Endorsement
Court File No.: CV-22-00685222-0000
Date: 2025-04-24
Superior Court of Justice – Ontario
Re: Chicago Title Insurance Co., Plaintiff
– and –
Lukas Gabor and Katarina Rybarova, Defendants
Before: E.M. Morgan
Counsel:
Daniel Kraus, for the Plaintiff
Lukas Gabor and Katarina Rybarova, on their own behalf
Heard: April 24, 2025
Background
1The Plaintiff is a judgment creditor who obtained an Order from Associate Justice McGraw on September 4, 2023, compelling both Defendants to appear at judgment debtor examinations. They at first did not attend for the examination, and then, in February 2025, only Ms. Rybarova attended but gave numerous undertakings.
2The parties appeared before me on March 7, 2025, at which time Mr. Gabor assured me he would attend at the next appointment. I am now advised that Mr. Gabor did attend at the next examination, but that on April 5, 2025, he made an assignment into bankruptcy. As a consequence, the action is now stayed as against him.
Outstanding Undertakings
3Ms. Rybarova has apparently answered some of her undertakings, but Plaintiff’s counsel advises that there are still 12 undertakings whose answers are outstanding. Ms. Rybarova explains that they are for the most part matters that she cannot answer – e.g., to produce bank statements from an account that is long closed. I told her that it is her obligation to use her best efforts to answer or produce whatever she can, and if she cannot provide any answer then she must explain the circumstances of that to Plaintiff’s counsel. Ms. Rybarova said that she understands this obligation.
Adjournment and Next Steps
4The motion is adjourned sine die as against Mr. Gabor. The Plaintiff is at liberty to arrange for a new return date, and is to serve Mr. Gabor with a new Notice of that date, if and when the stay of proceedings is lifted.
5The Plaintiff and Ms. Rybarova will attend at a case conference before me on June 27, 2025, at 10:00 a.m. via Zoom. I will expect a full report on Ms. Rybarova’s undertakings, if any still remain outstanding at that time.
6A Zoom link will be sent to the parties in due course.
Costs
7Plaintiff’s counsel has requested that the Plaintiff be paid costs thrown away by Ms. Rybarova. He submits that the Plaintiff has gone to considerable expense having counsel draft materials for multiple appearances and prepare for and attend at examinations for which Ms. Rybarova did not show up.
8I understand the Plaintiff’s concern about the expense. But I also understand that Ms. Rybarova is under much financial strain herself. I will reserve my decision with respect to costs, to be addressed at the case conference on June 27th.
Date: April 24, 2025
E.M. Morgan