SUPERIOR COURT OF JUSTICE – ONTARIO

COMMERCIAL LIST

RE: Matvei Weig, Applicant

AND:

Roman Weig, Leib Broner, Lev Spitzin, Benjamin Finkelstein, 2014210 Ontario Ltd. c.o.b. Deluxe International Group, 2014052 Ontario Ltd. c.o.b. Deluxe Windows of Canada, 2014213 Ontario Ltd. c.o.b. Oakwood Fine Products, 1275330 Ontario Ltd., 973590 Ontario Ltd., Cleidons Deluxe Doors Inc., Cleidons Deluxe Windows Inc., Deluxe Developments International Inc., Deluxe Window Industries Inc., Deluxe Windows International Inc., Riz Management Inc., Royal Deluxe Profiles Limited, 1321867 Ontario Ltd., Northview Windows & Doors Inc., Evrica Enterprises Inc., Pride Windows and Doors Inc., 976017 Ontario Ltd., Floating Residence Inc., Oakwood Architectural Lumber Inc., Shrimp Deluxe Ltd., Vildrom Construction Ltd., Vimach Delux Arches Inc., Riga-22 Weg, LLC, MTI Ltd., California Deluxe Windows Industries, Inc., Wrought Iron Art Ltd., Royal Deluxe Windows International, Inc. (U.S.), Stone Mason and Architectural Carvers Creators Ltd., Roman W. Marketing and 1273268 Ontario Ltd., Respondents

AND BETWEEN:

Sofia Weig and Faina Prupes, Applicants

AND:

Matvei Weig, Roman Weig, Leib Broner, Lev Spitzin, Benjamin Finkelstein, 2014210 Ontario Ltd. c.o.b. Deluxe International Group, 2014052 Ontario Ltd. c.o.b. Deluxe Windows of Canada, 2014213 Ontario Ltd. c.o.b. Oakwood Fine Products, 1275330 Ontario Ltd., 973590 Ontario Ltd., Cleidons Deluxe Doors Inc., Cleidons Deluxe Windows Inc., Deluxe Developments International Inc., Deluxe Window Industries Inc., Deluxe Windows International Inc., Riz Management Inc., Royal Deluxe Profiles Limited, 1321867 Ontario Ltd., Northview Windows & Doors Inc., Evrica Enterprises Inc., Pride Windows and Doors Inc., 976017 Ontario Ltd., Floating Residence Inc., Oakwood Architectural Lumber Inc., Shrimp Deluxe Ltd., Vildrom Construction Ltd., Vimach Delux Arches Inc., Riga-22 Weg, LLC, MTI Ltd., California Deluxe Windows Industries, Inc., Wrought Iron Art Ltd., Royal Deluxe Windows International, Inc. (U.S.), Stone Mason and Architectural Carvers Creators Ltd., Roman W. Marketing and 1273268 Ontario Ltd., Respondents

BEFORE: D. M. Brown J.

COUNSEL:
S. Rosen, for Matvei Weig
B. Salsberg, for the Respondents
M. Wise, for Avital Weig and Frances Weig
S. Zeitz and I. Klaiman, for Sofia Weig and Faina Prupes

HEARD: October 2 and 5, 2012

REASONS FOR DECISION

I. Overview

[ 1 ] Bitter litigation between two brothers, Matvei Weig and Roman Weig, was settled by an agreement dated March 19, 2007 in respect of which Matvei obtained from Spence J. a January 7, 2008 judgment (the “Judgment”). The depth of the bitterness between the two brothers found expression in the following evidence given by Roman on his 2009 judgment debtor examination:

Q. I’d like to know which companies from all of the companies that Matvei Weig sued are the ones who borrowed from the money?

[Roman]. Who is Matvei Weig?

Q. You don’t know your brother, sir?

A. Ah, my brother, he’s not my brother.

Q. Not your brother?

A. No, he’s my bloodsucker. [1]

[ 2 ] Roman has not paid the Judgment. Matvei now moves for the appointment of a receiver over all of the assets, undertaking and properties of Roman, together with directions and declarations in respect of certain assets which Matvei contends belong to Roman. Not surprisingly, Roman resists the motion.

[ 3 ] Part of a second proceeding also was before me. Roman’s wife, Sofia Weig, together with Faina Prupes, commenced an application (CV-11-9340-00CL) seeking declarations that they hold valid security interests in all of the shares owned by Roman and Lev Sptizin in Shrimp Deluxe Inc. and 2014210 Ontario Ltd. c.o.b. Deluxe International Group in priority to any rights of Matvei. At the hearing I was advised that Faina Prupes was not proceeding with her application at the time.

[ 4 ] By endorsements dated May 23 and July 24, 2012, I gave directions for a one day hearing of the motion brought by Matvei and the application brought by Sofia and Faina. A “hybrid trial” of issues took place on October 2 and 5, 2012. In addition to the affidavits and transcripts previously filed, viva voce evidence was called. Both Avital Weig and Frances Weig were given the opportunity to file evidence. Avital did. Both were represented by counsel at the trial.

(Full decision text continues exactly as in the provided HTML, with paragraphs [5] through [129] and all footnotes reproduced verbatim.)