Court File and Parties
COURT FILE NO.: CV-2100670423-00CL
DATE: 20211217
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
RODERICK JOHN SUTTON and FOK HEI YU (in their capacity as Joint and Several Liquidators of Days Impex Limited and Days International Limited)
Plaintiffs/Moving Parties
– and –
MANESH NANIK DAYARAM also known as MANESH NANIK HATHIRAMANI, and SABINA HATHIRAMANI
Defendants/Responding Parties
COUNSEL:
A. Lewis, for the Plaintiffs/Moving Parties
D. Levangie, for the Defendants/Responding Parties
HEARD: December 15, 2021
ENDORSEMENT
McEWEN J.
[1] This matter appeared before me on December 15, 2021 for scheduling purposes.
[2] At that time I set the motion date. The motion will be heard April 5, 2022 at 10:00 a.m. for one half day.
[3] Counsel for Mr. Manesh Nanik Dayaram advised that his preparation for the motion is being hampered by the fact that Mr. Dayaram is currently incarcerated in Stanley Prison in Hong Kong.
[4] Mr. Levangie provided me with a copy of a letter, dated December 9, 2021 (attached as Schedule A to this Endorsement) that his firm recently sent to the Commissioner of Correctional Services requesting that the law firm be afforded regular unmonitored phone calls with Mr. Dayaram on an urgent basis.
[5] I agree with Mr. Levangie that Mr. Dayaram’s imprisonment in Hong Kong is resulting in difficulties in the firm and Mr. Dayaram maintaining solicitor and client contact and preparing for the very important motion.
[6] I request that the Commissioner of Correctional Services grant the access requested by Mr. Dayaram’s solicitors, or some form of enhanced access, so that Mr. Dayaram can meaningfully prepare for the April 5, 2022 motion.
[7] Any consideration in this regard would be appreciated.
McEwen J.
Released: December 17, 2021
Schedule A
COURT FILE NO.: CV-2100670423-00CL
DATE: 20211217
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
RODERICK JOHN SUTTON and FOK HEI YU (in their capacity as Joint and Several Liquidators of Days Impex Limited and Days International Limited)
Plaintiffs/Moving Parties
– AND –
MANESH NANIK DAYARAM also known as MANESH NANIK HATHIRAMANI, and SABINA HATHIRAMANI
Defendants/Responding Parties
ENDORSEMENT
McEwen, J.
Released: December 17, 2021