Court File and Parties
COURT FILE NO.: 15-66598
DATE: 2018/10/04
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Gloria Assaly and Robert Assaly in his capacity as Estate Trustee of the Estate of Thomas C. Assaly without a Will, Plaintiffs
AND
Thomas Gregory Assaly, Defendant
BEFORE: Madam Justice Sylvia Corthorn
COUNSEL: Rodrigue Escayola, for the Plaintiffs
Thomas Gregory Assaly, self-represented
HEARD: October 3, 2018
Interim Endorsement
CORTHORN J.
Introduction
[1] The plaintiffs seek relief in the form of an order striking the statement of defence and noting the defendant in default. The plaintiffs also seek additional relief in the event the statement of defence is struck and the defendant is noted in default.
[2] The defendant did not file any materials in response to the motion. During argument on the motion, the defendant made two submissions that generated an inquiry from the court as to whether there is any evidence in the record before the court in support of the submissions made. Even though the defendant did not file responding materials, the record before the court is voluminous. The defendant was not able, on the spot, to respond to the court’s inquiries with respect to evidence in support of the submissions made.
[3] The parties were informed that the defendant would be given additional time to respond to the inquiries and the plaintiffs would have the opportunity to reply, if necessary, to the defendant’s response. The parties were advised that a timetable would be set for the delivery of those materials.
[4] It was not possible at the conclusion of argument on October 3, 2018 to set the timetable. Argument lasted longer than the time set for the motion. The court staff had already agreed to remain until the conclusion of argument. The court did not consider it fair to the court staff to require them to remain for an endorsement to be written on this point. Given that the defendant is self-represented, a written or typed endorsement is appropriate to ensure that there is no confusion or misunderstanding as to what the parties are permitted to do by way of written submissions.
The Master’s November 2017 Order
[5] The first submission by the defendant that generated the court’s inquiry with respect to supporting evidence, if any, in the record before the court relates to the order of Master Champagne (as she then was) dated November 29, 2017 (Motion Record, Tab B101).
[6] At a case conference held on that date, the Master ordered that, “The defendant shall, within 21 days, either himself or through his trustee or attorney, provide the plaintiffs with a copy of his bankruptcy petition and supporting documentation.” The bankruptcy petition to which reference is made is one filed by the defendant in the United States.
[7] In support of the relief they are seeking, the plaintiffs rely on the defendant’s alleged failure to comply with that aspect of the order. The defendant’s submission is that by virtue of the documents distributed by his trustee in bankruptcy, in the United States, to the defendant’s creditors, the defendant satisfied that paragraph of the Master’s order. The defendant’s position is that he is not in breach of that aspect of the Master’s order.
Costs Awards Totalling $29,000
[8] The second submission by the defendant that generated the court’s inquiry with respect to supporting evidence, if any, in the record before the court relates to two orders made entitling Gloria Assaly and/or Robert Assaly to costs. The two costs orders total $29,000.
[9] In support of the relief they are seeking, the plaintiffs rely on the defendant’s alleged failure to pay the costs awards. The defendant’s submission is that his trustee in bankruptcy in Canada has, in the bankruptcy proceeding, identified Gloria Assaly and/or Robert Assaly as unsecured creditors of the defendant with respect to a claim in the amount of $29,000. The defendant argues that the identification by the trustee in bankruptcy in that regard (a) addresses all costs orders made against the defendant, and (b) results in the defendant having complied with the costs orders made against him.
Timetable for Further Submissions
[10] I order that the additional submissions, if any, from the parties with respect to the two matters identified above be made as follows:
a) The defendant shall, no later than 4:00 p.m. on Friday, October 12, 2018, serve and file written submissions in response to the court’s inquiry requesting identification of the evidence in the record in support of the submissions made;
b) The defendant’s written submissions shall be restricted to identification of evidence and shall not include any further argument or additional evidence;
c) The plaintiffs shall, no later than 4:00 p.m. on Wednesday, October 17, 2018, serve and file written submissions in reply, if any; and
d) The written submissions shall be restricted to a single page document, addressed to my attention, and filed with the civil counter.
Madam Justice Sylvia Corthorn
Released: October 4, 2018
COURT FILE NO.: 15-66598
DATE: 2018/10/04
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Gloria Assaly and Robert Assaly in his capacity as Estate Trustee of the Estate of Thomas C. Assaly without a Will, Plaintiffs
AND
Thomas Gregory Assaly, Defendant
COUNSEL: Rodrigue Escayola, for the Plaintiffs
Thomas Gregory Assaly, self-represented
HEARD: October 3, 2018
INTERIM ENDORSEMENT
Madam Justice Sylvia Corthorn
Released: October 4, 2018