MINUTES OF SETTLEMENT

Transcription

1 Court File No.CV ONTARIO SUPERIOR COURT OF JUSTICE KAREN WHEELER and ASK COSMETICS INC. Plaintiffs -and- PETRA HESS and NANCY CRAMER and THOMAS HESS and TOM HESS & ASSOCIATES INC. Defendants MINUTES OF SETTLEMENT WHEREAS the Plaintiffs brought a motion initially returnable December 13, 2012 for, among other things, an injunction in the nature of a Mareva injunction and a Certificate of Pending Litigation (the "Motion' against the property jointly owned by the Defendant, Petra Hess ("Hess", and her common-law spouse, Candice Chapman, that is municipally known as 2608 Homestead Drive, Burlington, Ontario (the "Property". AND WHEREAS an Order dated the 20th day of December, 2012 was granted by Justice Allan Whitten on consent for, among other things, an order that a Certificate of Pending Litigation be issued and registered against the Property, with the balance of the relief sought in the Plaintiffs' Motion adjourned to a future date. AND WHEREAS Hess holds a number of accounts with TD Canada Trust including a "Select Service" account bearing account # , a "Borderless Plan" account bearing account # , a "TD High Interest Savings Account" bearing account # , a Canadian margin trading account, a US margin trading account, a tax-free savings account, and a self-directed RSP account (the "Accounts".

2 - 2 - THE PARTIES HERETO AGREE to resolve the Plaintiffs' motion on the following terms: 1. The Certificate of Pending Litigation registered on title to the Property pursuant to the Order of Justice Whitten shall remain on title until the trial of this action is concluded or until further order of the Court. 2. Hess undertakes and agrees to maintain a minimum balance in the Accounts of $300, CDN until the trial of this action is concluded or until further order of the Court. 3. Hess undertakes and agrees to provide supporting documentation authored by TD Canada Trust ("Bank Documentation" that discloses the balance in each of the Accounts until the conclusion of the trial of this action or until further order of the Court. 4. Hess undertakes and agrees to provide the Bank Documentation referred to in paragraph 3 to counsel for the plaintiffs on a quarterly basis and further agrees to provide the Bank Documentation upon request within ten (10 days of receiving a request in writing, but shall not be required to comply with more than three (3 requests for Bank Documentation in a calendar year. 5. The Parties agree that Hess is not required to disclose the account numbers of the Canadian margin trading account, the US margin trading account, the tax-free savings account and the self-directed RSP account and agree that such account numbers may, if necessary, be redacted from the Bank Documentation. 6. The Parties will consent to an Order transferring the court file and the action in Court File No.: CV from Toronto to Hamilton. 7. The Parties agree that the balance of the Motion will be dismissed on consent and without costs.

3 3 KAREN WHEELER ASK COSMETICS INC. KAREN WHEELER I have authority to bind the corporation PETRA HESS

4 05/28/2013 TUE 15:24 FAX EVANS SWEENY BORDIN LLP 2004/006 3 KAREN WHEELER' ASK COSMETICS INC. KAREN WHEELER I have authority to bind the corporation, fitness f.

5 05/28/2013 TUE 15:24 FAX EVANS SWEENY BORDIN LLP 2006/006 Account Activity T.IP17.e. VI0.5 been no activitv in your pccon[lt tor.thp 5glocted npripdjaa1191 ;LINE OF CREDIT HOME EQUITY- $ [Last 10 Days I Note: You are still receiving paper statements for this account. If you would like to change this, click here Account Type I APPLICANT Balance Date: May 23, 2013 Interest Rate: 3.00% Credit Limit: $100,000.00, Available Balance: $100, Discount Bro crane Active Trader as 0 22-May-2013 Account Cash Securities Coulty Margin CQLyM1tsrain $40,296,43 $93, $133, $95, US Margin $44, $28,455,00 $72, $50, Tr$A $16, $16,068,24 N/A SDRSP $53, $113, $167, N/A Total: CDN $94, $223, $316,351,60 USD $44,260,50 $20, $22, Consolidated: CON $140, $253,130, ,321,28 $047, Cash Details for This Account See how retirement can work for you, Calculate now» Consolidated Balance: CON $393, Conversion Ratei Account Name BaianceDowni.41 Banking SELECT SERVICE -. BORDERLESS PLAN TD HIGH INTEgEST SAVINGS, ACCOUNT SELECT SERVICE $10, USD $25, $97, $6, Open a now,amnint Investinq Total: CON $114, USD $25,010.96

6 WHEELER et al v. HESS et al Plaintiffs Defendants Court File No.: CV ONTARIO SUPERIOR COURT OF JUSTICE Proceeding commenced at Toronto, Ontario MINUTES OF SETTLEMFNT EVANS SWEENY BORDIN LLP King Street West, Hamilton, Ontario L8P 1A4 FAX EVANS SWEENY BORDIN LLP MICHAEL BORDIN (LSUC# 40047W Tel: ( Fax: (