Court File and Parties
COURT FILE NO.: FS-15-260-00 DATE: 2016-08-05
ONTARIO SUPERIOR COURT OF JUSTICE
B E T W E E N:
UZMA SHAHID Applicant
- and -
SHAHID AYYUB and NADEEM AHMED Respondents
COUNSEL: Marianne Guirguis, for the Applicant (Shahid Ayyub did not appear) Devin Maguire, for the Respondent Nadeem Ahmed
HEARD: July 28, 2016, at Brampton, Ontario
Price J.
REASONS FOR ORDER
Nature of Proceeding
[1] The applicant, Uzma Shahid (“Ms. Shahid”), separated from her husband, Shahid Ayyub (“Mr. Ayyub”), on July 4, 2015, following a 14 year marriage in which Ms. Shahid says Mr. Ayyub subjected her to frequent domestic abuse and degradation. On the night they separated, the Peel Police charged Mr. Ayyub with domestic assault on Ms. Shahid, and released him on a recognizance of bail.
[2] Ms. Shahid began the present proceeding in October 2015, by an application in which she claims custody of the parties’ three children, support for herself and the children, equalization of net family property, and a freezing of Mr. Ayyub’s assets. She caused the application to be served on Mr. Ayyub on December 2, 2015, and Mr. Ayyub did not respond. Ms. Shahid therefore scheduled her application to be heard at an uncontested trial on July 25, 2016. In the meantime, she obtained temporary orders directing Mr. Ayyub, his business associate, Nadeem Ahmed, and the Canadian chartered banks, to preserve Mr. Ayyub’s assets.
[3] Pending the uncontested trial on July 25, 2016, the Court made temporary orders on July 8 and 12, 2016, directing Mr. Ayyub, Mr. Ahmed, Mr. Ahmed’s corporation, North American Grain Corporation, and the Canadian chartered banks, to preserve any assets they held for Mr. Ayyub, and to produce their records pertaining to Mr. Ayyub’s investments.
[4] At the uncontested trial on July 25, 2016, the court granted Ms. Shahid custody of the parties’ children. It adjourned the financial issues to July 28, 2016, for further evidence regarding Mr. Ayyub’s income. The court granted Ms. Shahid leave to bring additional motions, on notice to non-parties, including Canada Revenue Agency and the Canadian chartered banks, for production of Mr. Ayyub’s financial records, including his income tax returns, notices of assessment, and bank statements.
[5] Ms. Shahid has served all non-parties with her earlier motion material. She now requests a continuation of the preservation orders and non-party production orders made by me on July 8 and July 12, by Justice Donohue on July 21, and by me on July 25, 2016.
Background Facts
[6] Ms. Shahid and Mr. Ayyub were married in Pakistan in 2001. Later that year, they relocated to Austin, Texas, in the United States. They later returned to Pakistan for a year. While they resided there, Ms. Shahid travelled with the parties’ eldest son to Saudi Arabia, where they resided with Mr. Ayyub’s parents. Ms. Shahid says that in Saudi Arabia, she was, in effect, a prisoner in Mr. Ayyub’s parents’ home, forced to perform household services for them.
[7] In August 2003, Ms. Shahid travelled with the parties’ son to Canada, where Ms. Shahid acquired permanent residency three months later. Mr. Ayyub travelled to Canada in July 2006, and tried unsuccessfully to persuade Ms. Shahid to return to Pakistan. He later returned again and on July 4, 2015, tried again to persuade her to return, and she again refused, which she says precipitated a physical assault on her by Mr. Ayyub.
[8] The police attended on July 4, 2015, and charged Mr. Ayyub with assault. Ms. Shahid and Mr. Ayyub separated on that date without any prospect of reconciliation.
Judicial Proceedings
[9] Following the parties’ separation, Ms. Shahid consulted a lawyer, Marianne Guirguis. On August 7, 2014, Ms. Guirguis sent a letter to Mr. Ayyub, proposing a resolution of the issues arising from the parties’ separation. On August 14, 2015, Mr. Ayyub replied, stating that he would contact her further when he found a suitable mediator. When Ms. Guirguis did not receive any further communication from him, she followed up with a further e-mail to him, and on September 7, 2015, Mr. Ayyub replied, stating that he wished to reunite his family. Ms. Shahid had no wish to do this.
[10] On October 30, 2015, Ms. Shahid began the present proceeding by issuing an application in which she claimed the following:
a) Custody of the parties’ three children, two sons, Ibaad-Ur-Rahman Shahid and Muhammad Shafay Shahid, who are 14 and 8 years of age, respectively, and a daughter, Maha Shahid, who is 13; b) Child support for the three children; c) Spousal support; d) Equalization of net family property, and e) An order freezing Mr. Ayyub’s assets.
[11] Ms. Shahid’s application was served on Mr. Ayyub on December 2, 2015, by being left with an adult member of his household in Toronto. Mr. Ayyub did not respond, and Ms. Shahid believes that he is currently residing in Pakistan.
[12] Mr. Ayyub failed to attend an early case conference in the proceeding on February 16, 2016. As appears from Justice Mossip’s endorsement of that date, Mr. Ayyub had e-mailed Ms. Shahid from Pakistan, indicating that he would not be present but wished to participate in the case conference by telephone. However, he had not given a telephone number where he could be reached. Justice Mossip granted the parties leave to bring motions and required them to discharge their respective disclosure obligations.
[13] Following the parties’ separation, Ms. Shahid was able to recover some of Mr. Ayyub’s financial records, including bank statements. They disclosed the following:
a) Five days before the parties’ separation on July 4, 2015, Mr. Ayyub held $178,509.44 in an AcceleRate bank. Nine months earlier, on October 1, 2014, he had held $288,910.30 in the same account. b) The statements from Mr. Ayyub’s TD Direct Investing account disclosed that he held $87,222.18 in that account as of June 30, 2015. c) Mr. Ayyub additionally held funds at numerous other banks in Canada and in Pakistan.
[14] Ms. Shahid recovered copies of Investment Agreements between Mr. Ayyub and a friend and business associate of Mr. Ayyub’s, Nadeem Ahmed. Ms. Shahid says that Mr. Ayyub had forged her signature on the agreements, and invested $228,000 with Mr. Ahmed between March 10, 2014, and January 28, 2015.
[15] When the parties separated, Ms. Shahid was unemployed and had no means of support. Mr. Ayyub gave no financial support to her, other than $2,500 which he paid in May 2016. In an affidavit sworn June 23, 2016, Ms. Shahid states, based on information from Mr. Ahmed’s wife, that Mr. Ayyub invested approximately $180,000 with Mr. Ahmed, of which Mr. Ahmed had repaid $52,000 as of the end of June 2016. It appears to Ms. Shahid that those funds may be the only source from which Mr. Ayyub’s child and spousal support obligations to her, and any equalization payment that Mr. Ayyub might owe her, can be secured.
[16] On June 29, 2016, Ms. Shahid made a motion in form 14B, without notice to Mr. Ayyub, for an order noting Mr. Ayyub in default, dispensing with service of any further pleadings on him, restraining him from depleting any property in which he has an interest, and transferring his property to, and/or vesting it in, Ms. Shahid.
[17] On June 17, 2016, as Mr. Ayyub had not delivered an Answer, and was in default of his obligation to do so, Ms. Shahid proceeded pursuant to Rule 10(5) and Rule 1(8.4) of the Family Law Rules and obtained a date for an uncontested trial. The Registrar scheduled the trial to be heard by me on July 25, 2016.
[18] Pending the uncontested trial, Ms. Shahid prepared a further motion (“the second motion”), also in form 14B, without notice to Mr. Ayyub, for an order:
a) formally noting Mr. Ayyub in default and dispensing with service of any further pleadings on him; b) restraining Mr. Ayyub from depleting any property under his control or in which he has an interest, whether held by him or held in trust for him by Mr. Ahmed and/or by North American Grain Corporation, and requiring them to preserve all such property under further order of the court pursuant to s. 12 of the Family Law Act; c) transferring the assets or investments held by Mr. Ahmed and/or North American Grain Corporation on behalf of Mr. Ayyub to, or in trust for, or vesting them in, Ms. Shahid; and d) requiring Mr. Ayyub to pay her costs in the amount of $1,500.00.
[19] Ms. Guirguis filed the second motion with the Court Office, which forwarded it, in the ordinary course, to the judges’ chambers, where it was reviewed by Justice Lemon on July 8, 2016. Justice Lemon signed the order for the relief requested, and returned the order to the Court Office, which entered the order and sent it, as issued and entered, to Ms. Guirguis.
[20] Apparently due to the urgency of obtaining a preservation order, and in the hope of securing more immediate attention to the motion, Ms. Guirguis forwarded another copy of the second motion by e-mail to my judicial secretary, incorrectly marking it to my attention, as “Case Management Judge”. Assignments of a Case Management Judge are made by the Regional Senior Justice, upon the request of counsel or by recommendation of a judge hearing a case conference or motion. Such an assignment was not made in the present case, and no request had been made to the Regional Senior Justice to do so.
[21] Acting on Ms. Guirguis’ request, my judicial secretary forwarded the copy of the second motion to me, whereupon I also made an order dated July 8, 2016, granting Ms. Shahid a temporary preservation order, and adjourning the remainder of the motion to July 25, 2016, when I was to preside at the uncontested trial. This order was also sent to the court office, which entered the order and sent it, as issued and entered, to Ms. Guirguis.
[22] On July 12, 2016, Ms. Shahid made a further motion (“the third motion”), in form 14B, without notice to Mr. Ayyub, for an order:
a) directing Canada’s chartered banks to freeze any assets of Mr. Ayyub and/or his business, Bit Byte IT Consulting Inc., held in any account or on credit on behalf of either of them; b) adding Mr. Ahmed as a party (the Notice of Motion says, incorrectly, “third party”, to “these proceedings”), and restraining him from depleting any property under his control or in which he has an interest, whether held by him, North American Grain Corporation or held in trust by another on his behalf, and requiring him to preserve all such property until further order of this court; c) directing Canada’s chartered banks to disclose and deliver up to Ms. Shahid and/or her counsel, any and all records they hold concerning Mr. Ahmed’s assets and accounts, held on behalf of Mr. Ayyub by the banks; d) transferring any of M. Ayyub’s property and/or assets or investments, held by Mr. Ahmed, and/or North American Grain Corporation, to or in trust for or vested in Ms. Shahid, either absolutely or for a term of years, pursuant to S. 34(1)(c) of the Family Law Act; (“the second 14B motion”).
[23] Ms. Guirguis sent the third motion to my judicial secretary, and again, asked her to forward it to me, as Case Management Judge. I made a temporary order dated July 12, 2016, directing the Canadian chartered banks to freeze the assets of Mr. Ayyub and/or Bit Byte IT Consulting Inc., and directing them to provide copies of any records pertaining to Mr. Ayyub or Mr. Ahmed, held on behalf of Mr. Ayyub, to Ms. Shahid or her lawyer.
[24] Additionally, my order dated July 12, 2016, restrained Mr. Ahmed, pursuant to section 12 of the Family Law Act, from depleting any property held by him or by North American Grain Corporation in trust for Mr. Ayyub, pending further order of the court. I directed Ms. Shahid to serve a copy of her motion, and of my order, forthwith on Mr. Ahmed, and adjourned the balance of the motion to July 21, 2016.
[25] On July 21, 2016, Justice Donohue made a temporary order adding Mr. Ahmed as a party to the third motion, pursuant to Rule 7(2) of the Family Law Rules, requiring the Canadian chartered banks to freeze Mr. Ayyub’s assets and disclose to Ms. Shahid and her lawyer their records pertaining to Mr. Ayyub and Mr. Ahmed. She further ordered that any property, assets, or investments that Mr. Ayyub held with Mr. Ahmed, and/or with North American Grain Corporation, be transferred to or in trust for Ms. Shahid, pursuant to sections 9 and 34(1)(c) of the Family Law Act.
[26] At the uncontested trial on July 25, 2016, Mr. Ahmed attended and filed a responding affidavit sworn July 20, 2016. He stated, however, that he had had insufficient time to respond and requested an adjournment to enable him to deliver further responding material.
[27] The court made an order on July 25, 2016, granting Ms. Shahid custody of the parties’ children. It adjourned the financial issues to July 28, 2016, for further evidence from Mr. Ahmed as to why the order requiring him to transfer any funds he had received from Mr. Ayyub to Ms. Shahid should not be continued.
[28] The court granted Ms. Shahid leave to bring additional motions, on notice to non-parties, including Canada Revenue Agency and the Canadian chartered banks, for production of Mr. Ayyub’s financial records, including his income tax returns, notices of assessment, and bank statements, to Ms. Shahid.
[29] The court resumed the hearing of Ms. Shahid’s motion for preservation or transfer of Mr. Ayyub’s funds from Mr. Ahmed to Ms. Shahid on July 28, 2016. Mr. Ahmed attended on that date and filed a further extensive affidavit sworn July 28, 2016. Following argument, the court granted Ms. Shahid’s motion, with partial reasons released at the conclusion of the hearing, with further reasons to follow. These further reasons re-state the reasons given from the bench on July 28, 2016, contextualized by the factual history recited above.
Issues
[30] The court was required to determine whether the orders made earlier in this proceeding, requiring Mr. Ahmed to transfer Mr. Ayyub’s funds to Ms. Shahid, should be continued.
Parties’ Positions
[31] Ms. Shahid submitted that the orders should be continued, as the evidence of Ms. Ayyub’s past conduct toward her gave rise to a reasonable inference that, unless restrained by the court, he and Mr. Ahmed, on his behalf, would deplete his funds and deprive Ms. Shahid of any means of securing Mr. Ayyub’s obligations to pay child and spousal support and an equalization payment to her.
[32] Mr. Ahmed acknowledged that Mr. Ayyub had invested funds with him, and that those funds, as a business interest, should form part of his net family property. He opposed a continuation of the order requiring him to transfer the funds to Ms. Shahid on the ground that the funds had been invested with him in good faith, and had been spent, in part, by Mr. Ahmed, in pursuit of the business that Mr. Ayyub and Mr. Ahmed had expected would eventually generate a profit in which they both would share. Mr. Ahmed further stated that:
a) He repaid profits from Mr. Ayyub’s investment, at regular intervals of every three or four months, since 2013, well before the parties’ separation. He relied on portions of the investments to fund the business he had conducted on behalf of himself and Mr. Ahmed. b) Ms. Shahid was a party to the investments, as appears from her signature on the Investment Agreements, and thereby sanctioned and approved of them. Ms. Shahid denied this assertion, stating that her signature on the investment agreements was forged. c) Mr. Ahmed had suffered significant financial disadvantage by reason of the freezing of his assets, and a continuation of the order was likely to cause irreparable financial prejudice to his business. The nature of the past disadvantage, or future harm, were unspecified.
[33] Mr. Ahmed stated that he had not attempted to help Mr. Ayyub deplete or shelter his assets, and was not aware of any attempt by Mr. Ayyub to do so. He stated that he did not “hold” any money for Mr. Ayyub, and that Mr. Ayyub’s investments of funds with him was valid, and began prior to the litigation between Ms. Shahid and Mr. Ayyub.
Analysis and Evidence
[34] Mr. Ahmed, in his affidavit sworn July 20, 2016, admits he received from Mr. Ayyub approximately $240,000 since the end of 2013, into North American Grain Corporation, which Mr. Ahmed had operated since about 2008. Mr. Ahmed states that he repaid over $132,000 of that amount to Mr. Ayyub, and produced some of the cancelled cheques evidencing those repayments. Mr. Ahmed acknowledges that he has not repaid between $100,000 and $128,000.
[35] Ms. Shahid says that Mr. Ahmed received at least $228,000 from Mr. Ayyub and that these amounts were the proceeds of fraud, since Mr. Ayyub forged her signatures on the Investment Agreements that he signed with Mr. Ahmed. In her affidavit sworn June 23, 2016, she states, in paragraphs 34 and 35:
Without my knowledge or consent, the Respondent entered into and forged my signature on several Investment Agreements with a business associate and friend, namely, Nadeem Ahmed, with whom he invested large sums of money in the amount of $20,000 on March 10, 2014; $40,000 on March 31, 2014; $148,000 on November 12, 2014, and $20,000 on January 28, 2015, for a total of $228,000. Attached hereto and marked as Exhibit “P” are copies of the Investment Agreements.
Having spoken with Mr. Ahmed’s wife, I understand that the sum of approximately $228,000 remains invested with Nadeem Ahmed and these funds may be the only viable source I have available to me to recover unpaid child support, spousal support and equalization to which I may be entitled. [Emphasis added]
[36] The Investment Agreements provide for the return of the investments after a period of 2-3 months. For example, the Investment Agreement dated November 12, 2014, provides:
I, Nadeem Ahmed, state and confirm that Shahid Ayyub has invested CDN $148,000 with me for a period of 2-3 months for a return on investment (variable profit) after the stated period of 2-3 months. After the end of 2-3 months period I, Nadeem Ahmed, will return Original Investment Amount of CDN $148,000 (principal) plus Profit back to Shahid Ayyub. Investor may reinvest if he wishes so.
[37] The banking records produced by Mr. Ahmed in his affidavit sworn July 20, 2016, disclose that $148,000 was deposited to account no. 04-179-28 of the North American Grain Corporation (c/o Nadeem Ahmed) at the National Bank of Canada on November 13, 2014, which account was subsequently closed. Mr. Ahmed did not produce the records showing the withdrawal, disbursal, or transfer of those funds, notwithstanding that Justice Donohue, in her order dated July 21, 2016, required him, “to disclose what bank accounts he has where the monies currently are that were received from Mr. Ayyub and provide any records in support of these”.
[38] In his affidavit dated July 20, 2016, Mr. Ahmed states:
My specific relation to this matter is that the Respondent [Shahid Ayyub] has invested approximately $240,000 into my business, North American Grain Corporation, that I have been operating since in or around 2008. His investments commenced in the end of 2014 and I commenced return on the investment in the form of profit since 2013.
I ask that with respect to my assets being frozen, the Order not be renewed or extended, and support my request with the following facts:
I have repaid over approximately $132,000 of the investment and can obtain have provided [sic] copies of the cancelled cheques in support of same. Attached hereto as Exhibit “A” are copies of cancelled cheques made to the Respondent in support of same. [Emphasis added]
[39] Mr. Ahmed’s evidence is not consistent regarding the amounts he received and repaid to Mr. Ayyub. In his affidavit sworn July 20, 2016, Mr. Ahmed says he received $240,000 from Mr. Ayyub, and repaid $132,000, which would leave a balance of $108,000 that he still retains. However, in the same affidavit, Mr. Ahmed produces copies of cheques to Mr. Ayyub for over $266,000, as follows:
a) Cheque for $104,000 dated February 6, 2014, on his account 10-03441-006-179-28 at the National Bank of Canada; b) Cheque for $108,000 dated July 14, 2014, from North American Grain Corporation, on its account 22-3241-4-179-28 at the National Bank; c) Cheque for $2,000 dated July 14, 2014, from North American Grain Corporation, on its account 22-3241-4-179-28 at the National Bank; d) Cheque for $20,000 dated October 17, 2015, from North American Grain Corporation, on its account 102-03241-006-04-179-28 at the National Bank; e) Cheque for $12,000 dated January 10, 2016, from North American Grain Corporation, on its account 114-3241-006-04-179-28-00001200000 at the National Bank. f) Cheque for $20,000 dated February 24, 2016, from North American Grain Corporation, on its account 114-01062-01-897-7-0000-2000000 at the National Bank.
[40] Mr. Ahmed has not complied fully with the order of Justice Donohue dated July 21, 2016, which required him to produce the records of the accounts showing all the funds he received from Mr. Ayyub. Although Mr. Ahmed was given further time on July 25, 2016, to complete the disclosure which Justice Donohue had ordered on July 21, 2016, of the 7 RBC accounts that Mr. Ahmed operated, he produced the statements from only 4 of them, and those statements did not disclose the funds he had received from Mr. Ayyub, either on deposit or disbursed.
[41] I draw an adverse inference from Mr. Ahmed’s failure to disclose all of those records. I find that Mr. Ahmed has under-stated the amount he received from Mr. Ayyub, and the amounts he re-paid. Mr. Ahmed acknowledges having received $240,000 from Mr. Ayyub since the end of 2013, and having repaid $132,000, from which I conclude that $138,000 has not been repaid. I find that the amounts received were the proceeds of fraud, having been derived from Investment Agreements on which Mr. Ayyub had forged Ms. Shahid’s signatures.
[42] Both Mr. Ahmed and Ms. Shahid have further evidence that they would like to tender. It may be that a more complete evidentiary record would permit the court to form a more complete picture of the transactions between Mr. Ayyub and Mr. Ahmed, and of the extent to which Mr. Ahmed has disbursed the funds he received to pay the expenses of North American Grain that have yet to yield their full anticipated returns. That further evidence may show more conclusively that Mr. Ahmed still holds funds received from Mr. Ayyub, which he is able to repay.
[43] Mr. Ahmed produced text messages from his phone which disclose that as recently as July 2015, Mr. Ayyub expected to receive $180,000 from Mr. Ahmed by the end of that month. On July 19, 2015, Mr. Ayyub texted, “Please let me know if you can give me 60K now and remaining 120K till July end as agreed above.” On October 14, 2015, he texted, “That will be safest & fastest: TD bank, shahid ayyub, account #6423186 Txt me when done.” On October 16, 2015, he texted, “I trust in you to keep that account info confidential to yourself only. Please confirm.” Ms. Shahid has produced a letter from TD Canada Trust to Ms. Guirguis dated July 15, 2016, in which the bank lists eleven different accounts that Mr. Ayyub operated at that bank, including personal deposit account #6423186/1340, in which there was currently a balance of $4,375.64. I have not relied on the texts and letter from the bank in coming to my conclusion, as they have not been tendered in the form of admissible evidence. I refer to them only to illustrate that the evidence that the parties have not yet formally tendered could further support the findings made above that Mr. Ahmed holds proceeds of fraud which he received from Mr. Ayyub and to which Ms. Shahid is entitled.
[44] It would appear to be in the interests of both Ms. Shahid and Mr. Ahmed for them to work out a schedule acceptable to both of them for the payment by Mr. Ahmed of the funds he holds, or should hold, on behalf of Mr. Ayyub. I must, however, leave it to the parties to negotiate that schedule, failing which Ms. Shahid’s entitlement, as set out in the order that follows, must govern.
Conclusion and Order
[45] Based on the foregoing, it is ordered that:
The National Bank of Canada (“NBC”); the Toronto Dominion Bank (“TD”); Bank of Montreal (“BMO”), Canadian Imperial Bank of Commerce (“CIBC”), the Royal Bank of Canada (“RBC”); the Bank of Nova Scotia (“BNS”), Accelerate Financial and Peoples Trust Company shall forthwith freeze and prevent any removal or transfer of monies or assets of the Respondent/Husband and/or Bit Byte IT Consulting Inc. held in any account or on credit on behalf of the Respondent, with the aforesaid Banks, until further Order of the Court, including but not limited to the bank accounts set out in Schedule “A” which is hereto attached.
The National Bank of Canada (“NBC”); The Toronto Dominion Bank (“TD”); Bank of Montreal (“BMO”), Canadian Imperial Bank of Commerce (“CIBC”), the Royal Bank of Canada (“RBC”); the Bank of Nova Scotia (“BNS”), Accelerate Financial and Peoples Trust Company (hereinafter referred to as “the Banks”), shall forthwith disclose and deliver up to the Applicant, Uzma Shahid and/or the Applicant’s legal counsel, Marianne Guirguis, any and all records held by the Banks concerning the Respondent, Shahid Ayyub’s assets and accounts, including the existence, nature, value and location of any monies or assets or credit, wherever situate in Canada, held on behalf of the Respondent/Husband by the Banks.
Nadeem Ahmed shall be added as a party to these proceedings pursuant to Rule 7(5) of the Family Law Rules.
Nadeem Ahmed shall produce any and all documents pertaining to any loan(s), transfer of funds and/or investments between himself and the Respondent, Shahid Ayyub, including, but not limited to Bank Account Statements (personal and corporate), copies of cheques, contracts, and/or agreements, pursuant to Rule 19(1) and 19(11) of the Family Law Rules. Mr. Ahmed shall disclose what bank accounts he has where the monies currently are that were received from Mr. Ayyub and provide any records in support of these.
The National Bank of Canada (“NBC”); the Toronto Dominion Bank (“TD”); Bank of Montreal (“BMO”), Canadian Imperial Bank of Commerce (“CIBC”), the Royal Bank of Canada (“RBC”); the Bank of Nova Scotia (“BNS”), Accelerate Financial and Peoples Trust Company, shall forthwith freeze and prevent any removal or transfer of monies or assets of Nadeem Ahmed and/or North American Grain Corporation and/or Kawa Canada Corporation held in any account or on credit on behalf of the Respondent/Husband with the aforesaid Banks, until further order of the Court, including but not limited to the bank accounts set out in Schedule “B” which is hereto attached.
Nadeem Ahmed is restrained from depleting any of the property under his control or in which he has an interest, whether held by him, North American Grain Corporation and/or Kawa Canada Corporation, or held in trust, by a third party on his behalf, and shall preserve all such property until further order of this court.
The National Bank of Canada (“NBC”); the Toronto Dominion Bank (“TD”); Bank of Montreal (“BMO”), Canadian Imperial Bank of Commerce (“CIBC”), the Royal Bank of Canada (“RBC”); the Bank of Nova Scotia (“BNS”), Accelerate Financial and Peoples Trust Company, shall forthwith disclose and deliver up to the Applicant, Uzma Shahid and/or the Applicant’s legal counsel, Marianne Guirguis, any and all records held by the Banks concerning Mr. Nadeem Ahmed’s assets and accounts, including the existence, nature, value and location of any monies or assets or credit, wherever situate in Ontario, held on behalf of the Respondent/ Husband by the Banks.
Any of the Respondent/Husband’s property and/or assets or investments held with a third party, namely, Nadeem Ahmed and/or North American Grain Corporation, shall be transferred to the Applicant/Wife’s solicitor in trust, pursuant to section 9 and 34(1)(c) of the Family Law Act.
Nadeem Ahmed shall pay the sum of $128,000 to the Applicant/Wife’s solicitor within 30 days of the date of this order, in security for the Applicant/Wife’s unpaid child support, spousal support, and equalization payment pending full and frank disclosure with respect to which bank accounts (personal and/or corporate) contain the investment funds received from the Respondent/Husband.
The order of Justice Lemon dated July 8, 2016, is rescinded, with his concurrence and with Ms. Shahid’s consent, as it resulted from the erroneous duplication of the motion which Ms. Shahid’s lawyer submitted, and resulted in conflicted terms, and is covered by orders made by me and by Justice Donohue since that date.
Ms. Shahid still has leave to bring her motion on September 1, 2016, for the production of Mr. Ayyub’s records from the Canada Revenue Agency.
The mini-trial shall be returned by September 28, 2016, on a date and time to be arranged with the Trial Office.
Nadeem Ahmed shall pay to the Applicant her costs of this motion in the amount of $3,500.
Price J.
Released: August 5, 2016
SCHEDULE “A”
TD Tax Free Savings Account No. 133/0064 TD Personal Deposit Account No. 3186/1340 TD Personal Deposit Account No. 6991/1340 TD RESP Account No. 1113/0064 TD Personal Deposit Account No. 4669/0230-CLOSED on June 8, 2015 TD US Personal Deposit Account No. 3959/1340-CLOSED on January 8, 2016 TD Savings Account No. 1114/1878 – CLOSED on June 8, 2015 TD US Personal Deposit Account No. 4210/1880-CLOSED on June 8, 2015 TD Direct Investing Bank Account No. 330M30 TD Personal Line of Credit Account No. 8148/1878-CLOSED April 28, 2016 TD Business (Bit-Byte IT Consulting Inc.) Account No. 9361/0064-CLOSED on June 9, 2016 TD Business (Bit-Byte IT Consulting Inc.) Account No. 2111/1340-CLOSED on June 26, 2015 BMO Personal Bank Account No. 1992-857 RBC Personal Bank Account No. 5283742