Court File and Parties
COURT FILE NO.: CV-20-652919
DATE: 20210804
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: ROGERS COMMUNICATIONS CANADA INC.
AND:
ACTIVE SECURITY AND CABLE INC. and NARESH MOHABIR
BEFORE: Mr. Justice Chalmers
COUNSEL: M. Byers and J. Shneer for the Applicant
T. Nguyen, for the Respondents
HEARD: August 4, 2021, by teleconference
ENDORSEMENT
[1] The Application was scheduled to be heard by Ramsay, J. on July 15, 2021. Before the hearing date, the Applicant received further documentation from the Respondents. The documents indicate that payments were made to third parties after I ordered an injunction on December 11, 2020. Two withdrawals were made from the Active Security bank account on December 17, 2020, and one withdrawal was made on December 22, 2020. Active Security states that the cheques were sent before the injunction was granted but the recipients cashed the cheques after the injunction was granted. I note that the Respondents did not put a stop payment on the cheques or advise the recipients to not cash the cheques after I ordered the injunction. The Applicant requested an adjournment of the Application to allow it to bring a motion for production of further documentation relating the payments to the third parties.
[2] I have been performing a case management function for the Application. I will hear the motion for the production of documents. The motion is scheduled for October 5, 2021 for two hours. Pursuant to the endorsement of Ramsay, J., the Applicant shall serve its motion record by August 6, 2021 and the responding record shall be served by August 31, 2021. If cross examinations are required, they are to be completed by September 15, 2021. The factums are to be delivered in accordance with the Rules.
[3] The Applicant has been in discussions with the third parties who received the funds after the injunction was granted. One or more may consent to the payment of the funds into court. I advised counsel for the Applicant that if there is consent, an order to have the funds paid into court may be sent to me for signing.
DATE: August 4, 2021