Court File and Parties

COURT FILE NO.: 15-55461 DATE: 2018/11/21 ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN:

EMAD ELGUINDY and IRENE ELGUINDY, Plaintiffs – and – AZIZ ELGUINDY and AFRODITE ELGUINDY, Defendants

Counsel: Self-Represented (for Emad Elguindy and Irene Elguindy) Mitchell J. Bates, for the Defendant Afrodite Elguindy Aziz Elguindy, not appearing or defending this action.

Before: Turnbull, J.

Addendum #2 to Judgment

[1] In the first addendum to this judgment, I ordered the parties to prepare an order and to have it issued and entered. I have since been informed by correspondence to the judicial secretarial office that the draft judgment has not been drafted and/or approved. Hence, I order the parties to appear before me to finalize this matter on Wednesday December 5, 2018 at 12:00 noon at the John Sopinka Courthouse, 45 Main Street East, Hamilton.

[2] I have also received correspondence from Mr. Elguindy which indicates that he and Mr. Orchard have agreed that Mr. Orchard need not follow the steps I outlined in my Addendum to Judgement issued September 13, 2018. I attach a copy of that correspondence to this ruling as Schedule A so that its contents are self-evident.

[3] In that document, Mr. Elguindy has had Mr. Orchard sign an agreement that the funds in court and to which Mr. Elguindy ordinarily would be entitled under the judgment, can be released to Mr. Elguindy. Frankly, this is simply a thinly disguised effort by Mr. Elguindy to circumvent the lawful distribution of funds to his judgment creditors.

[4] Mr. Bates has helpfully provided the court with a province wide search of registered Writs of Execution against the name of Emad Elguindy. That document showed a number of Writs of Execution registered against him filed in Milton and two filed in Brampton. Mr. Elguindy has submitted in one of his numerous pieces of correspondence to the court that the writs of execution have expired and in some cases there was no debt even owing by him to found a judgment.

[5] Mr. Elguindy has threatened to sue Mr. Bates for “intentionally causing mental distress”. He has criticized Mr. Bates for providing the court with the search of Writs of Execution (Schedule B). There is absolutely no foundation for such an alleged cause of action nor justification for the criticism of Mr. Bates. Mr. Bates has performed his professional duties in an appropriate manner, and in particular, as an officer of the court, he has done exactly what the court needs by providing it with Schedule B. I thank him for his assistance.

[6] I have been advised that no appeal has been taken from the judgment rendered in this matter. If that is the case, a draft judgment should be prepared for my signature permitting the $138,000 payable to Mrs. Elguindy to be paid out of court to her credit.

[7] That same draft judgment shall provide the following two paragraphs:

It is ordered that the Sheriff for the Region of Peel shall, after being assured that all applicable appeal periods have expired, on or after January 1, 2019 make demand and receive from the Accountant of the Superior Court of Justice the amount of $130,000 paid into court to the credit of this action and to which Emad Elguindy is otherwise entitled under this judgment, and from those proceeds satisfy all executions filed against Emad Elguindy in the districts of Halton and Peel for distribution under the Creditors’ Relief Act (CRA) . The remaining funds, if any, shall then be paid to Emad Elguindy.

It is ordered that for the purpose of the calculation of the pro-rata distribution under the CRA, the Regional Districts of Peel and Halton shall be treated as a singular district.

Turnbull, J. Released: November 21, 2018.