COURT FILE NUMBER - 1438/14 COURT OF QUEEN'S BENCH FOR SASKATCHEWAN JUDICIAL CENTRE - SASKATOON PLAINTIFF - PETER VLEEMING DEFENDANTS - 7308515 CANADA LTD., RICHTER BRZEZINSKY, ARTURO CREO AND FELMA CAPUS-CREO AND CCBR ENTERPRISES INC., SASKATCHEWAN EMPLOYMENT STANDARDS DIVISION, AFFINITY CREDIT UNION 2013, AND STEINBACH CREDIT UNION LIMITED NOTICE TO DEFENDANT 1. The plaintiff may enter judgment in accordance with this Statement of Claim or the judgment that may be granted pursuant to The Queen's Bench Rules unless, in accordance with paragraph 2, you: (a) serve a Statement of Defence on the plaintiff; and (b) file a copy of it in the office of the local registrar of the Court for the judicial centre named above 2. The Statement of Defence must be served and filed within the following period of days after you are served with the Statement of Claim (excluding the day of service): (a) 20 days if you were served in Saskatchewan; (b) 30 days if you were served elsewhere in Canada or in the United States of America; (c) 40 days if you were served outside Canada and the United States of America. 3. In many cases a defendant may have the trial of the action held at a judicial centre other than the one at which the Statement of Claim is issued . Every defendant should consult a lawyer as to his or her rights. 4. This Statement of Claim is to be served within 6 months from the date on which it is issued. 5. This Statement of Claim is issued at the above-named judicial centre on the day of October, 2014. Form 10-40A (Subrule 10 -40(1) CLAIM IN MORTGAGE ACTION 1. The plaintiff's claim is under a mortgage dated the 10th day of February, 2014, made by the defendant, 7308515 Canada Ltd., in favour of the plaintif, and registered in the land titles registry, on the 14th day of February, 2014, as interest register no. 119787395. 2. The following is a description of the mortgaged land namely: Surface Parcel #117458949 Lot 4 Blk/Par 13 Plan No 83S50306 Extension 0 Surface Parcel #117458927 Lot 6 Blk/Par 13 Plan No 83S50306 Extension 0 3. Default has been made under the mortgage, and the following are the particulars of the amount owing as at the 1st day of October, 2014, including all disbursements made pursuant to the provisions of the mortgage: Payment Arrears (interest only payments at 11%) $15,490.52 Accelerated principal : $252,427.43 Total including accelerated principal $267,917.95 4. On the 1st day of October, 2014, there were instalments owing under the mortgage totalling $15,490.52, being 6.2 months' instalments at $2,486.46 per month. 5. The defendant, 7308515 Canada Ltd., covenanted in the mortgage to pay the monies owing under the mortgage. The Limitation of Civil Rights Act does not preclude the plaintiff from suing on the covenant because the defendant, 7308515 Canada Ltd., specifically waived in the mortgage the provisions of The Limitation of Civil Rights Act. 6. By written Guarantee dated February 10, 2014, executed by the defendants, Richter Brzezinsky, Arturo Creo and Felma Capus-Creo, in favour of the plaintiff, the said defendants, Richter Brzezinsky, Arturo Creo and Felma Capus-Creo, each jointly and severally guaranteed repayment of the entire indebtedness of the defendant, 7308515 Canada Ltd., together with accrued interest. 7. The defendants, CCBR Enterprises Inc., Saskatchewan Employment Standards Division, Affinity Credit Union 2013 and Steinbach Credit Union Limited, appear from the records of the land titles registry to be interested in the equity of redemption, subject to the rights of the plaintiff. 8. No leave to commence this action was required under The Land Contracts (Actions) Act because the defendant, 7308515 Canada Ltd., specifically waived in the mortgage the provisions of The Land Contracts (Actions) Act. 9. The plaintiff claims to be entitled to costs on a solicitor-client basis throughout, including all pre-Statement of Claim legal costs, because the defendant, 7308515 Canada Ltd., covenanted in the mortgage to pay all the plaintiff's costs in pursuing any remedies under the mortgage. 10. The plaintiff claims the following relief, namely: a. joint and several judgment against the defendants, 7308515 Canada Ltd., Richter Brzezinsky, Arturo Creo and Felma Capus-Creo, for the sum of $267,917. 95 together with interest on the said sum at the rate of 11% per year from the 1st day of October, 2014; b. foreclosure of the mortgage; c. sale of the mortgaged land; d. immediate possession of the mortgaged land; e. the appointment of a receiver of the rents, issues and profits of the mortgaged land; f. Costs of this action on a solicitor-client basis. DATED at Regina, Saskatchewan, this day of October, 2014. OLIVE WALLER ZINKHAN & WALLER LLP Lawyers of Record for the plaintiff NOTICE TO DEFENDANTS You are entitled at any time, by notice in writing to demand from the plaintiffs lawyers: - full particulars of the amount claimed by the plaintiff, and production for your inspection of the agreement; and - any other documents sued on. CONTACT INFORMATION AND ADDRESS FOR SERVICE: Name of firm: Olive Waller Zinkhan & Waller LLP Name of lawyer in charge of file: Gregory R. Irvine Address of legal firm: 1000 - 2002 Victoria Avenue Regina, SK S4P OR7 Telephone number: (306) 359-1888 Fax number: (306) 352-0771 Email address: girvine@owzw.com Form 10-3 (Rule 10-3) COURT FILE NUMBER Q.B.G. No. 1438 of 2014 COURT OF QUEEN'S BENCH FOR SASKATCHEWAN JUDICIAL CENTRE SASKATOON PLAINTIFF PETER VLEEMING DEFENDANTS 7308515 CANADA LTD., RICHTER BRZEZINSKY, ARTURO CREO AND FELMA CAPUS-CREO AND CCBR ENTERPRISES INC., SASKATCHEWAN EMPLOYMENT STANDARDS DIVISION, AFFINITY CREDIT UNION 2013, AND STEINBACH CREDIT UNION LIMITED ORDER - GENERAL FORM BEFORE THE HONOURABLE Mr. Justin Mills, in chambers the 4th day of February, 2015. On the application of Peter Vleeming, and on reading the Affidavit of Peter Vleeming sworn December 22, 2014, and Affidavit of Attempted Service of Affidavit of Tammy Bruneau Beaton sworn November 24, 2014, all filed, The Court orders: 1. That pursuant to Rule 12-10 of the Queen's Bench Rules of Court, the Plaintiff, Peter Vleeming, shall be permitted to serve the Defendants, 7308515 Canada Ltd. and Richter Brzezinsky, with the Statement of Claim issued October 15, 2014, and all other documents requiring service in the within action and the within order, by posting the documents required for service in the classifieds section of the Winnipeg Free Press on a week day, on one occasion; and, 2. That service of the required documents by the manner set out above shall constitute valid and sufficient service of the document upon the Defendants, 7308515 Canada Ltd. and Richter Brzezinsky. ISSUED at Saskatoon, Saskatchewan, this 6th day of February, 2015. NOTICE Take notice that, unless the order is consented to by the respondent or a person affected by the order or unless otherwise authorized by law, every order made without notice to the respondent or a person affected by the order may be set aside or varied on application to the Court. You should consult your lawyer as to your rights. CONTACT INFORMATION AND ADDRESS FOR SERVICE Name of firm: Olive Waller Zinkhan & Waller LLP Name of lawyer in charge of file: Gregory R. Irvine Address of legal firm: 1000 - 2002 Victoria Avenue Regina, SK S4P OR7 Telephone number: 306-359-1888 Fax number: 306-352-0771 Email address: girvine@owzw.com
↧