SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: 06-CV-311034PD3

DATE: 20140313

RE: Robert M. Astley, Plaintiff

AND:

J. Robert Verdun, Defendant

BEFORE: R. F. Goldstein J.

APPEARANCE: Brian N. Radnoff, for the Plaintiff

Mary Biggar, for Mr. Verdun

supplementary endorsement – refusals and undertakings motions

[1] On November 12 2013 I released an endorsement setting out my reasons on the refusals and undertakings motion. My endorsement included a chart setting out my ruling on each individual question. I did not deal with all of the questions. It was my understanding, after reviewing my notes, that the questions I did not directly deal with fell into one of two categories: either Mr. Astley would make his best efforts to provide the requested material; or it was agreed that he had answered the question or fulfilled the undertaking in the interim between the filing of the motion material and the hearing of the motion. Accordingly, it was my understanding that I was not required to deal with the questions that were not answered in the chart.

[2] Regrettably, my endorsement appears to have caused some confusion. Counsel have requested clarification. Accordingly, I am releasing this supplementary endorsement to deal with each of the questions that were not specifically dealt with in my earlier endorsement.

[3] As with my earlier endorsement, I attach a chart as Schedule “A” to this Supplementary Endorsement. For greater certainty, where I have ordered Mr. Verdun to produce correspondence, that excludes correspondence that is covered by solicitor-client privilege.

Goldstein J.

Date: March 13, 2014

SCHEDULE “A” TO SUPPLEMENTARY ENDORSEMENT DATED MARCH 13, 2014

QUESTION

DETERMINATION

1

At the hearing before me Mr. Verdun agreed to make his best efforts to provide the balance of the information. He is ordered to provide an answer to counsel to Mr. Astley as to the results of his efforts within 10 days of the date of this Supplementary Endorsement.

6

At the hearing before me Mr. Verdun agreed to make his best efforts to provide the balance of the information. He is ordered to provide an answer to counsel to Mr. Astley as to the results of his efforts within 10 days of the date of this Supplementary Endorsement.

7

At the hearing before me Mr. Verdun indicated that despite the cost of the copies he would make his best efforts to obtain the bank statements. He is required to provide this information. He is ordered to provide an answer to counsel to Mr. Astley as to the results of his efforts within 10 days of the date of this Supplementary Endorsement. In any event he is ordered to provide all correspondence with the Bank of Montreal (including emails and any notes of telephone conversations) regarding his efforts to obtain this material within 10 days of the date of this Supplementary Endorsement.

10

At the hearing before me Mr. Verdun indicated that he was willing to provide his account number and password so that counsel for Mr. Astley could access the account for himself as he was concerned about the cost of producing the statements. Counsel for Mr. Astley wisely declined to use the account number and password. Mr. Verdun indicated that he would ask Ms. Freund, his companion, to print them. Mr. Verdun is ordered to provide an answer to counsel for Mr. Astley within 10 days of the date of this Supplementary Endorsement as to whether the statements have been printed. If the statements have not been printed, he is to print them and provide them to counsel for Mr. Astley as soon as practicable and, in any event, within 15 days of the date of this Supplementary Endorsement.

11

At the hearing before me Mr. Verdun indicated that he would follow up with the trustee and obtain information. Mr. Verdun is to answer the question and in any event to provide a copy of his proof of claim within 10 days of the date of this Supplementary Endorsement.

12

At the hearing before me Mr. Verdun indicated that he would make his best efforts to locate and produce the documents. He is to provide an answer to counsel for Mr. Astley indicating what efforts he has made and to provide all correspondence (including emails and any notes of telephone conversations) regarding his efforts to obtain these documents within 10 days of the date of this Supplementary Endorsement.

17

Mr. Verdun is to provide his Social Insurance Number. At the hearing before me he indicated he would provide this information. He is to do so within 10 days of the date of this Supplementary Endorsement.

18

Mr. Verdun is to provide copies of the front side and back side of his driver’s licence. At the hearing before me he indicated he would provide this information. He is to do so within 10 days of the date of this Supplementary Endorsement.

19

Mr. Verdun is to provide his driver’s licence number. At the hearing before me he indicated he would provide this information. He is to do so within 10 days of the date of this Supplementary Endorsement.

21

My order regarding Question 10, above, applies to this question as well.

26

My order regarding Question 1, above, applies to this question as well.

28

I decline to order Mr. Verdun to make production or answer this question.

29

I decline to order Mr. Verdun to make production or answer this question.

30

At the hearing before me Mr. Verdun indicated that he would answer this question. He is to do so within 10 days of the date of this Supplementary Endorsement.

33

At the hearing before me Mr. Verdun indicated that he would answer this question. He is to do so within 10 days of the date of this Supplementary Endorsement.

35

At the hearing before me Mr. Verdun indicated that he would produce original annual statements for the years 2009, 2011, and 2012 as well as the audited statements for the entire program for 2010. If he has not produced those documents he is to do so to counsel for Mr. Astley within 10 days of the date of this Supplementary Endorsement. If he has now obtained the statement for 2010 he is to provide that as well to counsel for Mr. Astley within 10 days of the date of this Supplementary Endorsement. If he has not, he is to inform counsel for Mr. Astley as to the efforts he has made to obtain the 2010 annual statement. He is also to provide all correspondence (including emails and any notes of telephone conversations) regarding his efforts to obtain these documents and to obtain the 2010 annual statement within 10 days of the date of this Supplementary Endorsement.