Court File and Parties

COURT FILE NO.: CV-90-CQ-046548-000 DATE: 20161011 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: 796839 ONTARIO LIMITED AND JACOBUS HANEMAAYER AND: ROBERT PLATT, JAMES BAY KAOLIN CORPORATION, JAMES BAY COMPANY MINERAL RESOURCES INC., BLACK GREGOR EXPLORATIONS LTD., CARLSON MINES LIMITED, SOURCE RESOURCE CORP., ANDRE BOUDREAU and ALL TERRAIN TRACK SALES AND SERVICES

BEFORE: R.F. Goldstein J.

COUNSEL: R. Ronald Rollo, for the Boudreau and All-Terrain Track Sales Irwin A. Duncan and J. Gallichan, for Jacobus Hanemaayer

HEARD: October 11, 2016

Endorsement Re: Discretionary Bench Warrant

[1] On May 19, 2016 I found Jacobus Hanemaayer in contempt of court. I was satisfied that he had wilfully and flagrantly refused to comply with orders of Master Pope. I indicated that Mr. Hanemaayer would have the opportunity to purge his contempt and ordered that the matter return June 30, 2016. Mr. Hanemaayer did not appear on that day. His lawyer communicated that he was 89 years old and in poor health. Some documents were placed before me in an effort to show that there had been an attempt to purge.

[2] I stated the following in my endorsement dated June 30, 2016:

“I will presume that Mr. Hanemaayer’s poor health is a sham unless there is strong evidence to the contrary.”

[3] I then ordered that Mr. Hanemaayer to appear in person on August 24, 2016. On August 24, 2016 Mr. Hanemaayer did not appear. He did not file any real medical evidence that addressed my concerns. I adjourned the mater to September 28, 2016, for submissions on sentencing. I stated the following in my endorsement dated August 24, 2016:

“It is difficult for me to draw any conclusion other than this: Mr. Hanemaayer is banking on the fact that I am very reluctant to issue an arrest warrant for a man who is 89 years old and in poor health.”

[4] The matter then proceeded to sentencing on September 28, 2016. Mr. Hanemaayer did not appear, although I did not specifically require him to appear on that day. I then began to consider the matter. Upon further reflection, and upon a detailed review of the evidence, it became clear that I should not yet sentence Mr. Hanemaayer. Mr. Hanemaayer, it appears, has simply been playing games with this Court. I refer to the affidavit of service of Todd Snider. Todd Snider is a process server. On April 20, 2016 he personally served Mr. Hanemaayer with motion materials at Mr. Hanemaayer’s residence.

[5] Mr. Snider initially encountered Mr. Hanemaayer on a scooter. Mr. Hanemaayer pulled out of his house on an electric scooter and drove down the street. He appeared to be alone. Mr. Snider spent about 20 minutes looking for him in the neighbourhood. Eventually he went back to Mr. Hanemaayer’s house. Mr. Hanemaayer came back about 35 minutes later, again, alone.

[6] The encounter shows a very different man than the one described either in the medical evidence or in the affidavit of Mr. Hanemaayer’s wife. It certainly has a greater ring of truth than either of those affidavits, especially in light of the long history of this matter.

[7] Accordingly, I believe that Mr. Hanemaayer is not so ill and frail that he cannot attend court personally. I will therefore issue a discretionary bench warrant for the next appearance. Mr. Hanemaayer is required to be here, in person. If he is not, then I will order the warrant executed. Mr. Hanemaayer can then be transported to court as an ordinary prisoner if he decides not to attend. When he appears Mr. Hanemaayer will personally show cause why I should not sentence him to a period of incarceration – to be clear, not for failure to pay costs or judgments, but for continual refusal to comply with court orders in a deliberate and wilful manner. I realize that I had originally indicated that I would deliver reasons for sentence today and that the parties will be put to further time and expense. I regret that but I believe that this course of action accords with the interests of justice.

[8] The matter will return before me on October 27, 2016 at 2:30 pm. Discretionary bench warrant returnable at that time.

[9] Costs will be dealt with at the next appearance.

R.F. Goldstein J. Date: October 11, 2016