hakemi vs. tugboat and tyabji wilson filings
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BRITISHCOLUMBIA
EXHIBITS PAGE#3Affidavit#2 of T. Hakemi
BC RegistryServices
Mailing Address :PO Box 9431 Stn Prov GovtVictoria BC V8W 9V3www.corporateonline.gov.bc.ca
Location:2nd Floor - 940 Blanshard StreetVictoriaBC250 356-8626
Date and Time of Search:
Currency Date:
BC Company SummaryFor
TUGBOAT ENTERPRISESLTD.
March 14, 2013 03:24 PM Pacific Time
February 04, 2013
Incorporation Number:
Name of Company:
Recognition Date and Time:
Last Annual Report Filed:
ACTIVEBC0699657
TUGBOAT ENTERPRISESLTD.
Incorporated on July 13, 2004 01:15 PM Pacific Time
July 13, 2012
In Liquidation: No
Receiver: No
REGISTERED OFFICE INFORMATION
Mailing Address:C6 RR#1 PINE TREE PLACE9573 RANDOM ROADPOWELL RIVER BC V8A4Z2CANADA
m
Delivery Ad dress:C6 RR#1 PINE TREE PLACE9573 RANDOM ROADPOWELL RIVER BC V8A4Z2CANADA
% ! & ? >WLL
RECORDS OFFICE INFORMATION
Mailing Ad dress:C6 RR#1 PINE TREE PLACE9573 RANDOM ROADPOWELL RIVER BCV8A 4Z2CANADA
Delivery Ad dress:C6 RR#1 PINE TREE PLACE9573 RANDOM ROADPOWELL RIVERBC V8A 4Z2CANADA
DIRECTOR INFORMATION
Last Name, First N ame, Middle Name:Hendrickson, HeidiMailing Address:12453 BEL RED ROAD, SUITE250BELLEVUEWA 98005UNITED STATES
Delivery A ddress:PO BOX 1692BELLEVUE WA 98009UNITED STATES
This is Exhibit...Q >...referred to in the affidavitof. .X.B.&.^emssworn (or affirmed) before me on
T O T taking affidavits fo rBritish Columbia
BC0699657 Page: 1 of 3
http://www.corporateonline.gov.bc.ca/http://www.corporateonline.gov.bc.ca/ -
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Last Name, First Name, Middle Nam e:Khoury, SamyMailing Address:12453 BEL RED ROAD, SUITE 250BELLEVUE WA 98005UNITED STATES
EXHIBITS PAGE #4Affidavit #2 of T. Hakemi
Delivery Add ress:PO BOX 1692BELLEVUE WA 98009UNITED STATES
Last Name, First Name, Middle Name:LYSTER, JONATHANMailing Address:4623 MARINE AVENUEPOWELL RIVER BC V8A 2K8CANADA
Delivery Add ress:4623 MARINE AVENUEPOWELL RIVER BC V8A 2K8CANADA
Last Name, First Name, Middle Name:WILSON,JUDELINE TYABJIMailing Address:4623 MARINE AVENUEPOWELL RIVER BC V8A 2K8CANADA
Delivery Add ress:4623 MARINE AVENUEPOWELL RIVER BC V8A 2K8CANADA
Last Name, First Name, Middle Name:WILSON,GORDONMailing Address:4623 MARINE AVENUEPOWELL RIVER BC V8A 2K8CANADA
Delivery Add ress:4623 MARINE AVENUEPOWELL RIVER BC V8A 2K8CANADA
OFFICER INFORMATION AS AT July 13, 2012
Last Name, First Name, Middle Name:
Hendrickson, HeidiOffice(s) Held: (Other Office(s))
Mailing Ad dress:PO BOX 1692, ,W ABELLEVUE WA 98009UNITED STATES
&m
Delivery Address :PO BOX 1692, , W ABELLEVUE WA 98009UNITED STATES
Last Name, First Name, Middle Name:Khoury, SamyOffice(s) Held: (Other Office(s))
Mailing Address:PO BOX 1692BELLEVUE WA 98009UNITED STATES
Delivery Add ress:PO BOX 1692BELLEVUE W A 98009UNITED STATES
BC0699657 Page: 2 of 3
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Last Name, First Name, Middle Name:Lyster, Jonathan SeanOffice(s) Held: (Secretary)
Mailing Address:8334 HIGHWAY 101C.6 RR#1 GARNET ROCKPOWELL RIVER BC V8A 4Z2CANADA
EXHIBITS PAGE #5Affidavit #2 of T. Hakemi
Delivery Address:PO BOX 43PARKSVILLE BC V9P 2G3CANADA
Last Name, First Name, Middle Name:Wilson,Gordon F.D.Office(s) H eld: (Chair, President)
Mailing Address:9573 RANDOM ROADPOWELL RIVER BC V8A 0J4CANADA
Delivery Address:9573 RANDOM ROADPOWELL RIVER BC V8A 0J4CANADA
i^impttTtiH^it^^B-vi^f^ ^.*-E
BC0699657Page: 3 of 3
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EXHIBITSh t t p s : / / a p p s . l t s & j j f
:lectionListResults.doakemi
Date : 14-Mar-2013Requestor: (PA61990)Folio:
TITLE SEARCH PRINTHAKEMI & RIDGEDALE LLPTITLE - BW452769
Time: 15:18:35Page 001 of 002
VANCOUVER LAND TITLE OFFICE TITLE NO: BW452769FROM TITLE NO: BM234136
APPLICATION FOR REGISTRATION RECEIVED ON:ENTERED:
29 SEPTEMBER, 200420 OCTOBER, 2004
REGISTERED OWNER IN FEE SIMPLE:GORDON FREDERICK DAVID WIL SON, BUSINESSMANJUDELINE KIM TYABJI WILSON, BUSINESSWOMANC-6 PINETREE ROAD, R.R. #1,POWELL RIVER, BCV8A 4Z2AS JOINT TENANTS
TAXATION AUTHORITY :COURTENAY ASSESSMENT AREA
This is Exhibit..^.....referred to in the affidavitof IL&
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EXHIBITS PAGE #7https://appsJts^(^^SJWebmtleSelectionListResults.d
INCORPORATION NO. 47 3361Date: 14-Mar-2013 TITLE SEARCH PRINT Tim e: 15:18:35Requestor: (PA61990) HAKEMI & RIDGEDALE LLP Page 002 of 002Folio: TITLE - BW452769
CA1486934
ASSIGNMENT OF RENTS
CA1486935 2010-03-15 07:41REGISTERED OWNER OF CHARGE:CREST CAPITAL CORPORATIONINCORPORATION N O. 473361
CA1486935
CERTIFICATE OF PENDING LITIGATIONBB1351130 2011-10- 18 14:27
REGISTERED OWNER OF CHARGE:SERIN INVESTMENTS LTD.
BB1351130
CERTIFICATE OF PENDING LITIGATIONBB1351131 2011-10 -18 14:28
REGISTERED OWNER OF CHARGE:
CREST CAPITAL CORPORATIONBB1351131
CERTIFICATE OF PENDING LITIGATIONBB2009244 2012-01-18 10:18
REGISTERED OWNER OF CHARGE:CIBC MORTGAGES INC.
BB2009244
JUDGMENTCA2757800 2012-09-06 14:28
REGISTERED OWNER OF CHARGE:CAPITAL ONE BANK (CANADA BRANCH)
CA2757800REMARKS: AS TO THE INTEREST OF JUDELINE KIM TYABJI WILSON
"CAUTION - CHARGES MAY N OT APPEAR IN ORDER OF PRIORITY. SEE SECTION 28, L.T.A."
DUPLICATE INDEFEASIBLE TIT LE: NONE OUTSTANDING
TRANSFERS: NONE
PENDING APPLICATIONS:015-832-490
CA3029115 JUDGMENT
*** CURRENT INF ORMATION ONLY - NO CANCELLED INFO RMATION SHOWN ***
2 of 2 13-03-14 3:19 P
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SUPREME.COURTOF
3RITISH COLUMBIA
S E A L31-Jul-12
VancouverREGISTRY
Between:
Th is is Exhibit...?...referred to in the affidavit r- VUIDrro D A r > r : # Qof XH atex 7* . . ' ? , ? .. .swo rn (or afifinned) before me on * " ' ' " " r -" ' ' '
iM'Mfe
A comrriisisioneTfor taking affidavits forBritish Columbia
Affidavit #2 of T. Hakemi
court File N O . VLCSS-125354No.Vancouver Registry
In the Supreme Court of British Columbia
HAKEMI AND COMPANY LAW CORPORATIONPlaintiff
and:
JUDY TYABJI WILSON and TUGBOAT ENTERPRISES LTD.Defendants
NOTICE OF CIVIL CLAIM
This action has been started by the plain tiffs) for the relief set out in Part 2below.
Ifyou intend to respond to this action, you or your lawyer must(a) file a response to civil claim in Form 2 in the above-named registry of this
court within the time for response to civil claim described below, and(b) serve a copy of the filed response to civil claim on the plaintiff(s).
Ifyou intend to make a counterclaim, you or your lawyer must(a) file a response to civil claim in Form 2 and a counterclaim in Form 3 in the
above-named registry of this court within the time for response to civil
claim described below, and(b) serve a copy of the filed response to civil claim and counterclaim on theplaintiff(s) and on any new parties named in the counterclaim.
JUDGMENT MAY BE PRONOUNCED AGAINSTYOU IF YOU FAIL to file the responseto civil claim within the time for response to civil claim described below.
Time for response to civil claim
A response to civil claim must be filed and served on the plaintiff(s),(a) if you were served with the notice of civil claim anywhere in Canada, within
21 days after that service,(b) ifyou were served with the notice of civil claim anywhere in the United
States of America, within 35 days after that service,(c) ifyou were served with the notice of civil claim anywhere else, within 49
days after that service, or(d) if the time for response to civil claim has been set by order ofthe court,
within that time.
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EXHIBITS PAGE #9Affidavit #2 ofT. Hakemi
CLAIM OF THE PLAINTIFF
Part 1: STATEMENT OF FACTS
The Parties1. The P laintiff Hakemi and Company Law Corporation is a law firm located at 1500-
885 West Georgia Street, Vancouver, British Columbia.
2. The Defendant Judi Tyabji Wilson("Tyabji") is a businesswoman who resides at
C6 RR#1 Pine Tree Place, 9573 Random Road, PowellRiver, British Columbia.
3. The Defendant Tugboat Enterprises Ltd.(Tugboaf ) is a B ritish Columbia
company with a registered and records office at C6RR#1 Pine Tree Place, 9573
Random Road, PowellRiver, British Columbia.4. At all material times Tyabji was an officer and a director of Tugboat.
The Agreement
5. In or about September28, 2008, an action was commenced by Kelly Wilson and
Blair W ilson againstTyabji,Tugboat, Mark Allan Marissen, ElaineO'Connor,
CanWest Publishing Inc. and Steve Janke, alleging that the defendants in that
action, among other things, conspired to defame Blair Wilson (the"Action").
6. In or about October of 2008, Tyabji and Tugboat (collectively, the"Clients")
retained the law firm of Lang Michener LLP (now McMillan LLP)("Lang") to
represent them with respect to the Action. The lawyer primarily responsible for the
conduct of the matter was Tom Hakemi.
7. On or about July 7, 2009, Mr. Hakemi informed the Clients that he would be
leaving Lang to start his own practice, thePlaintiff. Mr. Hakemi requested that the
Clients advise as to whether they wished to have the Plaintiff represent them in the
Action or if they preferred to maintain Lang as theircounsel. On July 8, 2009, theClients agreed to have their file transferred to the Plaintiff and have the Plaintiff
represent them in the Action and provide legal services tothem, beginning on or
about July 10 ,2009 , based on certain terms (the"Agreement').
8. The Plaintiff provided legal services to the Clients pursuant to the Agreement, and
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EXHIBITS PAGE #10Affidavit #2 ofT. Hakemi
the Clients accepted them and agreed to pay forthem, from approximately July
2009 to approximately April of2010.
During the time that the Plaintiff provided legal services to the Clients, nine
invoices reflecting fees and disbursements were sent to the Clients, ofwhich one
was partiallypaid, particulars ofwhich are as follows (as of June 8, 2012):
Payment
Received$4,500.00
$0.00$0.00$0.00$0.00
$0.00$0.00$0.00$0.00
Date
September1,2009October6,2009
November1,2009December3, 2009
January7,2010
February2,2010March7,2010April 7,2010May 7,2010
Invoice
Number9
21367177
94111131166
PastAmount
Due$5,080.327,006.98
2,263.39
10,435.73778.4
2,866.084,105.92
2,304.96
1,567.45
10. The total amount outstanding as of June 8, 2012, is $31,909.23 (the"Fees and
Disbursements Owing") plus interest of$13,772.41 (the "Contractual Interest")
for a total of $45,681.64 (the"Amount Owing").
11. Despite demand, the Clients have neglected or refused to pay the Amount Owing.
12. As a result of the Clients neglect or refusal to pay the Amount Owing the Plaintiffhas suffered and will continue to suffer loss and damage.
13. Further or in the alternative, the Clients have been unjustly enriched by the legal
services provided to them by thePlaintiff, there is no juristic reason for the
enrichment and the Plaintiff has suffered a corresponding deprivation.
Part 2: RELIEF SOUGHT
1. Judgment against the Clients for the Fees and Disbursements Owing;
2 Judgment against the Clients for the Contractual interest or in the alternative, pre
and post-judgment interest pursuant to theCourt Order Interest Act, R.S.B.C. 1996,
c.79;
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EXHIBITS PAGE #11Affidavit #2 of T. Hakemi
3. Costs; and
4. Such further a nd other relief as to this Honourable Court may seem just.
Part 3: LEGA L BA SIS
1. Breach of contract and unjust enrichment.
Plaintiffs address for service: c/o Hakemi & Company Law Corpo ration
1500 - 885 West Geo rgia Street
Vancouver, BC V6C 3E8
Place of trial: Vancouver, BC
The address of the registry is: 800 Smithe StreetVancouver, British C olumbia
V6Z 2E1
Date: July 30, 2012
Tom A. HakemiNicholas Ellegood
HAKEMI & COMPANYLAW CORPORATION1500 - 885 West G eorgia S treetVancouver, BC V6C 3E8Telephone: (604) 601-2020
Rule 7-1 (1) of the Supreme Court Civil Rules states:
(1) Unless all parties of record consent or the court otherw ise ord ers, each partyof record to an action must, within 35 days after the end of the pleading period,
(a) prepare a list of docum ents in Form 22 that lists
(i) all documents that are or have been in the party'spossession or control and that could, if available, be used byany party at trial to prove or disprove a material fact, and
(ii) all other docum ents to which the party intends to refer attrial, and
(b) serve the list on all parties of record.
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EXHIBITS PAGE #13Affidavit #2 of T. Hakemi
^ u , - ^m ^ 20 July, 2012 1:06 PMTom Hakemi T o- Nicholas Ellegood Fwd Hakemi & Company Law Corporation - Statementof Account ^ )r w u TWs4frExWbit.^T^eferrettto1nihe affid
~ " of X..rt
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EXHIBITS PAGE #14Affidavit #2 of T. Ha kemi
wrote:Hi Judi, I'm available at 2pm of Friday. Please give me a call then and wecan discuss this further.
Regards,Tom
Tom Hakemi
HAKEMI & COMPANY LAW CORPORATION
1500 - 885 West Georgia StreetVancouver, BC, Canada V6C 3E8TEL: (604)601-2021 (direct)FAX: (604) 648-9170 (direct)TEL: (604) 601-2020 (main)thakemi@hakemi.com
U Av w. h a k e m i . c o m
\vw\v. l i t ig -a t ionbr ie f . ca
This email and its attachments are confidential, may be privileged, and are intended for therecipient(s) only. If you are not the intend ed recipient, please notify us by telephon e f604-601-2020)or return email imm ediately and delete all copies of this email and its attac hm ents. Any in adve rtentor una uthor ized disclosu re of this email is not inte nded as a waiver of the confidentiality orprivileges that would otherwise apply.
On 2012-07-17, at 8:04 AM, Judi Tyabji wrote:
Tom,
Why don't we talk about this on Friday, at which time I expect to havemore certainty on timing of funds?
Thanks, Judi
On Mon, Jul 16, 2012 at 5:22 PM, Tom Hakemi
mailto:thakemi@hakemi.comhttp://uavw.hakemi.com/http://vw/v.litig-ationbrief.camailto:thakemi@hakemi.commailto:thakemi@hakemi.comhttp://vw/v.litig-ationbrief.cahttp://uavw.hakemi.com/mailto:thakemi@hakemi.com -
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EXHIBITS PAGE #15Affidavit #2 ofT. Hakemi
wrote:Hi Judi, I hope you understand and can see that I do not wan t to start alawsuit against you . On the other hand, I'm not sure that I have muchof a choice, unless I'm prepared to wait indefinitely for payment, and I'm
not. One idea you might want to consider is consenting to the entry ofjudgm ent on the condition that we don't enforce it for a period of time. Ifwe can agree on the details of that arrangement, it would m ean neitherof us have to devote significant resources to a lawsuit; I would get somecertainty; and you would get some time. I can't, however, give you legaladvice with respect to this suggestion or any arrangement like this thatwe may enter into. I urge you to please seek independent counsel andlet me know if this is of any interest.
Regards,
Tom
On 2 012-07-16, at 2:03 PM , Judi Tyabji wrote:
Tom,
I understand that you have to do what you feel is appropriate, and ifyou feel that a lawsuit is your nex t step, that is your cho ice. However,can assure you this w ill not result in anything other than additionalallocation of your resources pursuing a debt that is alreadyacknowledged by both parties.
Tugboa t has no funds, with the freezing of the opportunity for sharesales eighteen months ago pending the buyout. Gordon and I alsohave very limited resources since we have put all our efforts into thisdeal for almost two years. As I mentioned earlier, we are apparentlyalmost conclude d all the terms for the payout. It has been delayedconsiderably, however the deal is live and has made progress everyweek. In this econom ic climate, we see a delay as a'win'.
No one will be happier to see the funds transfer than Gordon andmyself, so that we can actually get our lives back.
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EXHIBITS PAGE #16Affidavit #2 of T. Hakemi
All the best,
Judi
On M on, Jul 16, 2012 at 1:49 PM , Tom Hakemiwrote:
Hi Judi, Thanks for your em ail. While I hope that the issues withTugboat's funding work themselves out, I'm afraid we cannot waitany longer for them to do so. Unless we can work out satisfactoryterms, we plan to, among other things, file papers in the formattached to this email by the end of this week, commencing suitagainst you and Tugboat. It will be our position in any hearing ofthis m atter that you have pe rsonal liability for our bills as both youand Tugboat were our clients. I believe I also have writtenassurances from you that we will bepaid. If you believe we canwork out a suitable arrangement to avoid this, please let me know.Thanks.
Regards,Tom
On 201 2-07-16, at 1:01 PM , Judi Tyabji wrote:
Hi Tom ,
Thanks for your patience, and for the information regarding theStraith matter. I cannot believe it is still active, and we intend to dosomething to wrap it up as soon as the funds arrive.
We had a series of delays relating to the BC Security Commission.It does appear the last documents w ill be filed this week, and that
should release the funds next week to McMillan. If all goes asplanned, we will have your billpaid, realistically, just after the longweekend.
All the best,
mailto:thakemi@hakemi.commailto:thakemi@hakemi.com -
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EXHIBITS PAGE #17Affidavit #2 ofT. Hakemi
Judi
On M on, Jul 16, 2012 at 12:49 P M, Tom Hakemiwrote:
Judi and Gordon : Could you please let me know when we canex pect payment with respect to this bill? Tha nks.
Regards,Tom
Begin forwarded message:
From: Billing - Hakemi and Company Subject: Hakemi & Company Law C orporation - Statementof Account (2009-17)Date: 16 July, 2012 12:16:43 PM PDTT o : itvabiiw@gmail.com Cc: Tom Hakemi
Good afternoon Ms. Tyabji Wilson:
Please see the attached statement of account for servicesrendered. Should you have any questions or concerns, pleasedo not hesitate to contact me.
Best regards,Lynn SiemensOffice Manager
HAKEMI & COMPANY LAW CORPORATION
1500 - 885 West Georgia Street
Vancouver, BC, Canada V6C 3E8Tel: (604) 601-2049 (direct)Fax: (604)648-9170 (direct)Tel: (604) 601-2020 (main)Email: lsiemens@hakemi.com
mailto:thakemi@hakemi.commailto:billinq@hakemi.commailto:itvabiiw@gmail.commailto:thakemi@hakemi.commailto:lsiemens@hakemi.commailto:lsiemens@hakemi.commailto:thakemi@hakemi.commailto:itvabiiw@gmail.commailto:billinq@hakemi.commailto:thakemi@hakemi.com -
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EXHIBITS PAGE #23Affidavit #2 of T. Hakemi
VANCOUVER REGISTRY
etwi
m 1 2 OTENTERED
In the Sbprem e Court of British Colum bia
Between
No. S-125354Vanco uver R egistry
HAKEMI & COMPANY LAW CORPORA TION
Plaintiff
and
BEFORE
JUDY TYABJI WILSONand TUGBOAT ENTERPRISES LT D.
CONSENT ORDER
)[ j A &6>I^T*M
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EXHIBITS PAGE #25Affidavit #2 ofT. Hakemi
LAND TITLB AC TFORM B (Section 225)
MORTGAGE- PART 1 Provmee of Brit ish Cotambta PAGE OF PAGESYour electronic signaturei s a representation that y ou area subscriber as definedby theLand Title Act , RSBC 1996 c .250 , and that you ha ve applied your electronic signatureinaccordance with Section 168.3, anda true copy ,or a copy o f (bat tree copy,is inyourpossession.
APPLICATION: (Name, address, phone number of applicant, applicant's solicitor or agent)
Tom A.Hakemi, Barrister and SolicitorHakemi&Company Law Corporation Tel: (604) 601 -20201500-885 West Georgia StreetVancouver BC V6C 3E 8
FileNo: 2011-176
Deduct LTSA Fees?Ye s
I PA R C m m E N T I F I E R A N D I i G A L D E SC R IP T IO N O F L A N D :
(0%-832-480
STC7')r
YES
DISTRICTLOTS 5135, GROUP 1 NEW WESTMINSTER DISTRICT, EXCEPTPORTIONS IN PLANS 9259,9450,9812,10924, AND13014 AND > iEXPLANATORYPLAN 7091
3. BORRO WE RS) (MORT OAGO RfS)): (including postal addresse s) and postal code(s))GORDON FREDERICK DAVID WILSON, BUSINESSMANJUDEUNE KIMTYABJI WILSON,BUSINESSWOMAN,AS JOINT TENANTSC-6 PINETREE ROAD, R.R. #1POWELL RIVER BRITISH COLUMBIA
V8A4Z2 CANADALENDER(S)(MORTGAGEE^)) :(includingoccupatic9{8),postal address(es) and p ostal code( s))
HAKEMI & COMPANY LAW CORPORATION
1500 - 885 WEST GEORGIA STREETVANCOUVERCANADA
BRITISH COLUMBIAV6C3E8
IncorporationBC0856421
S. PAYMENT PROVISIONS:(a) Principal Am ount:$35,853.33
(d ) Interest C alculation Period:Monthly
(g ) Amountof each per iod ic paym ent. N/A
0 Assignmentof Rents wh ichth eapplicant w ants registered ?Y E s n N o g g
If YEsTpageand paragraph nu m ber
(b ) Interest R ate:5.00% per annum
(e ) Payment D ates:N /A
(h ) Interest Ac t (Canada) StatementThe equivalent rateof interest calculatedhalf yearlynot in advanceis N /A %perannum.
(k) Placeof payment:Postal Addressin Kern 4
(c ) Interest A djustmentD a t e : N / A
( 0 Hrs t PaymentD a t e : N /A
(i ) Las t PaymentDate: N /A
(I ) B a l a n c eD oeD a t e : O N
D E M A N D
Y M D
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EXHIBITS PAGE #26Affidavit #2 ofT. Hakemi
M O RT G A G E - PA RT I6. MORTGAGE contains floating charge on land?
Y ESQ N O 0
PAGE OF PAGESMORTG AGE secures a current or running account ?
Y E S 0 N O Q
INTEREST MORTGAGED:
Freehold 0Other (specify)
MORTGAGE TERMS:
Part 2 of this mortgage consis ts of (select one only) :(a) Prescribed Standard Mortgage Terms( !
(b) F i led Standard Mortgage T erm s Q(c) Express Mortgage Terms l""l
D F N um b e r
(annexed to this mortgage as Par t2 )A selec tion of (a) or (b) inclu des any ad ditional or modified terms referred to in item 10 or in a sche dule anne xed to this mortg
10. ADDITIONAL OR MOD IFIED TERM S:
11. PRIOR ENCUMBRANCES PERMITTED BYLENDER:
12. EXECU TION^): This mortgage chargesth e Borrower's interestin theland mortgageda s security for paymentof all moneydue andperfonnance of all obligations in acc ordance w ith the m ortgage terms referred to in item9 and the B orrowers) and every other signatory agree(s) to bebound by, and acknowle dges) receipt of atrue copyof, those terms.
Officer Signatures) Execution DateY M D
Borrowers) Signatures)
Gordon Frederick David Wilson
OFFICER CERTIFICATION:Your signature constitutes a representation that you area solicitor, notary public or other parson authorized by theEvidence Act,R.S.B.C.1996 c124to take affidavits for usein British Columbia and certifies the matters set out in Part 5 or theLand TitleAc ta s they pertainto the e xecutionof this'instrument
P F T P R f t ( < ? > M J M P
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EXHIBITS PAGE #27Affidavit #2 of T. Hakem i
Joel Hill # 4 December, 2012 11:02 AM To: Gordon Wilson
Re: Outstanding Accounts
1 Attachment, 879 KB
Dear Mr. Wilson.
Further to the below, where is the money to which you refer?
Also, it was a term of our agreement that you would grant us a mortgage in theform emailed to you previously. Although you did send a copy signed by youand Ms. Tyabji-Wilson,those signatures were not witnessed as required.Please courier us a copy of the mortgage, a copy of which is reattached to thisemail, this time duly executed by you both in the presence of a lawyer ornotary.
This is Exhibit...! referred to in the affidavitKind regards, of. .X..tf.&kjna.'
sworn (or affirmed} before me onJoel H i l l . . . . . . . ^ V ^ _ ^ .
A rommissloner or taking affidavit
HAKEMI&RIDGEDALELLPBritish Columbia
1500 - 885 W est Ge orgia S treetVancouver, British ColumbiaCanada V6C 3E8(604) 648-9170Tel: (604) 601-2049Main: (604) 601-2020Fax: (604) 648-9170jhiH@hakemiridgedale.com
HakemiRidgedale.com
This email and its attachments are confidential, may be privileged, and are intended for therecipient(s) only. If you are not the intended recipient, please notify us by telephone (604-601-2020) or return email immediately and delete all copies of this email and its attachments. Anyinadvertent or unauthorized disclosure ofthis email is not intended as a waiver of theconfidentiality or privileges that would otherwise apply.
mailto:jhill@hakemiridgedale.commailto:gordon@myselkie.commailto:jhiH@hakemiridgedale.comhttp://hakemiridgedale.com/http://hakemiridgedale.com/mailto:jhiH@hakemiridgedale.commailto:gordon@myselkie.commailto:jhill@hakemiridgedale.com -
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EXHIBITS PAGE #28Affidavit #2 of T. Hakemi
Adobe
2012-09-2....pdf (879 KB)
On 2012-11 -16, at 8:21 AM, Gordon Wilson wrote:
Good morningJoel,
We received word fromthe law firm in Germany this morning that finally fundsrelated to the sale of Tugboat Enterprises Ltd are moving and that we canexpect the first tranche early next week. Those funds will provide sufficientmoney to make a substantial payment against our outstanding account if notretire it in full. In lightof this information,I would ask that no further actionbetaken on this matter untilat least Wednesday next week.
I will keepyou fully informedas to the progress we are making in this regard.Yours truly,Gordon W ilson
On Tue, Nov 13, 2012 at 3:10 PM, Joel Hill wrote:
Dear Mr. Wilson,
As we have not yet received any further payments on behalf of Ms. Tyabji
Wilsonor the
company,I am
writingto
remindyou
that pursuantto our
Security Agreeme nt dated October 22, 2012,we will cease forbearingcollection after thisFriday, November 16, 2012.
Kind regards,
JOEL HILL
1500 - 885 WES T GEORGIA STREETVANCOUVER, BRITISH COLUMBIACANADA V6C 3E8TEL: (604)601-2058MAIN:(604) 601 -2020
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EXHIBITS PAGE #29Affidavit #2 of T. Hakemi
FAX: (604) 909-2799JHILL@HAKEMIRIDGEDALE.COM
HAKEMIRIDGEDALE.COM
This emailand its attachments are confidential,may be privileged,and areintended for the recipient(s) only. If you are not the intended recipient, pleasenotify us by telephone (604-601-2020) or return em ail immediatelyand deleteall copies of this email and its attachments. Any inadvertent or unauthorizeddisclosure of this email is not intended as a waiver of the confidentialityorprivileges that would o therwise apply.
On 2012-10-25, at 12:01 PM, Gordon W ilson wrote:
Dear Joel,
Find attached a scanned copy of originals that willbe in the mail to you thisafternoon. I will emaila tracking number to you when the documents aresent.
Best,Gordon Wilson
On Wed, Oct 24, 2012 at 5:27 PM , Joel Hill wrote:
Dear Mr. Wilson,
I can confirm thatwe willnot take your guarantee of Tugboat EnterprisesLtd.'s debts to our firm to be a guarantee of any other debts owned by thatcompany. We can also forebear from enforcingthe judgment untilNovember 16,2012. Please send the agreement and order without delay,and provide us with the tracking informationfor the hard copy of thosedocuments.
Kind regards,
Joel Hill
HAKEMI & COMPANYLAW CORPORATION
mailto:jhill@hakemiridgedale.comhttp://hakemiridgedale.com/mailto:jhill@hakemi.commailto:jhill@hakemi.comhttp://hakemiridgedale.com/mailto:jhill@hakemiridgedale.com -
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EXHIBITS PAGE #30Affidavit #2 of T. Hakemi
1500 - 885 West Georgia StreetVa n c o u v e r, B C , C a n a d a V 6 C 3 E 8Tel: (604) 601-2058Main: f604) 601-2020Fax: (604) 909-2^99jhi l l@hakemi.com
H A K E M I & C O M PA N Y
L I T I G AT I O N B R I E F
This email and its attachments are confidential, may be privileged, and are intended for therecipient(s) only. If you are not the intended recipient, please notify us by telephone (604-601-2020) or return email immediately and delete all copies of this email and its attachments.Any inadvertent or un authorize d disclosure of this email is no t intended as a waiver of theconfidentiality or privileges that would otherwise apply.
On 2012-10-24, at 3:48 PM , Gordon Wilson wro te:
Dear Mr. Hill,
Neither Judi nor I are currently in a financial position that will permit us tohire legal counsel. I am not sure how familiar you are with this file. Mr.Hakemi was retained by both Tugboat Enterprises Ltd and Ms.TyabjiWilson personally to sever us from what we believe to be completelyunsubstantiated charges brought against the comp any and Judi by B lairWilson. Regrettably Mr. Hakemi was unable to have either TugboatEnterprises Ltd or Judi Tyabji Wilson removed from the proceedings andnoting our inability to pay, he stopped representing us. To date he hasbeen courteous, most patient, and understanding with respect to theunpaid am ount o win g. We are most grateful for that and completelyunderstand that he is anxious to have this matter resolved and we sharethat desire. Regrettably, we still face action by Mr. Wilson and his lawyerMr. Jay Straith de spite their inability to provide a sh red of evidence linkingeither Tugbo at Enterprises Ltd or Judi Tyabji Wilson to the alleged chargeshe has been presented on behalf of his client.
I raise this background because the consent order requires me toguarantee a mo unts ow ed by both Tugboat Enterprises Ltd and Ms. JudiTyabji Wilson. I would like it understood and accepted that I have as a
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EXHIBITS PAGE #31Affidavit #2 ofT. Hakemi
matter of record not been prepared to personally guarantee the debts ofTugboat Enterprises Ltd generally. My willingness to sign this consentorder in favour of Mr. Hakemi is an exception and should in no wayconstitute evidence to the contrary.
If at some later date it is possible to provide a detailed billing thatdifferentiates the time spend and billing generated on behalf of TugboatEnterprises Ltd and that spent defending Judi personally I wou ld greatlyappreciate it.
Last, in light of my knowledge on the progress being made on the closingof the sale of Tugb oat Enterprises Ltd I wou ld like by con sent to move thedate that you will permit prior to seeking to enforce the Judg ement fromNovember 6, 2012 to N ovember 16, 2012 in order to provide sufficient time
to have funds properly received and disbursed.
If there is agreement I will send copies of the scanned consent orderfollowed by originals in the mail later today.
Thank you for your patience and understanding on this matter.
Sincerely,Gordon F.D. Wilson
I trust you will understand that at this critical juncture in the sa le of Tugboa tit is very im portant that the record show that this persona l undertkaing
On We d, Oct 24, 2012 at 1:11 PM , Joel Hill wrote:Dear Mr. Wilson,
In the circumstances, it would be best to have all our correspondence inwriting - please send me an email with the issues you wish to discuss, aswell as your position on same.
Kind regards,
Joel Hill
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EXHIBITS PAGE #32Affidavit #2 of T. Hakem i
H A K E M I & C O M PA N Y
L AW C O R P O R AT I O N
1500 - 885 West Georgia StreetVan couver, BC , Canada V6C 3E 8Tel : (604) 601-2058Main: (6041 601 -202 0Fax: (604) 909-2799jhill(a),hakemi.com
H A K E M I & C O M PA N Y
L I T I G AT I O N B R I E F
This email and its attachm ents are confidential, may be privileged, and are intended forthe recipient(s) only. If you are not the intended recipient, please notify us by telephone(604-601-2020) or return email immediately and delete all copies of this email and its
attac hm ents. An y inadv ertent or unautho rized disclosure of this email is no t intende d asa waiver of the con fidentiality o r privileges that would otherwise apply.
On 2012-10-24, at 12:33 PM , Gordon Wilson wrote:
Hi Joel,
I did leave you a m essage this morning. I am not requesting more timeas we have the documents witnessed and signed and will send them offto you today. We have delayed sending them as we have been focusedon getting funds from the sale of our company into BC so that we cansettle this account. That is after all the proper remedy here. I simplywanted to touch base first to make sure that we are all on the same pagehere.
Best,Gordon Wilson
On Tue, Oct 23 , 2012 at 7:24 PM , Joel Hill wrote:Dear Mr. W ilson,
What do you wish to discuss? If you only want more time to respondto the draft form of security sent to you by Nick nearly a month ago, theconversation will be of very little utility - as I set out in my email, we
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EXHIBITS PAGE #33Affidavit #2 of T. Hakemi
need a substantive response or we will apply for default judgment.
Kind regards,
Joel Hill
HAKEM I & COMPANY
LAW CORPORATION
1500 - 885 W est Georgia StreetVancouver, BC, Canada V6C 3E8Tel: (604) 601-2058Main: (604)601-2020Fax: (604) 909-2799jhm@hakemi.com
HAKEMI & COMPANY
LITIGATION BRIEF
This email and its attachments are confidential, may be privileged, and are intended forthe recipient(s) only. If you are no t the intended recipient, please notify us by telephone(604-601 -2020) or return email immediately and delete all copies of this email and itsattachments. Any inadvertent or unauthorized disclosure ofthis email is not intendedas a waiver of the confidentiality or privileges that would otherwise apply.
On 2012-10-23, at 6:17 PM, Gordon Wilson wrote:
Hello Joel,
I didn't send the response to you this afternoon as I would like to havea quick phone call before I do. Are you available to take a call in themorning - Wednesday Oct 24th?
Best,Gordon
On M on, Oct 22, 2012 at 3:18 PM, Gordon W ilsonwrote:
Hello Joel,
mailto:jhm@hakemi.commailto:qordon@mvselkie.commailto:qordon@mvselkie.commailto:jhm@hakemi.com -
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EXHIBITS PAGE #34Affidavit #2 of T. Hakemi
My apologies for the long de lay. I will properly respond to you bytomorrow afternoon latest.
Thank you for your consideration,
Gordon Wilson
On Mon , Oct 22, 2012 at 11:38 AM , Joel Hill wrote:
Dear Mr. W ilson,
; W e have still not heard from you with respect to the below. If a; substantive answer is not received by Wednesday, we anticipate; filing an application for default judgment without any further notice
to you.
Kind regards,
Joel Hill
HAKEMI & COMPANY
LAW CORPORATION
1500 - 885 West Georgia StreetVanco uver, BC , Canada V6C 3E8Tel: (604) 601-2058Main: (604) 601-2020Fax: (604) 909-2799jhill@hakemi.com
HAKEMI & COMPANY
LITIGATION BRIEF
This email and its attachments are confidential, may be privileged, and areintended for the recipient(s) only. If you are not the intended recipient, pleasenotify us by telephone (604-601-2020) or return email immediately and delete allcopies of this email and its attachments. Any inadvertent or unauthorized
mailto:ihill@hakemi.commailto:jhill@hakemi.commailto:jhill@hakemi.commailto:ihill@hakemi.com -
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EXHIBITS PAGE #35Affidavit #2 of T. Hakem i
disclosure of this email is no t intended as a waiver of the confidentiality orprivileges that would otherwise apply.
i i .
i l l !! t I !i ! '
On 2012-10-15, at 2:20 PM, Nick Ellegood wrote:
Mr. Wilson,
I am following up on my below email. Please respond to Tom thisweek.
Regards,
Nick
On 2012-09-26, at 3:01 PM, Nick Ellegood wrote:
Mr. Wilson,
Further to your conversation with Tom from a few weeks ago,attached please find a draft form of security agreement. Giventhat you and Ms. Tyabji Wilson own your p roperty as jointtenants we have included you in the agreement as a guarantor.
Please review the attached carefully and let us know if it isacceptable. Please note that we cannot give you adviceregarding this agreement and you should both seek legal adviceregarding it before agreeing to its terms.
Please contact Tom if you would like to discuss.
Regards,
Nick Ellegood
N i c h o l a s P. E l l e g o o d
H A K E M I & C O M PA N Y L AW C O R P O R AT I O N
mailto:nelleaood@hakemi.commailto:nelleaood@hakemi.com
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