Court File and Parties
COURT FILE NO.: CV-13-58192
DATE: 2014/09/12
SUPERIOR COURT OF JUSTICE – ONTARIO
IN THE MATTER OF AN APPLICATION PURSUANT TO THE BANKRUPTCY
AND INSOLVENCY ACT, R.S.C. 1985, c. B-3 AS AMENDED
AND IN THE MATTER OF AN APPLICATION PURSUANT TO SECTION 101
OF THE COURTS OF JUSTICE ACT, R.S.O. 1990, c. C.43, AS AMENDED
BETWEEN:
RICHARD JUHASZ, JAMES HUNT, GRAHAM T. ROSE, DENISE ROSE,
CHRISTOPHER ROSE, AL MAYHEW and ADELE MAYHEW
Applicants
- and -
GOLDEN OAKS ENTERPRISES INC. and JEAN-CLAUDE LACASSE
Respondents
BEFORE: Mr. Justice Stanley J. Kershman
HEARD AT OTTAWA: September 11, 2014
IN ATTENDANCE:
Jason Dutrizac, lawyer for Receiver
Brian Doyle, Doyle Salewski Inc., Receiver
Alden Christian, counsel for unsecured creditors
John O’Toole, counsel for Magenta Mortgage Corp. and Magenta Mortgage Investment Corp.
Gordon Douglas, counsel for Home Trust Company and Agent for Canadian Western Trust
Jim MacGillivray, counsel for Matthew Daniels
Adrienne Curran and David Dwoskin, counsel for Mr. Tang and Dr. Birka, Second Mortgagees
Patrick Thompson, counsel for Equitable Bank, First Mortgagee
Tom Wallis, counsel for Eric Landriault
Marcia Collius, Doyle Salewski Inc.
Tracey Toman, Doyle Salewski Inc.
Christopher Pierre, Doyle Salewski Inc.
William Fairchild, Doyle Salewski Inc.
Rachelle Lalonde, RAEL Investments Inc., Second Mortgage Holder
Ian Houle, counsel, RAEL Investments Inc.
Victoria Boddy, Brazeau Seller LLP, counsel for Scott Temple
Pavle Masic, counsel for unsecured promissory note holders
Christopher Steeves, Second Mortgage Holder, Self-represented
Jeremy Steeves, Second Mortgage Holder, Self-represented
Leslie Scott, Second Mortgage Holder, Self-represented
Mohamed Abdulkader, Second Mortgage Holder, Self-represented
Dr. Ihor Birka, Second Mortgage Holder, Self-represented
Roma Birka, Daughter of Dr. Birka, Self-represented
Lorne Scott, Second Mortgage Holder, Self-represented
Richard Juhasz, Creditor
David Reid, counsel for John Temple, 8046450 Canada Ltd, 2169673 Ontario Inc.
Heather Williams, observer, Counsel for Lawpro
Endorsement
[1] For oral reasons given, order to go as follows:
Disclosure issues pertaining to Magenta Mortgage Corporation are to be resolved on the terms as set out in Mr. O’Toole’s letter to Counsel for the Receiver dated September 8th, 2014 (filed).
The settlement between the Applicants and 8046450 Canada Ltd., 2169673 Ontario Inc. and Scott Temple is hereby approved.
The settlement between the Applicants and Christopher Steeves and Jeremy Steeves is hereby approved.
The settlement between the Applicants and Heather Bourquez is hereby approved.
The settlement between the Applicants and Mohamed Abdulkader is hereby approved.
There will be a sealing order with respect to the settlements in Paragraphs 2, 4 and 5 above.
[2] In relation to the request for adjournment brought by Mr. Wallis on behalf of his client Eric Landriault, the Court reluctantly grants a brief adjournment to allow for written questions to be sent to the Receiver. This can only be done by Mr. Wallis acting on behalf of Mr. Landriault. No one else is afforded the opportunity to send written questions to the Receiver. The questions are to be sent to the Receiver by September 19, 2014 in relation to the Receiver’s Fourth Report and the Supplementary Report to the Fourth Report only. The questions must be relevant and specific. This is not to be a fishing expedition by Mr. Landriault.
[3] The Trustee shall respond to the questions within two weeks and provide a follow up report based on the answers to be provided by October 2, 2014.
[4] The within motion will continue on October 8, 2014 at 10:00 a.m. before Kershman J. peremptory to all parties.
[5] Costs are assessed at $4,000 payable by Mr. Landriault as follows: $2,000 to the Receiver and $2,000 to the Applicants. This amount is to be paid on or before September 18, 2014 with confirmation to be provided to the Court. In the event that the monies are not paid as aforesaid, Mr. Landriault’s questions are not to be answered.
[6] This endorsement will be provided to the Receiver’s counsel who will then circulate it to the Service List.
[7] Order accordingly.
Mr. Justice Stanley J. Kershman
Date: September 12, 2014
COURT FILE NO.: CV-13-58192
DATE: 2014/09/12
SUPERIOR COURT OF JUSTICE – ONTARIO
IN THE MATTER OF AN APPLICATION PURSUANT TO THE BANKRUPTCY
AND INSOLVENCY ACT, R.S.C. 1985, c. B-3 AS AMENDED
AND IN THE MATTER OF AN APPLICATION PURSUANT TO SECTION 101
OF THE COURTS OF JUSTICE ACT, R.S.O. 1990, c. C.43, AS AMENDED
BETWEEN:
RICHARD JUHASZ, JAMES HUNT, GRAHAM T. ROSE, DENISE ROSE,
CHRISTOPHER ROSE, AL MAYHEW and ADELE MAYHEW
Applicants
- and -
GOLDEN OAKS ENTERPRISES INC. and JEAN‑CLAUDE LACASSE
Respondents
BEFORE: Mr. Justice Stanley J. Kershman
Endorsement
Kershman J.
Released: September 12, 2014