Date: 20080512

Docket: T-364-07

Ottawa, Ontario, May 12, 2009

Present: The Honourable Mr. Justice Shore 

BETWEEN:

SUPERINTENDENT OF BANKRUPTCY

AND

ATTORNEY GENERAL OF CANADA

          Moving Parties

and

SYDNEY H. PFEIFFER

AND

PFEIFFER & PFEIFFER INC.

Judgment debtors

AND

SAMSON BÉLAIR DELOITTE ET TOUCHE

Garnishee

PROVISIONAL ORDER OF GARNISHMENT

            ON reading the affidavit of Sylvie Laperrière, Special Compliance Investigator at the Office of the Superintendent of Bankruptcy, and viewing the supporting documents including the order of the Superintendent of Bankruptcy’s Delegate (Delegate) ordering the restitution of the amount of $160,244.45 to various bankruptcy estates, the Federal Court judgment authorizing the enforcement of the order of the Delegate under Part 12 of the Federal Courts Rules, SOR/98-106, and the certificate of assessment of this Court dated September 10, 2008;

WHEREAS pursuant to the terms of these orders and judgments, the judgment debtors are indebted to the bankruptcy estates identified by name in the Delegate’s order for the amount of  $160,244.44 and to the moving parties for the amount of $1,857.30;

WHEREAS on May 5, 2009, the amount of $162,101.75 remained due and unpaid;

THE COURT ORDERS that any amount due or accruing by the garnishee to the judgment debtors, shall be attached to answer the above-mentioned orders and judgments;

IT IS ORDERED that the garnishee appear before this Court with an affidavit previously served on counsel for the moving parties, on or before May 22, 2009, so as to state under oath the amounts due or accruing by him to the judgment debtors;

IT IS FURTHER ORDERED that the garnishee not divest the said amounts before the Court has decided to whom they shall be allocated;

WHERE the garnishee fails to swear an oath, he could be sentenced to pay the debt in principal, interest and costs, including the costs of this motion;

AS A RESULT, the hearing for the issuance of a final order is set for May 28, 2009, at 9:30 a.m., at the Federal Court in Ottawa, at 90 Sparks Street, on the 7th floor.

‘‘Michel M.J. Shore’’

Certified true translation

Sebastian Desbarats, Translator