Court File and Parties

CITATION: Soler v. KHSL International Ltd. et al, 2017 ONSC 1357

COURT FILE NO.: CV-11-437060

DATE: 20170227

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: German Cardona Soler

AND:

KHSL International Ltd., Steve Kyllo, K.M.A. International Trading Ltd., Daniel Lapointe (AKA Daniel Laponte), Robert J. Palkowski, Palkowski & Company Law, Volcanic City Resources(2008) Ltd., Global Empire Management Inc., and Saamis Oil & Gas Limited.

BEFORE: The Honourable Madam Justice Jasmine T. Akbarali

COUNSEL: Allan Morrison, Vibhu Sharma, for the Plaintiff Michael Smith, for the Defendants Robert J. Palkowski and Palkowski & Company Tom Arndt, for the Defendant Daniel Lapointe

HEARD: February 27, 2017.

Endorsement

[1] The parties attended before me at a case conference today. Mr. Arndt raised a number of issues regarding the plaintiff’s material, some of which we were able to resolve. It appears that at least one, and possibly two, issues will require a motion to strike portions of the plaintiff’s affidavit filed on the summary judgment motion. In addition, Mr. Smith advises that, if a motion to strike is being brought, his client wants to bring a motion to strike the Statement of Claim for failure to pay an outstanding costs award.

[2] I made the following directions:

a. Plaintiff to provide a translation of the Spanish portions of the motion record, certified by an affidavit of the translator. The portions to be translated include the document at pp. 5-8 of tab 2 of the plaintiff’s record (the plaintiff’s affidavit), the stamp on each exhibit to the affidavit and the Spanish document at tab 3B of the plaintiff’s motion record. The translation is to be provided within two weeks of today.

b. When the translated material is provided, Mr. Arndt will advise within two business days whether his client takes the position that the affidavit is not properly commissioned. If it has not been properly commissioned, the plaintiff will arrange for a properly commissioned affidavit to be served and filed.

c. Plaintiff to replace tabs 10 and 12 in its record with the complete or correct exhibits.

d. Counsel is to contact the court office to arrange for a three hour attendance to deal with Mr. Arndt’s client’s motion to strike certain exhibits to the plaintiff’s affidavits, and to deal with the issue of affidavits of documents included in the affidavit if the parties cannot resolve it, and (ii) Mr. Smith’s client’s motion to strike the statement of claim for failure to pay costs. I am seized.

e. Following the resolution of the motions to strike, if necessary, a further case conference can be convened to deal with a timetable for the summary judgment motion.

Madam Justice J. T. Akbarali

Date: February 27, 2017