Bawolin v. The Queen, docket 2001-1230-IT-G

Date: 20020903

Docket: 2001-1230-IT-G

BETWEEN:

KASPER BAWOLIN,

Appellant,

and

HER MAJESTY THE QUEEN,

Respondent.

Motion heard on August 28 and 30, 2002 at Saskatoon, Saskatchewan by

the Honourable Judge D. W. Beaubier

Participants

Counsel for the Appellant:                                  Garth Brehon

Counsel for the Respondent:                                              Elaine Lee

Counsel for Henry John Block:                                           Jonathan Goby

Agent for the Saskatchewan Police Service:    Barry H. Rossmann, Q.C.

Counsel for Debbie Haines:                                                Scott Waters

Burlingham Associates Inc. Trustee in Bankruptcy for Kaspar Bawolin

Order and Reasons for Order

                At the outset, upon hearing representations from Mr. Brehon, it is Ordered that henceforth the solicitor and address for the Appellant is:

                Rask and Company

                1633A Quebec Avenue

                Saskatoon, Saskatchewan

                S7K 1V6

                Telephone:             (306) 242-2500

                Facsimile:                (306) 242-2538

[1]            Burlingham Associates Inc., in the person of Dean Burlingham, C.A. appeared on August 30, 2002 and advised the Court that this Motion is brought by Rask and Company on the instructions of Burlingham Associates Inc. as Trustee in the matter of the Bankruptcy of Kasper Gordon Bawolin.

[2]            The Appellant became bankrupt on July 22, 2002, after which this motion was launched.

[3]            This appeal is respecting assessments alleging a Shareholder benefit to the Appellant from HJB Holdings Inc. ("HJB"). The Court noted particularly that the Reply to the Notice of Appeal contains schedules with detailed particulars of the matters in dispute. The Appellant's motion is pursuant to subrule 86(1) which authorizes the Court to order production of documents from third parties. The Motion is for a "shotgun" order respecting the documents of many corporations and assets which the Appellant claims.

[4]            On the evidence before the Court, the only documents which relate to this appeal are the HJB documents. The evidence is that the Saskatoon City Police have these documents or copies of all HJB documents that others may have or may have had. Subparagraphs 7(4) and (5) of the affidavit of Staff Sergeant Grant Foster dated August 23, 2002 filed in the matter describes these documents.

[5]            Counsel for Debbie Haines undertook to file an affidavit of his client in Court within 7 days from August 28, 2002, confirming his statements to the Court and in particular that his client does not have any HJB documents.

[6]            Paragraph 10 of the Foster affidavit agrees that copies of these may be provided to the Appellant. That is so ordered, to occur at a time and place convenient to Saskatoon City Police on or before September 15, 2002 at the cost of the Appellant.

[7]            Costs are awarded from the Appellant, to be paid, forthwith, to each party appearing respecting this motion in the amount of $300.00 each.

[8]            The Appellant and Respondent are reminded that the Status Hearing in this matter is to proceed on September 24, 2002 as previously ordered by Judge Campbell. They are further reminded that at a Status Hearing an appeal in this Court may be dismissed pursuant to the provision of Rule 125.

                Signed at Saskatoon, Saskatchewan, this 3rd day of September, 2002.

J.T.C.C.