ONTARIO SUPERIOR COURT OF JUSTICE

COURT FILE NO.: CV-19 629644

DATE: 20200319

B E T W E E N:

NICOLE MORRIS, Judgment Creditor

– and –

SIGE ARSENE ONCA and ONCA CAPITAL INC., Judgment Debtors

BEFORE: F.L. Myers J.

COUNSEL: Daniel Ciarabellini, for the Applicant

READ: March 19, 2020

endorsement

[1] The judgment creditor moves for urgent relief to prevent the judgment debtors from continuing to ignore court orders and to repay funds that they obtained from her by fraud. The judgment creditor says that she is at risk of defaulting on a real estate transaction with an impending closing and urgently needs her funds. She has evidence that the judgment debtors are actively moving assets abroad to avoid enforcement efforts. The matter is time sensitive and urgent within the meaning of the Notice to the Profession released by the Chief Justice of the Superior Court of Justice dated March 15, 2020.

[2] I will convene a case conference by telephone with counsel for the judgment creditor and the judgment debtors to discuss process issues for the proposed hearing. The parties are on notice that pursuant to Rule 50.13(6) of the Rules of Civil Procedure, RRO 1990, Reg 194, as a result of the case conference I may make any orders required to ensure that the hearing proceeds efficiently.

[3] The case conference will be heard at 10:00 a.m. on Monday, March 23, 2020. The Motions Coordinator will provide notice of the call-in details.

[4] Service of any materials for this motion may be made by email and shall be deemed effective on the date the email is sent or, if sent after 4:00 p.m., on the next day. No acknowledgement of receipt for email service is required for this motion. Service of materials seeking relief by way of contempt of court and a writ of sequestration shall be discussed at the case conference.

[5] The judgment creditor is directed to propose a schedule for delivery of evidence and the exchange of legal briefs (factums) to the judgment debtors by email prior to the case conference and to file with the court, prior to the case conference, a copy of any agreed upon schedule or, in default of agreement, her proposed schedule.

[6] All evidence, motion records, and factums shall be filed with the court by delivering them as attachments to an email to the other parties and the Motions Coordinator in searchable PDF format. No Books of Authority or statutory materials are to be sent to the other parties or the Motions Coordinator. References to case law or statutory material shall be made by hyperlinks contained in the parties’ factums or in a separate list of authorities.

[7] The hearing of the motion will be held by telephone conference on a line to be provided by the Motions Coordinator. The parties and the presiding judge may use videoconference technology (whether Skype or Microsoft Teams or otherwise) as may be available to them all and acceptable to the presiding judge.

[8] Upon the courthouse reopening to the public, each party shall file with the Civil Motions Office a hard copy of all the material he, she, or it delivered electronically for this motion, with proof of service, and pay the appropriate fees therefor.

[9] This endorsement is effective when made. No formal order is required.

[10] All parties are given notice that:

a. The presiding judge may convene one or more case conferences and make all orders as he or she deems appropriate under Rule 53.10(6) to ensure the efficient hearing of the urgent application that is the subject of this endorsement; and

b. The outcome of the application whether conveyed in typed or handwritten format is an order of the court enforceable by law from the moment it is released regardless of whether a signed order is signed or entered with the court;

c. All of the provisions of this order may be varied by the presiding judge on such terms and he or she deems just; and

d. All case conferences and hearings may be recorded for the court’s purposes.

F.L. Myers J.

Date: March 19, 2020