Court File and Parties
OTTAWA COURT FILE NOS.: 12-56265 and 11-50312 DATE: 2017/04/04 SUPERIOR COURT OF JUSTICE - ONTARIO
BETWEEN: Mildred McMurtry, Plaintiff (Court file no. 12-56265) AND John McMurtry and Mic Mac Realty (Ottawa) Ltd., Defendants
AND BETWEEN: John McMurtry, Plaintiff (Court file no. 11-50312) AND Jim McMurtry, Defendant
AND BETWEEN: Jim McMurtry, Plaintiff by Counterclaim (Court file no. 11-50312) AND John McMurtry, Brenda McMurtry, Barry Coons, Bouris Wilson LLP and Mic Mac Realty (Ottawa) Ltd., Defendants by Counterclaim
BEFORE: Madam Justice Sylvia Corthorn
COUNSEL: Mark W. Smith for Mildred McMurtry (12-56265) Jeff Saikaley for John McMurtry (Both actions) and for Brenda McMurtry (11-50312) Daniel Mayo for Jim McMurtry (11-50312)
HEARD: March 22, 2017
TRIAL MANAGEMENT conference ENDORSEMENT
[1] This trial management conference was scheduled in follow up to my October 2016 ruling on a motion with respect to financial evidence required for the trial of the 2011 action and the continuation of the trial of the 2012 action. The trials in those actions are scheduled to proceed and continue, respectively, on May 15, 2017 (the “Ruling”).
[2] Counsel advised that it has not been possible for Welch LLP to carry out its review of the finances and operations of Mic Mac (paragraphs 1(a) and (b) of the Ruling). Welch LLP advised the parties, through their respective counsel, that the assistance of a bookkeeper is required to essentially re-create the books and financial records of Mic Mac. Only once that work has been completed will Welch LLP be in a position to carry out its work in accordance with the Ruling.
[3] Counsel also advised that it has not been possible to complete the valuation of the shares contemplated by paragraph 1(c) of my Ruling. The expert retained to carry out that work has identified the need for an up-to-date valuation of the real property owned by Mic Mac. There are five properties for which an appraisal is required. The properties are the most significant component of the assets of Mic Mac. As a result, up-to-date appraisals of the value of the properties are required for the purpose of the valuation of the shares of Mic Mac.
Disposition
[4] In summary, the following order is made on the consent of the parties:
With respect to the services of a bookkeeper and an appraiser: a) The Parties shall jointly retain a bookkeeper to carry out the bookkeeping work requested, which work shall be directed by Welch LLP. The purpose of work by the bookkeeper is to assist Welch LLP in carrying out its work in accordance with my October 12, 2016 ruling. b) The Parties shall co-operate with the bookkeeper as may be required from time-to-time to assist in the bookkeeping work being done at the direction of Welch LLP. c) The Parties shall jointly retain and instruct an expert to carry out an appraisal of the real property owned in whole or in part by Mic Mac. This work is required to assist in the valuation of the shares of Mic Mac as per paragraph 3 of my October 12, 2016 ruling.
In the event the parties are unable on or before the 20th of April, 2017 to agree upon and retain one or both of a bookkeeper (paras. 1(a) and (b) above) and an appraiser (para. 1(c) above) to carry out the work, the parties shall attend the continuation of the trial management conference scheduled for May 12, 2017 at 2:00 p.m.: a) The appointment of a bookkeeper and/or appraiser shall on that date be addressed by way of a motion; b) With respect to the materials relied upon in support of the motion: i) Counsel shall take the steps necessary to eliminate multiple facta and books of authorities being filed with the Court; ii) Counsel shall work together to minimise the number of facta and books of authorities that are ultimately filed with the Court; and iii) The motion records, facta, and books of authorities shall be served in accordance with the Rules of Civil Procedure.
The costs of the services of the bookkeeper and the appraiser shall be paid from the monies held in trust by Mann & Partners.
A trial management conference shall continue on a date in June 2017 to be arranged by the trial co-ordinator and the purpose of which is to review the status of the work being done pursuant to my October 2016 ruling and this endorsement.
The trials scheduled for May 15, 2017 shall be adjourned.
Date: April 4, 2017
Madam Justice S. Corthorn
OTTAWA COURT FILE NOS.: 12-56265 and 11-50312 DATE: 2017/04/04 SUPERIOR COURT OF JUSTICE – ONTARIO Court File No. 12-56265 BETWEEN: Mildred McMurtry, Plaintiff AND John McMurtry and Mic Mac Realty (Ottawa) Ltd., Defendants Court File No. 11-50312 AND BETWEEN: John McMurtry, Plaintiff AND Jim McMurtry, Defendant AND BETWEEN: Jim McMurtry, Plaintiff by Counterclaim AND John McMurtry, Brenda McMurtry, Barry Coons, Bouris Wilson LLP and Mic Mac Realty (Ottawa) Ltd., Defendants by Counterclaim BEFORE: Madam Justice Sylvia Corthorn COUNSEL: Mark W. Smith for Mildred McMurtry Jeff Saikaley for John McMurtry and Brenda McMurtry Daniel Mayo for Jim McMurtry TRIAL MANAGEMENT CONFERENCE ENDORSEMENT Madam Justice S. Corthorn Released: April 4, 2017