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Court File No. CV-18-608271-00CL ONTARIO SUPERIOR

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Court File No. CV-18-608271-00CL ONTARIO SUPERIOR Court File No. CV-18-608271-00CL ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) B E T W E E N: GARY STEVENS, LINDA STEVENS and 1174365 ALBERTA LTD. Applicants – and – SANDY HUTCHENS, also known as SANDY CRAIG HUTCHENS, also known as S. CRAIG HUTCHENS, also known as CRAIG HUTCHENS, also known as MOISHE ALEXANDER BEN AVROHOM, also known as MOISHE ALEXANDER BEN AVRAHAM, also known as MOSHE ALEXANDER BEN AVROHOM, also known as FRED HAYES, also known as FRED MERCHANT, also known as ALEXANDER MACDONALD, also known as MATHEW KOVCE, also known as ED RYAN, and TANYA HUTCHENS, also known as TATIANA HUTCHENS, also known as TATIANA BRIK, also known as TANYA BRIK-HUTCHENS Respondents BOOK OF AUTHORITIES OF THE APPLICANTS (Motion to Appoint a Receiver returnable February 28, 2019) NECPAL LITIGATION PROFESSIONAL CORPORATION 171 John Street, Suite 101 Toronto, ON M5T 1X3 Fax: 1.866.495.8389 Justin Necpal (LSO#: 56126J) Tel: 416.646.2920 [email protected] Anisah Hassan (LSO#: 65919L) Tel: 416.646.1018 [email protected] Lawyers for the Applicants, Gary Stevens, Linda Stevens and 1174365 Alberta Ltd. INDEX Cases 1. Weig v. Weig, 2012 ONSC 7262, 2. Aly v. Tohamy, 2013 ONSC 7738 3. Miller v. Debartolo-Taylor, 2015 ONSC 5465 4. Carmen Alfano Family Trust v. Piersanti, 2011 ONSC 4971 5. Loblaw Brands Ltd. v. Thornton [2009] O.J. No. 1228 (S.C.J.) 6. Continental Casualty Co. v. Symons, 2016 ONSC 4555 7. Akagi v. Synergy Group (2000) Inc., 2015 ONCA 368 8. Chevron Corp. v. Yaiguaje, 2015 SCC 42 9. Mongolia v. Taskin, 2011 ONSC 6083, aff’d 2012 ONCA 220 10. Bank of Mongolia v. Taskin, 2012 ONCA 220 11. Continental Casualty Co. v. Symons, 2015 ONSC 6394 12. Oz Optics Ltd. v. Dimensional Communications Inc., [2004] O.J. No. 4543 13. Four Embarcadero Center Venture v. Mr. Greenjeans Corp (1988), 64 O.R. (2d) 746 (H.C.J.) 14. Arrowmaster Inc. v. Unique Forming Ltd. (1993), 17 O.R. (3d) 407 (Gen. Div.) 15. Blizzard v. Simpson, 2012 ONSC 4312 16. Disney Enterprises Inc. v. Click Enterprises Inc. (2006), 267 D.L.R. (4th) 291 (Ont. S.C.J.) 17. Johnson & Johnson Finance Corp. v. Kavoussi Estate, 2014 ONSC 2600 TAB 1 Weig v. Weig, 2012 ONSC 7262, 2012 CarswellOnt 16525 2012 ONSC 7262, 2012 CarswellOnt 16525, [2012] O.J. No. 6092... 2012 ONSC 7262 Ontario Superior Court of Justice [Commercial List] Weig v. Weig 2012 CarswellOnt 16525, 2012 ONSC 7262, [2012] O.J. No. 6092, 224 A.C.W.S. (3d) 338 Matvei Weig, Applicant and Roman Weig, Leib Broner, Lev Spitzin, Benjamin Finkelstein, 2014210 Ontario Ltd. c.o.b. Deluxe International Group, 2014052 Ontario Ltd. c.o.b. Deluxe Windows of Canada, 2014213 Ontario Ltd. c.o.b. Oakwood Fine Products, 1275330 Ontario Ltd., 973590 Ontario Ltd., Cleidons Deluxe Doors Inc., Cleidons Deluxe Windows Inc., Deluxe Developments International Inc., Deluxe Window Industries Inc., Deluxe Windows International Inc., Riz Management Inc., Royal Deluxe Profiles Limited, 1321867 Ontario Ltd., Northview Windows & Doors Inc., Evrica Enterprises Inc., Pride Windows and Doors Inc., 976017 Ontario Ltd., Floating Residence Inc., Oakwood Architectural Lumber Inc., Shrimp Deluxe Ltd., Vildrom Construction Ltd., Vimach Delux Arches Inc., Riga-22 Weg, LLC, MTI Ltd., California Deluxe Windows Industries, Inc., Wrought Iron Art Ltd., Royal Deluxe Windows International, Inc. (U.S.), Stone Mason and Architectural Carvers Creators Ltd., Roman W. Marketing and 1273268 Ontario Ltd., Respondents Sofia Weig and Faina Prupes, Applicants and Matvei Weig, Roman Weig, Leib Broner, Lev Spitzin, Benjamin Finkelstein, 2014210 Ontario Ltd. c.o.b. Deluxe International Group, 2014052 Ontario Ltd. c.o.b. Deluxe Windows of Canada, 2014213 Ontario Ltd. c.o.b. Oakwood Fine Products, 1275330 Ontario Ltd., 973590 Ontario Ltd., Cleidons Deluxe Doors Inc., Cleidons Deluxe Windows Inc., Deluxe Developments International Inc., Deluxe Window Industries Inc., Deluxe Windows International Inc., Riz Management Inc., Royal Deluxe Profiles Limited, 1321867 Ontario Ltd., Northview Windows & Doors Inc., Evrica Enterprises Inc., Pride Windows and Doors Inc., 976017 Ontario Ltd., Floating Residence Inc., Oakwood Architectural Lumber Inc., Shrimp Deluxe Ltd., Vildrom Construction Ltd., Vimach Delux Arches Inc., Riga-22 Weg, LLC, MTI Ltd., California Deluxe Windows Industries, Inc., Wrought Iron Art Ltd., Royal Deluxe Windows International, Inc. (U.S.), Stone Mason and Architectural Carvers Creators Ltd., Roman W. Marketing and 1273268 Ontario Ltd., Respondents D.M. Brown J. Heard: October 2, 2012; October 5, 2012 Judgment: December 21, 2012 Docket: 05-CL-5949, CV-11-9340-00CL Proceedings: additional reasons at Weig v. Weig (2013), 2013 CarswellOnt 2806, 2013 ONSC 1548 (Ont. S.C.J. [Commercial List]) Counsel: S. Rosen, for Matvei Weig B. Salsberg, for Respondents M. Wise, for Avital Weig, Frances Weig S. Zeitz, I. Klaiman, for Sofia Weig, Faina Prupes Subject: Corporate and Commercial; Civil Practice and Procedure; Insolvency; Contracts; Property Copyright © Thomson Reuters Canada Limited or its licensors (excluding individual court documents). All rights reserved. 1 Weig v. Weig, 2012 ONSC 7262, 2012 CarswellOnt 16525 2012 ONSC 7262, 2012 CarswellOnt 16525, [2012] O.J. No. 6092... MOTION by judgment creditor for appointment of receiver over assets, undertaking and properties of judgment debtor; APPLICATION by judgment debtor's wife for declarations that she held valid security interests in shares owned by judgment debtor in certain companies in priority to judgment creditor. D.M. Brown J.: I. Overview 1 Bitter litigation between two brothers, Matvei Weig and Roman Weig, was settled by an agreement dated March 19, 2007 in respect of which Matvei obtained from Spence J. a January 7, 2008 [Weig v. Deluxe Windows, 2008 CarswellOnt 8391 (Ont. S.C.J.)] judgment (the "Judgment"). The depth of the bitterness between the two brothers found expression in the following evidence given by Roman on his 2009 judgment debtor examination: Q. I'd like to know which companies from all of the companies that Matvei Weig sued are the ones who borrowed from the money? [Roman]. Who is Matvei Weig? Q. You don't know your brother, sir? A. Ah, my brother, he's not my brother. Q. Not your brother? A. No, he's my bloodsucker. 1 2 Roman has not paid the Judgment. Matvei now moves for the appointment of a receiver over all of the assets, undertaking and properties of Roman, together with directions and declarations in respect of certain assets which Matvei contends belong to Roman. Not surprisingly, Roman resists the motion. 3 Part of a second proceeding also was before me. Roman's wife, Sofia Weig, together with Faina Prupes, commenced an application (CV-11-9340-00CL) seeking declarations that they hold valid security interests in all of the shares owned by Roman and Lev Sptizin in Shrimp Deluxe Inc. and 2014210 Ontario Ltd. c.o.b. Deluxe International Group in priority to any rights of Matvei. At the hearing I was advised that Faina Prupes was not proceeding with her application at the time. 4 By endorsements dated May 23 and July 24, 2012, I gave directions for a one day hearing of the motion brought by Matvei and the application brought by Sofia and Faina. A "hybrid trial" of issues took place on October 2 and 5, 2012. In addition to the affidavits and transcripts previously filed, viva voce evidence was called. Both Avital Weig and Frances Weig were given the opportunity to file evidence. Avital did. Both were represented by counsel at the trial. II. Background history 5 In 2005 Matvei commenced litigation against his brother and the Deluxe Group of Companies. The details of that litigation were not placed before me. Ultimately the brothers entered into a settlement agreement. Matvei then obtained the Judgment to enforce the Settlement Agreement. Under the Judgment Roman was to pay Matvei: (i) $725,000, to be held in trust pursuant to the provisions of the Settlement Agreement; (ii) $355,000, to be paid "forthwith" to Matvei; and, (iii) $1,587,000, to be paid to Matvei by way of 12 monthly payments. Copyright © Thomson Reuters Canada Limited or its licensors (excluding individual court documents). All rights reserved. 2 Weig v. Weig, 2012 ONSC 7262, 2012 CarswellOnt 16525 2012 ONSC 7262, 2012 CarswellOnt 16525, [2012] O.J. No. 6092... The Judgment required Matvei, upon receipt of the $355,000, to deliver to Roman "his interests in the Deluxe Group and in the business in the Ukraine". 6 Roman appealed the Judgment. By order dated September 23, 2008 the Court of Appeal varied part of the Judgment — requiring Roman to provide a promissory note or guarantee as security for the payment of the $725,000 — but otherwise dismissed Roman's appeal. 7 Payment of the amounts due under the Judgment was tied to the timing of the disposition of an action against Matvei by Marina Bibik who had sued Matvei for damages for sexual assaults. By the terms of the promissory note, Roman was to pay Matvei the $725,000 "forthwith upon there being final determination" in the Bibik action. By consent order dated November 4, 2008, Conway J. ordered that "all monies, funds or payments to be paid or payble" to Matvei under the Judgment were to be held in trust "until such time as the plaintiff [Bibik] has obtained a judgment against the defendant Mickey Weig..." 8 In 2010 a jury held Matvei liable to Ms. Bibik for assault and battery and awarded her $468,969.18 in damages. The trial judge fixed costs in the amount of $150,000.00. By Reasons dated March 2, 2012 the Court of Appeal dismissed Matvei's appeal from that judgment. 2 Matvei also was convicted of criminal charges in relation to the assaults and served a term of imprisonment.
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