This matter becomes more curious every day.

[2] After the solicitors wrote directly to me by their counsel, J. Gardner Hodder, telling me I was biased and lecturing on the law and test for bias, I recused myself to benefit the true Plaintiff.

[3] Now the solicitors again write directly to me, enclosing a Second Amended form of Judgment for me to proofread and vary the Trusteeship in Missouri and attaching a new annuity with all amounts the same as prior to the Court of Appeal sending the matter back to the motions judge.

[4] This form of Judgment is silent on the monies in issue on the solicitors' motion and on the collection of funds from the annuity to date.

[5] The variation in the Special Needs Trust provisions of the original Judgment have been made necessary by reason of the Mercantile Bank of Quincy Illinois Trust Department moving to First Bankers Trust who have declined to act as trustee for Ms. Henricks-Hunter.

[6] In the course of all this, $30,000.00 was paid to Central Trust and Investment Company and the first of the half-yearly payments under the old annuity has been paid to the Mercantile Bank of Quincy Illinois, which funds were returned to Prudential Insurance Company of America and now should go to the new trustee after it has been appointed.

[7] Having been told by solicitor J. Gardner Hodder to recuse myself or else… and having recused myself, I am only a bystander to these proceedings.

[8] Before I can do anything further on this matter, I am of the view I need the consent in writing from the parties, the solicitors and the PG&T, with specific directions as to what I am being asked to do and why.

[9] Another Judge will have taken over this matter or should take it over as the parties, through their solicitors, have expressed a lack of faith in my ability to deal with the matter fairly. The issues of the solicitors' fees and the amount funding the annuity and money to the trustee are all dependent upon the motion currently outstanding. That Judge should deal with the final Judgment distributing the funds and providing any variation in payment as well as distribution of monies held in trust by the solicitors, changes in the Trust Agreement and appointment of a Trustee satisfactory to that Judge.

[10] There is nothing in the material sent to me to show that the proposed new Trustee is appropriate and properly investigated by the PG&T.

[11] These are important and complex matters, not just clerical changes, and should be dealt with in a careful and prudent fashion.

[12] In my view, the money now not capable of being sent to a Trustee approved by the PG&T should be paid into court and subject to directions from the next Judge in the absence of proper consents.

J.C. WILKINS J.

Released: