COURT FILE AND PARTIES

COURT FILE NO.: CV-14-508355

DATE: 20140813

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: AMERICAN ENVIRONMENTAL CONTAINER CORP. et al., Plaintiffs

AND:

PAUL KENNEDY et al., Defendants

BEFORE: B. P. O’Marra J.

COUNSEL:
Avrum D. Slodovnick, for the Plaintiffs

Enzo Di Iorio, for the Defendant as Agent for Colby Lyons and Leisure GTA Ltd.

Darran Green, Paul Kennedy and Colby Adams, in person

HEARD: August 12, 2014

ENDORSEMENT

[1] Today’s appearance follows the attendance before Justice Pattillo on July 31, 2014. The parties have agreed to adjourn this proceeding subject to two issues that are in dispute. I am grateful that all parties made good efforts this morning to come to an agreement and equitable terms for the adjournment of this matter. Counsel and the other parties have presented a draft order that awaits the insertion of certain information that is not contentious such as the return date (which to be arranged through the Motions Office), account information for Leisure Pools GTA LTD., account information for Darran Green and Darran Thomas Green. The parties have agreed on a timetable that is set out in paragraph 9 of the draft order.

[2] The two issues that are not agreed for purposes of the adjournment are as follows.

[3] Clause 7 reads as follows:

“Paul Kennedy, Leanne Kennedy and Colby Lyons will be permitted to withdraw $500.00 per week in total (not each) for living expenses from the account of Leisure Pools GTA LTD., located at Bank of Montreal (with a particular address)”.

[4] Clause 8 in the Order of Justice Pattillo dated July 31, 2014 indicated that the defendants Paul Kennedy, Leanne Kennedy and Colby Lyons are permitted to withdraw $500 per week for living expenses.

[5] The issue before me, pending the return date, is whether this figure of $500 should be a total for the three persons indicated or $500 each. In the particular circumstances and having reviewed Justice Pattillo’s Order, in my view, the draft order as worded is appropriate pending further proceedings and the order will read that the three persons named will be permitted to withdraw $500 per week in total (not each) for living expenses.

[6] The other issue in terms of the adjournment was the inclusion of paragraph 8(iii) that reads as follows:

“The defendants Darran Green and Darran Thomas Green shall produce to the plaintiffs a monthly statement from each of the accounts listed in paragraph 8(ii) herein above, redacted if necessary for privilege”.

[7] In my view, that clause can be deleted at this time pending further proceedings. My order is that 8(iii) is to be deleted from the order.

[8] The parties have agreed that the costs of this appearance are to be reserved to the judge hearing the motion on its return date which will be set through the Civil Motions Office.

B. P. O’Marra J.

Date: August 13, 2014