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Taylor Court Orders
Order appointing Receiver of James Kevin Taylor, Rosetta Debartolo-Taylor and 2070935 Ontario Inc. dated May 2nd, 2015 and expanded and clarified on August 18th, 2016. Published by Pat Robinson Inc. - Receiver
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Save Taylor Orders For Later Coutt File No. CV-12-111399-00
ONTARIO
SUPERIOR COURT OF JUSTICE _
» ueencsAy ot
‘THE HONOURABLE MADAME. ) MONDAY, THE # DAY
JUSTICE VALLER ) OF FEY, 2015 yy
~“Sefremeer
SUZANNE MILLER
Plaintiff
~ and -
: JAMES KEVIN TAYLOR,
1 ROSETTA DEBARTOLO-TAYLOR
and 2070935 ONTARIO INC.
‘Defendant
ORDER
(appointing Receiver)
i THIS MOTION made by the Plaintiff for an Order pursuant to section 243(1) of the
Bankruptcy and Insolvency Act, R.S.C. 1985, ¢. B-3, as amended (the "BIA") and section 101 of
the Courts of Justice Act, RS.0. 1990, c, C43, as amended (the “CTA") appointing PAT
ROBINSON INC. as receiver [and manager] (in such capacities, the "Reveiver’) without
security, of all of the assets, including undertakings and properties of JAMES KEVIN TAYLOR,
(the "Debtor") acquired for, or used in relation to a business carried on by the Debtor, was heard
this day at 50 Eagle St, Newmarket, , Ontario.
ON READING the affidavit of SUZANNE MILLER swom July 7, 2015 and the Exhibits,
thereto and on hearing the submissions of counsel for DEFENDANTS, and on reading the
consent of PAT ROBINSON INC. to act as the Receiver,
CERTIFIED A TRUE COPY
‘COPIE AUTBENTIQUE CERTIFEE
Local ? Oo
Greffier Local
Superior Court of Justice
Cour supesidure de justiceAPPOINTMENT
1. THIS COURT ORDERS that pursuant to section 243(1) of the BIA and section 101 of the
CIA, PAT ROBINSON INC. is hereby appointed Receiver, without security, for all ofthe assets,
inchuding undertakings and properties of the Debtor acquired for, or used in relation to a business
carried on by the Debtor, including all proceeds thereof (the "Property") and over the property of
the Debtor located at 310 Chambers Crescent, Newmarket, Ontario.
RECEIVER'S POWERS
2. ‘THIS COURT ORDERS that the Receiver is hereby empowered and authorized, but not
obligated, to act at once in respect of the Property and, without in any way limiting the generality
of the foregoing, the Receiver is hereby expressly empowered and authorized to do any of the
following where the Receiver considers it necessary or desirable:
(@) to take possession of and exercise control over the Property and any and
all proceeds, receipts and disbursements rising out of or from the
Property;
(©) toreceive, preserve, and protect the Property, or any part or parts thereof,
including, but not limited to, the changing of locks and security codes, the
relocating of Property to safeguard it, the engaging of independent
security personnel, the taking of physical inventories and the placement of
such insurance coverage as may be necessary or desirable;
© tomanage, operate, and carry on the business of the Debtor, including the
powers to enter into any agreements, incur any obligations in the ordinary
course of business, cease to carry on all or any part of the business, or
‘cease to perform any contracts of the Debtor,
(@) to engage consultants, appraisers, agents, experts, auditors, sccountazts,
managers, counsel and such other persons from time to time and on
‘whatever basis, including on a temporary basis, to assist with the exercise
poceToR: 17717408©
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DOCSTOR: 7717829
of the Receiver’s powers and duties, including without limitation those
conferred by this Order,
to purchase or lease such machinery, equipment, inventories, supplies,
premises or other assets to continue the business of the Debtor or any part
or parts thereof,
to reveive and collect all monies and accounts now owed or hereafter
owing to the Debtor and to exercise all remedies of the Debtor in
collecting such monies, inchiding, without limitation, to enforce any
security held by the Debtor,
to settle, extend or compromise any indebtedness owing to the Debtor;
to execute, assign, issue and endorse documents of whatever nature in
respect of any of the Property, whether in the Receiver’s name or in the
‘ame and on behalf of the Debtor, for any purpose pursuant to this Order,
to initiate, prosecute and contimie the prosecution of any and all
proceedings and to defend all proceedings now pending or hereafter
instituted with respect to the Debtor, the Property or the Receiver, and to
settle or compromise any such proceedings.’ The authority hereby
conveyed shall extend to such appeals or applications for judicial review
in sespect of any order or judgment pronounced in any such proceeding;
to market any or all of the Property, including advertising and soliciting
offers in respect of the Property or any part or parts thereof and
negotiating such terms and conditions of sale as the Receiver in its
discretion may deem appropriate;
to sell, convey, transfer, lease or assign the Property or any part or parts
thereof out ofthe ordinary course of business,o
(a)
@
©)
@ without the approval of this Court in respect of any transaction not
exceeding $50,000.00, provided that the aggregate consideration
for all such transactions does not exceed $300,000.00; and
Gi) with the approval of this Court in respect of any transaction in
which the purchase price or the aggregate purchase price exceeds
the applicable amount set out in the preceding clause;
and in each such case notice under subsection 63(4) of the Ontario
Personal Property Security Act, [or section 31 of the Ontario Mortgages
Act, as the case may be,]° shall not be required, and in each case the
Ontario Bulk Sales Act shall not apply.
to apply for any vesting order or other orders necessary to convey the
Property or any part or parts thereof to a purchaser or purchasers thereof,
free and clear of any liens or encumbrances affecting such Property;
to report to, meet with and discuss with such affected Persons (as defined
below) as the Receiver deems appropriate on all matters relating to the
Property and the receivership, and to share information, subject to such
terms as to confidentiality as the Receiver deems advisable;
to register a copy of this Order and any other Orders in respect of the
Property against ttle to any of the Property;
to apply for any permits, licences, approvals or permissions as may be
required by any governmental authority and any renewals thereof for and
behalf of and, if thought desirable by the Receiver, in the name of the
Debtor;
to enter into agreements with any trustee in bankruptcy appointed in
respect of the Debtor, including, without limiting the generality of the
ocston: 1717429foregoing, the ability to enter into occupation agreements for any property
‘owned or leased by the Debtor;
(p) to exercise any shareholder, partnership, joint venture or other rights
which the Debtor may have; and
(@ to take any steps reasonably incidental 10 the exercise of these powers or
the performance of any statutory obligations.
and in cach case where the Receiver takes any such actions or steps, it shall be exclusively
authorized and empowered to do so, to the exclusion of all other Persons (as defined below),
including the Debtor, and without interference from any other Person
DUTY TO PROVIDE ACCESS AND CO-OPERATION TO THE RECEIVER
3. THIS COURT ORDERS that (i) the Debtor, (ji) all of its current and former directors,
officers, employees, agents, accountants, legal counsel and shareholders, and all other persons
acting on its instructions or behalf, and (iil) all other individuals, firms, corporations,
‘governmental bodies or agencies, or other entities having notice of this Order (all of the
foregoing, collectively, being "Persons" and each being a "Person") shall forthwith advise the
Receiver of the existence of any Property in such Person's possession or control, shall grant
immediate and continued access to the Property to the Receiver, and shall deliver all such
Property to the Receiver upon the Receiver's request.
4. THIS COURT ORDERS that all Persons shall forthwith advise the Receiver of the existence
of any books, documents, securities, contracts, orders, corporate and accounting records, and any
‘other papers, records and information of any kind releted to the business or affairs of the Debtor,
‘and any computer programs, computer tapes, computer disks, or other data storage media
containing any such information (the foregoing, collectively, the "Records") in that Person's
possession or control, and shall provide to the Receiver or permit the Receiver to make, retain
and take away copies thereof and grant to the Receiver unfettered access to and use of
accounting, computer, software and physical facilities relating thereto, provided however that
nothing in this paragraph 5 or in paragraph 6 of this Order shall require the delivery of Records,
or the granting of access to Records, which may not be disclosed or provided to the Receiver due
pocstoR: 177429-6-
to the privilege attaching to solicitor-client communication or due to statutory provisions
prohibiting such disclosure,
5. THIS COURT ORDERS that if any Records are stored or otherwise contained on a
‘computer or other electronic system of information storage, whether by independent service
provider or otherwise, all Persons in possession ot contro! of such Records shall forthwith give
unfettered access to the Receiver for the purpose of allowing the Receiver to recover and fally
copy all of the information contained therein whether by way of printing the information onto
paper or making copies of computer disks or such other manner of retrieving and copying the
information as the Receiver in its discretion deems expedient, and shall not alter, erase or destroy
any Records without the prior writtea consent of the Receiver. Further, for the purposes of this
‘paragraph, all Persons shall provide the Receiver with all such assistance in gaining immediate
‘access to the information in the Records as the Receiver may in its discretion require including
providing the Receiver with instructions on the use of any computer or other system and
providing the Receiver with any and all access codes, account names and account numbers that
aay be required to gain access to the information.
6 THIS COURT ORDERS that the Receiver shall provide each of the relevant landlords
with notice of the Receiver’s intention to remove any fixtures from any leased premises at least
seven (7) days prior to the date of the intended removal. ‘The relevant landlord shall be entitled
to have a representative present in the leased premises to observe such removal and, if the
landlord disputes the Receiver’s entitlement to remove any such fixture under the provisions of
the lease, such fixture shall remain on the premises and shall be deat with as agreed between any
applicable secured creditors, such landlord and the Receiver, or by further Order of this Court
upon application by the Receiver on at least two (2) days notice to such landlord and any such
secured creditors
NO PROCEEDINGS AGAINST THE RECEIVER
7. THIS COURT ORDERS that no proceeding or enforcement process in any court or
tribunal (each, @ "Proceeding"), shall be commenced or continued against the Receiver except
with the written consent of the Receiver or with leave of this Court.
DoceroR i717829<7
NO PROCEEDINGS AGAINST THE DEBTOR OR THE PROPERTY
8 THIS COURT ORDERS that no Proceeding against or in respect of the Debtor or the
Property shall be commenced or continued except with the written consent of the Receiver or
with leave of this Court and any and all Proceedings currently under way against or in respect of
the Debtor or the Property are hereby stayed and suspended pending further Order of this Court
NO EXERCISE OF RIGHTS OR REMEDIES
9, THIS COURT ORDERS that all sights and remedies against the Debtor, the Receiver, or
affecting the Property, are hereby stayed and suspended except with the written consent of the
Receiver or leave of this Court, provided however that this stay and suspension does not apply in
respect of any “eligible financial contract” as defined in the BIA, and further provided that
nothing in this paragraph shall (i) empower the Receiver or the Debtor to carry on any business
which the Debtor is not lawfully entitled to carry on, (ii) exemipt the Receiver or the Debtor from
‘compliance with statutory or regulatory provisions relating to health, safety or the environment,
(ii) prevent the filing of any registration to preserve or perfect a security interest, or (iv) prevent
the registration of 2 claim for lien.
NO INTERFERENCE WITH THE RECEIVER
10, THIS COURT ORDERS that no Person shall discontinue, fail to honour, alter, interfere
with, repudiate, terminate or cease to perform any right, renewal right, contract, agreement,
licence or permit in favour of or held by the Debtor, without written consent of the Receiver or
leave of this Court
CONTINUATION OF SERVICES
IL ‘THIS COURT ORDERS that all Persons having oral or written agreements with the
Debtor or statutory or regulatory mandates for the supply of goods sndior services, including,
‘without limitation, all computer software, communication and other data services, centralized
banking services, payroll services, insurance, transportation services, utility or other services to
the Debtor are hereby restrained until further Order of this Court from discontinuing, altering,
interfering with or terminating the supply of such goods or services as may be required by the
Receiver, and that the Receiver shall be entitled to the continued use of the Debtor's curreat
ocsToR: 1717489-8-
telephone numbers, facsimile mumbers, internet addresses and domain names, provided in each
‘case thatthe normal prices or charges for all such goods or services received after the date of this,
Order are paid by the Receiver in accordance with normal payment practices of the Debtor or
such other practices es may be agreed upon by the supplier or service provider and the Receiver,
‘or as may be ordered by this Court.
RECEIVER TO HOLD FUNDS
12, THIS COURT ORDERS that all funds, monies, cheques, instruments, and other forms of
payments received or collected by the Receiver from and after the making of this Order from any
source whatsoever, including without limitation the sale of all or any of the Property and the
collection of any accounts receivable in whole or in part, whether in existence on the date of this
Order or bereafter coming into existence, shall be deposited into one or more new accounts to be
opened by the Receiver (the "Post Receivership Accounts") and the monies standing to the eredit
of such Post Receivership Accounts from time to time, net of any disbursements provided for
herein, shall be held by the Receiver to be paid in accordance with the terms of this Order or any
farther Order of this Court.
EMPLOYEES
13, THIS COURT ORDERS that all employees of the Debtor shall remain the employees of
the Debtor until such time as the Receiver, on the Debtor's behalf, may terminate the
employment of such employees. The Receiver shall not be liable for any employee-related
liabilities, including any successor employer liabilities as provided for in section 14.06(1.2) of
the BIA, other than such amounts as the Receiver may specifically agree in writing to pay, or in
respect of its obligations under sections 81.4(5) or 81.6(3) of the BIA or under the Wage Earner
Protection Program Act.
PIPEDA
14 THIS COURT ORDERS that, pursuant to clause 7(3)(c) of the Canada Personal
Information Protection and Electronic Documents Act, the Receiver shall disclose personal
inforination of identifiable individuals to prospective purchasers or bidders for the Property and
to their advisors, but only to the extent desirable or required to negotiate and attempt to complete
‘one or more sales of the Property (each, a *Sale*). Each prospective purchaser or bidder to
pocston. 17717428whom such personal information is disclosed shell maintain and protect the privacy of such
information and limit the use of such information to its evaluation of the Sale, and if it does not
complete a Sale, shall return all such information to the Receiver, or in the alternative destroy all
such information, The purchaser of any Property shall be entitled to continue to use the personal
information provided to it, and related to the Property purchased, in a manner which is in all
material respects identical to the prior use of such information by the Debtor, and shall return all
other personal information to the Receiver, or ensure that all other personal information is
destroyed.
LIMITATION ON ENVIRONMENTAL LIABILITIES
15, THIS COURT ORDERS that nothing herein contained shall require the Receiver to
occupy or to take control, care, charge, possession or management (separately and/or
collectively, "Possession") of any of the Property that might be environmentally contaminated,
might be a pollutant or a contaminant, or might cause or contribute to a spill, discharge, release
or deposit of a substance contrary to any federal, provincial or other lew respecting the
protection, conservation, enhancement, remediation or rehabilitation of the environment or
relating to the disposal of waste or other contamination including, without limitation, the
Canadian Environmental Protection Act, the Ontatio Environmental Protection Act, the Ontario
Water Resources Act, ot the Ontario Occupational Health and Safety Act and regulations
therounder (the "Environmental Legislation"), provided however that nothing herein shall
‘exempt the Receiver from any duty to report or make disclosure imposed by applicable
Environmental Legislation. The Receiver shall not, as a result of this Order or anything done in
pursuance of the Receiver's duties and powers under this Order, be deemed to be in Possession of
any of the Property within the meaning of any Environmental Legislation, unless it is actually in
possession.
LIMITATION ON THE RECEIVER'S LIABILITY
16. ‘THIS COURT ORDERS that the Receiver stall incur no liability or obligation as a
result of its appointment or the carrying out the provisions of this Order, save and except for any
‘gross negligence or wilful misconduct on its pert, or in respect of its obligations under sections
81.4(5) or 81.6(3) of the BIA or under the Wage Earner Protection Program Act. Nothing in
pocstor 17717428-10-
this Order shall derogate from the protections afforded the Receiver by section 14.06 of the BIA.
or by any other applicable legislation.
RECEIVER'S ACCOUNTS.
17. ‘THIS COURT ORDERS that the Receiver and counsel to the Receiver shall be paid
their reasonable fees and disbursements, in each casc at their standard rates and charges unless
otherwise ordered by the Court on the passing of accounts, and that the Receiver and counsel to
the Receiver shall be entitled to and are hereby granted a charge {the "Receiver's Charge”) on the
Property, as security for such fees and disbursements, both before and after the making of this
Order in respect of these proceedings, end that the Receiver's Charge shall form a first charge on
the Property in priority to all security interests, truss, liens, charges and encumbrances, statutory
or otherwise, in favour of any Person, but subject to sections 14.06(7), 81.4(4), and 81.6(2) of the
BIA*
18, THIS COURT ORDERS that the Receiver and its legal counsel shall pass its accounts
from time to time, and for this purpose the accounts of the Receiver and its legal counsel are
hereby referred to a judge of the Ontario Superior Court of Justice.
19. THIS COURT ORDERS that prior to the passing of its accounts, the Receiver shall be
at liberty from time to time to apply reasonable amounts, out of the monies in its hands, against
its fees and disbursements, including legal fees and disbursements, incurred at the standard rates
and charges of the Receiver or its counsel, and such amounts shall constitute advances against its
remuneration and disbursements when and as approved by this Cour.
FUNDING OF THE RECEIVERSHIP
20. ‘THIS COURT ORDERS that the Receiver be at liberty and it is hereby empowered to
borrow by way of a revolving credit or otherwise, such monies from time to time as it may
consider necessary or desirable, provided that the outstanding principal amount does not exceed
$100,000.00 (or such greater amount as this Court may by further Order authorize) at any time,
at such rate or rates of interest as it dooms advisable for such period or poriods of time as it may
pocstoR: 17717219“ue
arrange, for the purpose of funding the exercise of the powers and duties conferred upon the
Receiver by this Order, including interim expenditures. The whole of the Property shall be and
is hereby charged by way of a fixed and specific charge (the "Recciver's Borrowings Charge") as
security for the payment of the monies borrowed, together with interest and charges thereon, in
priority to all security intecests, trusts, liens, charges and encumbrances, statutory or otherwise,
in favour of any Person, but subordinate in priority to the Receiver’s Charge and the charges as
‘set out in sections 14.06(7), 81.4(4), and 81.6(2) of the BLA.
21. THIS COURT ORDERS that neither the Receiver's Borrowings Charge nor any other
security granted by the Receiver in connection with its borrowings under this Order shell be
enforced without leave of this Court
22, ‘THIS COURT ORDERS that the Receiver is at liberty and authorized to issue certificates
substantially in the form annexed as Schedule "A" hereto (the "Receiver’s Certificates") for any
amount borrowed by it pursuant to this Order.
23, THIS COURT ORDERS that the monies from time to time borrowed by the Receiver
‘pursuant to this Order or any further order of this Court and any and all Receiver's Certificates
evidencing the same or any part thereof shall rank on a pari passu basis, unless otherwise agreed
to by the holders of any prior issued Reoeiver's Certificates.
SERVICE AND NOTICE
24, THIS COURT ORDERS that if the service or distribution of documents in accordance
‘with the Protocol is not practicable, the Receiver is at liberty to serve or distribute this Order, any
cher materials and orders in these proceedings, any notices or other correspondence, by
forwarding true copies thereof by prepaid ordinary mail, courier, personal delivery or facsimile
transmission to the Debtor's creditors or other interested parties at their respective addresses as
last shown on the records of the Debtor and that any such service or distribution by courier,
personal delivery or facsimile transmission shall be deemed to be received on the next business
day following the date of forwarding thereof, or if sent by ordinary mail, on the third business
day aftor mailing,
bocsToR: 1771769-12-
GENERAL
25. THIS COURT ORDERS that the Receiver may from time to time apply to this Court for
advice and directions in the discharge of its powers and duties here under.
26. ‘THIS COURT ORDERS that nothing in this Order shall prevent the Receiver from acting
as a trustee in bankruptcy of the Debtor.
27, ‘THIS COURT HEREBY REQUESTS the aid and recognition of any court, tribunal,
regulatory or administrative body having jurisdiction in Canada or in the United States to give
effect to this Order and to assist the Receiver and its agenis in carrying out the terms of this
Order, All courts, tribunals, regulatory and administrative bodies are hereby respectfully
requested to make such orders and to provide such assistance to the Receiver, as an officer of this
Court, as may be necessary or desirable to give effect to this Order or to assist the Receiver and
its agents in carrying out the terms of this Order.
28. ‘THIS COURT ORDERS that the Receiver be at liberty and is hereby authorized and
‘empowered to apply to any cour, tribunal, peace officers, regulatory or administrative body,
‘wherever located, for the recognition of this Order and for assistance in carrying out the terms of
this Order, and that the Receiver is authorized and empowered to act as a representative in
respect of the within proceedings for the purpose of having these proceedings recognized in a
jurisdiction outside Canada.
29. ‘THIS COURT ORDERS that the Plaintiff shall have its costs of this motion, up to and
including entry and service of this Order, provided for by the terms of the Plaintiff's security or,
if not so provided by the Plaintiff's security, then on a substantial indemnity basis to be paid by
the Receiver from the Debtor's estate with such priority and at such time as this Court may
determine.
DoesroR: yrn7a0@age
30. THIS COURT ORDERS that any interested party may apply to this Court to vary or
‘amend this Order on not less than seven (7) days’ notice to the Receiver and to any other party
fikely to be affected by the order sought or upon such other notice, if any, as this Court may
order,
“Vacs J! aad
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pocstoR: 1777829ocsTOR 7718
SCHEDULE "A"
RECEIVER CERTIFICATE
CERTIFICATE NO.
AMOUNT $,
‘THIS IS TO CERTIFY that PAT ROBINSON INC,, the Receiver (the "Receiver*) of the assets,
including undertakings and properties JAMES KEVIN TAYLOR acquired for, or used in
relation to a business carried on by tho Debtor, including all proceeds thereof (collectively, the
“property” appointed by Order of the Ontario Superior Court of Justice (the "Court”) dated the
__ day of ___, 20__ (the "Order") made in an action baving Court file mumber _-CL-
____ has received as such Receiver from the holder of this certificate (the "Lender") the
principal sam of §__, being part of the total principal sum of $ which
the Receiver is authorized to borrow under and pursuant to the Order.
‘The principal sum evidenced by this certificate is payable on demand by the Lender with interest
thereon calculated and compounded [daily][monthly not in advance on the day of each
month] after the date bereof at a notional rate per annum equal to the rate of per cent
above the prime commercial lending rate of Bank of, from time to time.
Sach principal sum with interest thereon is, by the terms of the Order, together with the principal
sums and interest thereon of all other certificates issued by the Receiver pursuant to the Order or
to any further order of the Court, a charge upon the whole of the Property, in priority to the
security interests of any other person, but subject to the priority of the charges set out in the
Order and in the Bankruptcy and Insolvency Act, and the right of the Receiver to indemnify itself
out of such Property in respect of its remuneration and expenses.
All sums payable in respect of principal and interest under this certificate are payable at the main
office of the Lender at Toronto, Ontario,
‘Until all liability in respect of this certificate has been terminated, 10 certificates creating charges
ranking or purporting to rank in priority to this certificate shall be issued by the Receiver to any
person other than the holder of this certificate without the prior written consent of the holder of
this certificate.-2-
‘The charge securing this certificate shall operate s0 as to permit the Receiver to deal with the
Property as authorized by the Order and as authorized by any further or other order of the Court.
‘The Receiver does not undertake, and it is not under any personal liability, to pay any sum in
respect of which it may issue certificates under the terms of the Order.
DATED the day of »20_.
PAT ROBINSON INC, solely in its capacity
as Receiver of the Property, and notin its
personal capacity
Per:
“Name: Pat Robinson
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‘Court File No.; CV-13-333733-OT
ONTARIO
SUPERIOR COURT OF JUSTICE.
THE HONOURABLE MADAM ) THURSDAY, THE 18" DAY
JUSTICE VALLEE ) OF AUGUST, 2016
SUZANNE MILLER
Plaintift
~and -
ROSETTA DEBARTOLO TAYLOR
and JAMES KEVIN TAYLOR
Defendants
ORDER
‘THIS MOTION made by Pat Robinson Inc,, in its capacity as the Court-Appointed
Receiver of James Kevin Taylor (the “Receiver”), for an Order clarifying and expanding the
Order of the Honourable Madam Justice Vallee dated September 2, 2015 appointing the
Receiver, was heard on the 15" day of August, 2016 at the Courthouse, 75 Mulcaster Street,
Barrie, Ontario.ON READING the Order dated September 2, 2015, previous endorsements, a letter from
counsel for the Receiver dated May 24, 2016 and the Affidavit of James Kevin Taylor swom
June 27, 2016 and upon hearing the submissions of the Plaintiff, the Defendants and counsel for
the Receiver,
1, THIS COURT ORDERS that the Order dated September 2, 2015 be and hereby is
clarified and expanded to include the following paragraphs:
‘a, The scope of the Receiver's mandate shall include but not be limited to the ATM
business operated by either Kevin Taylor, 2070935 Ontario Inc., Transact ATM
Services, Bane Depot, Cash ‘n Dash, or any other individuals, corporations, joint
ventures or assigns.
b. Any entity, corporation or party whatsoever who may have any of the property,
assets or undertakings of Kevin Taylor, 2070935 Ontario Ine., Transact ATM
Services, Bane Depot, Cash ‘n Dash or any other entity operating the ATM
business or having knowledge of it shall immediately turn over the property,
assets or undertakings to the Receiver without any related costs, charges, penalties
or other financial compensation, for example, any and all storage facilities or
warchouses charges,
©. Kevin Taylors hereby directed to immediately provide the Receiver with a list of
all ATM machines that were in existence in April, 2015 and a current list of all
ATM machines. In addition, he shall provide a detailed explanation of any
discrepancy between the two lists. These reconciliations shall be provided by
Kevin Taylor to the Receiver no later than two days after the release date of theendorsement of Justice Vallee dated August 18, 2016 (hereinafter the “Justice
Vallee Endorsement of August 18”).
Kevin Taylor shall provide an explanation in detail as to the reason for the decline
in the ATM business with supporting accounting records, within two days after
the release of Justice Vallee Endorsement of August 18.
Kevin Taylor and Rose DeBartolo-Taylor shall provide to the Receiver within
two days of the release of the endorsement of Justice Vallee Endorsement of
August 18, all keys, combinations, cell phones, computers, books and records and
any and all electronic records pertaining to Kevin Taylor's sole proprietorship
Transact ATM Services, 2070935 Ontario Inc., Banc Depot, Cash ‘n Desh and
any and all other entities that operate the ATM business;
Kevin Taylor and Rose DeBartolo-Taylor are hereby prohibited from contacting
NRT, or any financial institution that the ATM business uses, for the purpose of
diverting assets or funds or for any other purpose with respect to the ATM
business,
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