Court File and Parties

COURT FILE NO.: CV-98-141984 DATE: 2021-04-20 SUPERIOR COURT OF JUSTICE – ONTARIO

RE: MAGDA DE LA TORRE Plaintiff AND: 1093641 ONTARIO LIMITED Defendant

BEFORE: Mr. Justice Chalmers

COUNSEL: F. Dickson for the Plaintiff J. Irving, for the Defendant M. Marchioni, previous counsel for the Defendant R. Sleightholm, for non-party Evanov Communications Inc.

HEARD: April 20, 2021, by videoconference

Endorsement

[1] On June 13, 2013, Justice McEwan granted judgment in favour of the Plaintiff in the amount of $162,567.78 inclusive of claims, pre-judgment interest and costs. No payments were made by the Defendants with respect to the judgment. The current amount owing inclusive of post judgment interest at the rate of 3% per annum is $199,145.53. More than six years have passed since judgment was granted. The Plaintiff brings this motion for leave to issue a writ of seizure and sale pursuant to R. 60.07 (2) of the Rules of Civil Procedure and for leave to issue a Notice of Garnishment pursuant to R. 60.08(2). The Plaintiff also seeks a tracing order with respect to all funds paid out by 1093641 Ontario Ltd., to its shareholders pursuant to s. 38(3) of the Business Corporations Act (Ontario).

[2] This matter came before Justice Myers on short motion triage. By endorsement dated March 22, 2021, he convened a case conference to allow for a fair and efficient process to move forward in the resolution of the dispute.

[3] Counsel for the Plaintiff/Judgment Creditor seeks a date for a single motion to deal with all relief sought. I am satisfied that it is most efficient to proceed to a motion before a judge who can deal with the motion for leave as well as the relief sought pursuant to s. 38(3) of the OBCA. After consulting with counsel, the motion is scheduled for August 31, 2021 for a half-day appointment.

[4] On consent the following timetable is established:

• Moving party’s motion record to be delivered by May 21, 2021;
• Responding motion record to be delivered by June 21, 2021;
• Cross examinations on affidavits to be completed by July 16, 2021; and
• Delivery of factums in accordance with the Rules.

[5] Counsel for the Defendant/Judgment Debtor stated that he will seek instructions to bring a motion for security for costs. If the motion is brought it will be heard at the same time as the Plaintiff/judgment creditor’s motion on August 31, 2021.

DATE: APRIL 20, 2021