SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: FS-11-371125
DATE: 20130716
RE: Sania Muneeb Ahmed, Applicant
AND:
Muneeb Ahmed Ghuman, Respondent
AND:
Envision Mobile Limited, Third Party
BEFORE: Czutrin J.
COUNSEL:
James S. Marks, for the Applicant
Respondent – In Person
W. Eric Kay, for the Non-Party Vizio Mobile Inc. /Envision Mobile Limited (not appearing)
HEARD: July 12, 2013
ENDORSEMENT
[1] The motion heard by me July 12, 2013 was initiated by the Respondent at or about the same time as the issues of disclosure from Vizio Mobile Inc. /Envision Mobile Limited was pending before me.
[2] I released my ruling on the disclosure issue on June 21, 2013.
[3] While the formal order arising from my disclosure ruling has yet to be issued, I see no reason why the Respondent or others having responsibility at the named companies cannot start to assemble the documents requested by Mr. Figov, the Applicant’s retained expert. This case has been bogged down in disclosure. The time started for compliance upon my endorsement being released.
[4] I have repeatedly and, once more, confirm that the major issues in this case are financial and tied to the Respondent’s income and value of his assets at the date of separation. Determining these issues is critical in determining either a fair and reasonable resolution or for trial if a settlement cannot be achieved.
[5] It is not my intention to once again review and repeat the previous endorsements.
[6] If the disclosure was completed, and if the Applicant’s expert was in a position to provide a report addressing the Respondent’s assets and income, this case may be concluded.
[7] The Respondent, until the appearance on this motion, refused (he should not have) to disclose where he transferred and into whose bank account he transferred $50,000 he received November 2011. He now stated, and will now be required to prove that the account is his parents, and that he gave them these funds to repay a debt. Unless I missed it, I do not see that amount of loan owed to his parents at the time of separation.
[8] On the issues that were before me:
a. The Respondent is to forthwith pay the $15,000 I ordered in my endorsement of June 21, 2013. I am satisfied that he has the resources to satisfy this payment.
b. The Applicant shall request from the TD Bank a copy of the signature registry of the Applicant’s father safety deposit box or any safety deposit box that she had authority, or to access for the period of one year prior to separation to when the authority ended, or the safety deposit box was no longer available. A copy of the request for the signature registry and response received shall be provided to the Respondent within 15 days of request and forthwith upon reply.
c. Suite 2508, 210 Victoria Street, Toronto, may be sold on the following conditions:
The Applicant shall be entitled to have a real estate agent of her choosing attend at the apartment on a date agreed to by the Respondent and her counsel to inspect the property and provide an opinion to the Applicant, to be shared with the Respondent, as to the listing and rate for a reasonable selling price for the suite.
The court (if I am available or another judge if I am not) may set any terms and conditions of sale (if not otherwise agreed to) including:
a. Listing agent or agents;
b. Listing price;
c. Approval of any offers where there is dispute;
d. What law firm will have carriage of the sale?
The Respondent is to keep current all expenses on the suite.
Upon the sale of the suite, the net proceeds will not be distributed and will be held either in an agreed upon trust account of a lawyer, or paid into court unless a court approved agreement otherwise.
[9] The next time the parties should need to return before me or any judge should be in the event of failure to comply with any of my orders, any issues related to the sale of the Victoria Street property, when the report of Mr. Figov is completed, so that we might then schedule a settlement conference. The issues of advance of fees and disbursements are still subject to my June 21, 2013 endorsement.
[10] Costs arising from this motion to be by exchange of written submissions by August 9, 2013 to be to the court office to my attention.
Czutrin J.
Released: July 16, 2013