CITATION: Juhasz v. Golden Oaks Enterprises Inc., 2016 ONSC727
COURT FILE NO.: CV-13-58192
DATE: 2016/01/28
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: January 26, 2016
IN ATTENDANCE: Robert De Toni, Merovitz Potechin
John Dempster, Doyle Salewski Inc.
Al Martin, Doyle Salewski Inc.
Tracey Toman, Doyle Salewski Inc.
Paul Salewski, Doyle Salewski Inc.
Jason Dutrizac, Regent Law, Doyle Salewski Inc.
Josee Bouchard, Myself, represented by Caza Saikaley
Monique Lalonde, Myself, represented by Caza Saikaley
James Plotkin, Caza Saikaley
Peter Mantas, for Jeremy and Chris Steeves
Jeff Saikeley, for multiple defendants
John O’Toole, Magenta
Andrea Ferguson, Unsecured Trade Creditors
Winston Fogarty, Regent Law, Unsecured Creditors Juhasz et al
Chris Steeves, represented by Peter Mantas
Nerissa Yan, Fasken, Articling student
Kershman J.
ENDORSEMENT
[1] On consent the motions to strike and any related motions in the Small Claims Court matters listed in Schedule “A” attached hereto shall be heard by Kershman J. in the Superior Court of Ontario on June 20 and 21, 2016, together with the Superior Court motions set out in that schedule.
[2] The timetable for the hearing of all of the motions to strike and related motions, is as follows:
DATE BY
WHICH EVENT
IS TO OCCUR
EVENT
a)
February 12, 2016
The test case shall be chosen by the Defendants’ counsel;
b)
February 26, 2016
The service of the consolidated Motion Record and all related affidavits
c)
March 11, 2016
The service of the consolidated Cross-Motion Record to amend the Statements of Claim and all related affidavits
d)
April 15, 2016
The completion of all cross-examinations
e)
May 6, 2016
The satisfaction of all undertakings
f)
May 30, 2016
The Defendants’ factums to be served and filed
g)
June 3, 2016
The Plaintiff’s factums to be served and filed
h)
June 20-21, 2016
Dates to hear the motions
[3] Caza Saikaley will be bringing a motion to intervene in the Application to appeal the Cunningham arbitration award in relation to the court files listed in Schedule “A”. The motion will be heard on February 29, 2016 for two hours.
[4] The timetable for this motion is as follows:
DATE BY
WHICH EVENT
IS TO OCCUR EVENT
a) February 12, 2016 Applicant to file materials
b) February 19, 2016 Respondent to file materials
c) February 24, 2016 Applicant to file factum
d) February 26, 2016 Respondent to file factum
[5] Both parties have agreed that there will be no examinations or cross examinations in relation to this motion to intervene.
[6] A motion in relation to the Notice of Application to appeal the Cunningham arbitration award, this matter is set for May 27, 2016 for one day.
[7] The timetable for this motion is as follows:
DATE BY
WHICH EVENT
IS TO OCCUR
EVENT
a)
May 6, 2016
Applicant to deliver fresh factum
b)
May 13, 2016
Respondent to deliver fresh factum
c)
May 18, 2016
Applicant to deliver reply factum, if any
d)
May 27, 2016
Argument of the Motion
[8] If Caza Saikaley obtains Intervenor status in relation to the motion to be heard on February 29, 2016, the parties to the May 27, 2016 motion shall file a timetable which incorporates the current timetable.
[9] In the event that there are any problems with the timetables, counsel shall write to Kershman J. setting out the problem.
[10] In relation to the Receiver/Trustee turning over several of the Rent-To-Own properties, the parties will discuss the matter and consider filing a consent order once they have determined the terms.
[11] The transcripts of arbitration hearing before Cunningham J. are to be filed by the Receiver within 30 days. The filing of these transcripts is without prejudice to the action commenced by Messers. Steeves against Doyle Salewski Inc. in action no. 15-65689.
[12] The Court will convene a further Case Conference within 30 days after the release of the decision with respect to the motions to strike, and the cross-motions which date shall be set by the Trial Coordinator.
[13] This Endorsement shall be forwarded to the Counsel for the Receiver and Counsel for the Trustee which is then to be circulated to the service list.
[14] Order accordingly.
Mr. Justice Stanley J. Kershman
Date: January 28, 2016
COURT FILE NO.: CV-13-58192
DATE: 2016/01/28
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: January 28, 2016