Court File and Parties
Court File No.: DC-16-2241 Date: 2017/07/04 Cour Supérieure de Justice de l’Ontario
Entre: Andrew Pierre Makoundi (par son tuteur à l’instance Bruno Makoundi), Applicant Et: Lycée Claudel, Respondent
Before: O’Bonsawin J.
Counsel: Bruno Makoundi, self-represented William N. Fuhgeh, self-represented
Heard: Thursday, June 29, 2017
Endorsement
O’bonsawin, J.
[1] In my Endorsement dated June 29, 2017, I ordered Mr. Makoundi “to send to my office all copies of Affidavits and other documents that he has relied on in his submissions today by 10:30 tomorrow morning. If I do not receive them within this timeline, I will not consider them. In addition, they must be copies that have a court stamp showing that they were properly filed and accepted by this court.” He provided the documents to my office within the ordered timeline.
[2] I have heard submissions from both Mr. Makoundi and Mr. Fuhgeh, reviewed their submitted documents and case law. Mr. Makoundi submits that he has already consented to Mr. Fuhgeh being added as an intervenor. In order to support this statement, he provided me with many documents. My review of the documents concludes that Mr. Makoundi may have provided his consent prior to the Appeal to the Divisional Court, however, he has not done so since the filing of his Appeal. The only signed Consent in this matter is signed by Corey Willard, counsel for Lycée Claudel dated February 2, 2017.
[3] In response to Mr. Fuhgeh’s request to be added as an intervenor, Mr. Makoundi filed his own Motion which essentially asks the Court to set guidelines around Mr. Fuhgeh’s participation. In my view, Mr. Makoundi did not provide consent that Mr. Fuhgeh be added as an intervenor in the Appeal.
[4] Consequently, I grant the order that Mr. Fuhgeh be added as an intervenor in this matter. Mr. Makoundi has made serious negative allegations against Mr. Fuhgeh and the latter has an outstanding costs order of $5,000 owing to him. Mr. Fuhgeh has met the requirement of rule 13.01(a) of the Rules of Civil Procedure because he clearly has an interest in the subject matter of the proceeding and (b) he may be adversely affected by a judgement in the proceeding.
[5] In addition, I have considered whether the intervention will unduly delay or prejudice the determination of the rights of the parties to the proceeding. I have concluded that Mr. Makoundi has not demonstrated that he will be prejudiced by adding Mr. Fuhgeh as an intervenor (see Butty v. Butty, 2009 ONCA 92125, 98 O.R. (3d) 713).
[6] I also order that all documents that Mr. Makoundi has served and filed up to date regarding the Appeal in question must be served on Mr. Fungeh within 14 days of this Endorsement. He must also file an Affidavit of Service to demonstrate that he has met the requirements of this Order.
[7] I also order costs for this motion to be paid by Mr. Makoundi to Mr. Fuhgeh in the amount of $1,500.