Court File and Parties
COURT FILE NO.: 11-CV-436360CP
DATE: August 23, 2012
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Jerzy Robert Zaniewicz and Edward Clarke
Plaintiffs
- and -
Zungui Haixi Corporation, Ernst & Young LLP, Fengy Cai, Jixu Cai, Yanda Cai, Michelle Gobin, Michael W. Manley, Patrick A. Ryan, Elliott Wahle, Margaret Cornish, CIBC World Markets Inc., Canaccord Genuity Corp. (f.k.a. Canaccord Financial Ltd.), GMP Securities LP and Mackie Research Capital Corporation (f.k.a. Research Capital Corporation)
Defendants
COUNSEL:
• Douglas Worndl for the Plaintiffs
• Deborah Berlach for the moving parties
• Michael Eizenga for Michael W. Manley
HEARING DATE: August 23, 2012
PERELL, J.
Endorsement
The defendant Zungui Haixi Corporation is sued for alleged misconduct in the primary and secondary market in securities. This is a proposed class action, and leave will be sought to assert a claim under Part XXIII.1 of the Securities Act, R.S.O. 1990, c. S.5. To date, Zungui has been non-responsive to the various proceedings and proposed proceedings. The insurer of the officers and directors of Zungui are Great American Insurance Company and RSA Insurance Company, successor to GCAN, and the insurers bring a motion on behalf of Zungui for the appointment of a receiver for the purposes of defending the claims so far not being defended by the inert corporation. The plaintiffs and the other defendants do not oppose the appointment. In my opinion, it is fair, just, and necessary to appoint a receiver. Mathew Gottlieb has consented to act in this capacity. Accordingly, the order should go as asked. I have signed the order. Service of this motion and the order on Fengui, Jixu, and Yanda Cai is dispensed with.
Perell, J.
Released: August 23, 2012
COURT FILE NO.: 11-CV-436360CP
DATE: March 23, 2012
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
Jerzy Robert Zaniewicz and Edward Clarke
Plaintiffs
‑ and ‑
Zungui Haixi Corporation, Ernst & Young LLP, Fengy Cai, Jixu Cai, Yanda Cai, Michelle Gobin, Michael W. Manley, Patrick A. Ryan, Elliott Wahle, Margaret Cornish, CIBC World Markets Inc., Canaccord Genuity Corp. (f.k.a. Canaccord Financial Ltd.), GMP Securities LP and Mackie Research Capital Corporation (f.k.a. Research Capital Corporation)
Defendants
ENDORSEMENT
Perell, J.
Released: August 23, 2012.