Court File and Parties

COURT FILE NO.: CV-21-00667310

DATE: 20211005

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: ASIAN FOOD CENTRE INC., 2421726 ONTARIO INC., 2221596 ONTARIO INC., 2481595 ONTARIO LIMITED, 1638011 ONTARIO INC., 2453709 ONTARIO INC., 1660182 ONTARIO INC., 1214174 ONTARIO INC., and 2372405 ONTARIO INC.

Plaintiffs/Moving Parties

• and -

HARCHARAN SINGH JAGGI, VARINDER KAUR, GURSIMAR SINGH JAGGI, ARSHPREET JAGGI, LSC SERVICES & SOLUTIONS INC., 2697203 ONTARIO INC., 2767119 ONTARIO INC., 2445263 ONTARIO INC., ASHWANI TANEJA, KIRAN TANEJA, SRISHTI TANEJA, 1666463 ONTARIO INC., SODDY HEATING & AIR CONDITIONING LTD., HARJINDER SINGH SODDY and PREETI SODDY

Defendants/Responding Parties

BEFORE: Mr. Justice Chalmers

COUNSEL: T. Gordner for the Plaintiffs/Moving Parties

M. Ross former counsel for the Defendants Harcharan Singh Jaggi, Varinder Kaur, Gursimar Singh Jaggi, Arshpreet Jaggi, LSC Services & Solutions Inc., 2697203 Ontario Inc., 2767119 Ontario Inc.

No one appearing for the remaining Defendants.

HEARD: OCTOBER 5, 2021, by teleconference

ENDORSEMENT

[1] On August 19, 2021, Myers, J. granted two orders to the Plaintiffs: a Mareva Injunction/Norwich Order and an Amending Order.

[2] The matter first came before me on August 26, 2021. The Plaintiff sought an order extending the Orders of Myers, J., and for production of all bank accounts of 2767119 Ontario Inc. with the Bank of Montreal from September 8, 2021. The Jaggi Defendants sought a variance of the Mareva injunction to unfreeze the account of the Defendant, 2767119 Ontario Inc. to allow business transactions from the account in the ordinary course, and for an order that the Plaintiffs not interfere with third party suppliers supplying in the ordinary course of business. The Jaggi Defendants also sought a variation of the Orders to allow for the payment of their legal expenses. The matters proceeded on consent. By Order dated August 26, 2021, I granted the relief sought.

[3] The Plaintiffs bring a motion to vary the Mareva injunction, to unfreeze the accounts of 2445263 Ontario Inc. to allow for the operation of the Asian Food Company Torbram store. Counsel for the Plaintiffs advises that 2445263 Ontario Inc. is not represented in this action. 2445263 Ontario Inc. is owned by Jagdeish Singh Deo, a director of the Plaintiff corporations, and the Defendant, Ashwani Taneja.

[4] The motion record was served on all Defendants with the exception of Soddy Heating & Air Conditioning Ltd, Harjinder Singh Soddy and Preeti Soddy. Those Defendants were not subject to the Mareva injunction and have no interest in the motion. The other Defendants were advised of the conference call today. The Plaintiff did not receive a response to the motion. No one attended the conference call today on behalf of the Defendants.

[5] The Plaintiffs’ motion to vary the Mareva injunction will allow for the operation of the Asian Foods Torbram store. I grant the relief sought and vary the order to unfreeze the account of the Defendant, 2445263 Ontario Inc., at the Bank of Nova Scotia bearing account #93922 00958 18 and to permit all banking transactions from this account in the ordinary course until further order of this court. Costs of the motion are reserved to the trial judge.

[6] Mr. Ross, counsel for the Defendants, Harcharan Singh Jaggi, Varinder Kaur, Gursimar Singh Jaggi, Arshpreet Jaggi, LSC Services & Solutions Inc., 2697203 Ontario Inc., 2767119 Ontario Inc., brings a motion to be removed as counsel of record. The clients consent to the relief sought.

[7] I grant the relief sought. I order that after payment of the firm’s final account, the balance of the funds held in trust by counsel shall be paid to Varinder Kaur’s account at TD Canada Trust, account no. 7594-6025562, which funds and account will remain subject to the Mareva order of Justice Myers dated August 19, 2021. There are no costs of this motion.

[8] The orders shall go in accordance with the draft Orders filed and signed by me.

DATE: October 5, 2021