hakemi vs. tugboat and tyabji wilson filings

7/30/2019 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


Last Name, First Name, Middle Name:WILSON,GORDONMailing Address: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


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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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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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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^ 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)[email protected]

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:[email protected]://uavw.hakemi.com/http://vw/v.litig-ationbrief.camailto:[email protected]:[email protected]://vw/v.litig-ationbrief.cahttp://uavw.hakemi.com/mailto:[email protected]


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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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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:[email protected]:[email protected]


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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 : [email protected] 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


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: [email protected]
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]


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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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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))


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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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) [email protected]

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:[email protected]:[email protected]:[email protected]://hakemiridgedale.com/http://hakemiridgedale.com/mailto:[email protected]:[email protected]:[email protected]


19/26


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
mailto:[email protected]:[email protected]:[email protected]:[email protected]


20/26


FAX: (604) [email protected]

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:[email protected]://hakemiridgedale.com/mailto:[email protected]:[email protected]://hakemiridgedale.com/mailto:[email protected]


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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 [email protected]

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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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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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


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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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) [email protected]

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,


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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) [email protected]

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


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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

hakemi vs. tugboat and tyabji wilson filings

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