Court File and Parties
Court File No.: CV-20-00638384-00CP Date: 2024-05-16 Superior Court of Justice - Ontario
Re: IAN MCDONALD, JONATHAN DE VOS, and ANDRE NEUENDORFF, Plaintiffs – and – GUYANA GOLDFIELDS INC, and SCOTT CALDWELL, Defendants
Before: Justice E.M. Morgan
Counsel: Albert Pelletier, for the Plaintiffs Sarah Armstrong and Carolyn Flanagan, for the Defendant, Guyana Goldfields Leanne Grupposo, for the Defendant, Scott Caldwell
Heard: May 16, 2024
Endorsement
[1]
Overview
Counsel for the Plaintiff seeks an Order confirming personal service, or permitting substituted service, of the Plaintiffs’ Rule 30.10 Motion Record for Production of Information, on Patrick Sheridan, a non-Party to this action. The evidence in the record shows a strong suggestion that Mr. Sheridan, a former executive of the corporate Defendant, has been evading service.
2Counsel for both Defendants are in attendance today. They take no position on the relief sought by the Plaintiff. Their only concern is that when the more substantive motion for which Mr. Sheridan’s evidence is sought is brought by the Plaintiffs, a hearing should be scheduled with their input. Plaintiffs’ counsel agrees that any contested motion will be done with a hearing and not be submitted in writing only.
[3]
Service of the Motion Record
Mr. Sheridan resides in the U.K., but carries on business as an officer of a TSX listed company whose offices are on Adelaide Street in Toronto. On April 26, 2024, the Plaintiffs served their motion record on Mr. Sheridan by leaving it with a person who received it at his place of business. Under Rule 16.02 (1)(e) of the Rules of Civil Procedure, this constitutes personal service and is effective.
4Mr. Sheridan has responded to Plaintiff’s counsel by asking them to be in touch with his Canadian lawyers at Lenczner Slaght. However, Lenczners has indicated that they have not been retained by Mr. Sheridan and so have not responded to the motion served on him. No one has attended on Mr. Sheridan’s behalf today, and Mr. Sheridan has not appeared himself.
5Although I do not think that it is necessary, Plaintiffs’ counsel has asked me, for greater certainty, to validate the service on Mr. Sheridan under Rule 16.08 of the Rules of Civil Procedure. I hereby do so. The record makes it clear that the material has come to Mr. Sheridan’s notice, as required under Rule 16.08(a). This includes notice of today’s hearing. Service of the Rule 30.10 motion record on Mr. Sheridan was effected and is valid as of April 26, 2024.
6Mr. Sheridan has now been served with the Plaintiff’s motion materials. If he does not respond to Plaintiffs’ counsel, either personally or through counsel prepared to go on the record for him, within 30 days of today, Plaintiffs’ counsel will be free to take out any remedy available to them as against Mr. Sheridan, and to proceed with their motion by scheduling it with my assistant in cooperation with Defendants’ counsel. I will endeavor to make myself available for a case conference if need be.
[7]
Costs
Plaintiffs’ counsel further seeks costs of today’s appearance to be ordered against Mr. Sheridan in the amount of $2,000. That is a reasonable request. Given the evidence that Mr. Sheridan has been engaged in a bit of a cat-and-mouse with this action, the Plaintiffs have been put to unnecessary costs in having to bring this motion and attend today.
8Mr. Sheridan shall pay the Plaintiffs costs in the amount of $2,000, payable within 30 days of today.
Date: May 16, 2024 Morgan J.