of that order, it is unlikely that any other assets of TCHI fall
outside of its scope to satisfy the cost orders obtained by Maple
Trust in its own litigation with TCHI from Justice Stinson and
from the Court of Appeal.
[53] The payment of those costs orders would have normally
been paid by TCHI as TCHI was bound to pay those cost orders.
Maple Trust is lawfully entitled to enforce writs of seizure and
sale for the non-payment of cost orders TCHI would have been
compelled to pay those cost orders voluntarily or involuntarily
through seizure of all funds in the 701 account in the absence of
the Mareva order.
[54] For these reasons, the motion of Maple Trust to vary
the Mareva injunction is granted. This order shall enable
Maple Trust to seize the funds in account number 0066701 in
the name of the Cash House Inc. under properly issued writs
of seizure and sale for those funds to be remitted according
to law.
[55] I encourage Maple Trust and Trade Capital to resolve the
costs of this motion between them. However, if either party
seeks its costs, that party shall make written submissions
by May 22, 2017, and the other party shall file responding materials on costs by June 5, 2017. All costs submissions shall be no
more than three double-spaced typewritten pages in length,
not including any bill of costs or offer to settle. There shall be
no reply submissions without leave. All written submissions may
be filed by faxing them to my judicial assistant, Priscilla
Gutierrez, at 905-456-4834 in Brampton.
Motion granted.
Konopaski v. Konopaski et al.
[Indexed as: Konopaski v. Konopaski]
2017 ONSC 2175
Superior Court of Justice, Bale J.
April 7, 2017
Corporations — Winding up — Parties’ business relationship breaking
down irrevocably — Appropriate remedy being order that respondent
purchase applicant’s interest in their joint enterprise at fair market
value — Order granted for equalization of commissions from parties’
investment business.
The parties owned companies through which they carried on an investment
business and other enterprises. They shared their business income (including
