Court File and Parties
COURT FILE NO.: CV-16-557121 DATE: 2021-12-10 SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Mohamed Zavahir and Fathima Zavahir, Plaintiffs – AND – Angelo Goncalo, Olivieiio Paulino, and Anna Paulino, Defendants
BEFORE: E.M. Morgan J.
COUNSEL: Ryan Taylor, for the Plaintiffs Anna Paulino, on her own behalf
HEARD: December 10, 2021
MOTION FOR CONTEMPT
1This is the fourth motion or case conference in which the Plaintiffs have tried to compel the Defendants Angelo Goncalo and Anna Paulino to attend to be examined in aid of execution. They initially failed to show up at the examination and have failed to show up at each court appearance since then, until today.
2Today, Anna Paulino did attend at the motion. She indicated that she has been living with family out of town and that only very recently did all of the documentation that the Plaintiffs have served come to her attention.
3The Plaintiffs are at liberty to serve Anna Paulino with any and all documents relating to this action by email at: annapaulino528@yahoo.com. She has confirmed that this is her address and that she does receive email there.
4The examination of Anna Paulino is now scheduled for January 10, 2022. Plaintiffs’ counsel will serve a Notice of that examination with instructions for attending by Zoom. I have advised Anna Paulino that this attendance is required, and that if she does not appear at the examination it is likely that she will face a motion for contempt.
5As for Angelo Goncalo, he failed to appear at the examination and at now four consecutive court appearances. Plaintiffs’ counsel has advised that he generally attempts to evade service of process, but that he has in fact been served each time after some effort by the Plaintiffs’ process server.
6I am separately issuing a Bench Warrant for Angelo Goncalo. His next appearance will consider an Order of contempt.
7Plaintiffs’ counsel may take out a formal Order and dispense with the need for any of the Defendants’ approval as to form and content.
Date: December 10, 2021 Morgan J.