DETAILED TIMELINE OF MAJOR EVENTS
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GOVERNING DOCUMENTS

ORIGINAL METAXIDES LAWSUIT (2006)

CONSENT ORDER (2009)

COLLINS LAWSUIT (2009)

APPLICATION FOR JOINDER (2010)

LAWSUIT AGAINST CONSENT ORDER (2010)

INJUNCTIVE ORDER (2010)

COUNTERCLAIMS (2011)

APPEAL OF JUDGMENT (2012-2013)

SECURITY OF COSTS OF APPEAL (2012)

APPEAL TO PRIVY COUNCIL (2013)

Summary of Appeal:

The Plaintiffs (the Appellants) Appeal the decision of Longley J. of March 16, 2012, citing 34 unique points of law on which the learned judge erred, any one of which is sufficient to overturn the Judgment and award the appeal to the Appellants. 

The BoD again refuses to voluntarily Stay the judgment and save costs, so the Plaintiffs request a Stay of Enforcement Pending Appeal, which is ultimately granted by the Court of Appeal.  Costs of the Stay Application to be paid by SPCA and Metaxides.

SPCA & Metaxides (the Respondents) request $60,000 and $80,000, respectively, in bond for Security for Costs of the Appeal.  Their application is denied by the Court of Appeal, with $2,500 in costs awarded to the Appellants, to be paid by SPCA and Metaxides.

The 3-Judge Court of Appeals takes up the Appellant's First point out of 34 Grounds of Appeal as a Preliminary Issue (meaning they will hear it and rule on it before hearing point #2).  If the Appellants are not successful on the point, then the Appeal will continue.  If they are successful, in order to save costs, the Court will not hear the remaining 33 Grounds of Appeal.

After 3 days of hearings on the Preliminary Point, the 3-Judge panel issued a unanimous verdict in favor of the Appellants on May 2, 2013, overturning the Judgment of Longley J. and awarding all costs to the Appellants, to be paid by the owners of Silver Point and Metaxides.  The Board of Directors have filed an Appeal of the verdict to the Privy Council in England.

A Stay of Enforcement was refused by the Court of Appeals however, so costs on the matters to date will become immediately due and payable by Silver Point owners and Metaxides upon completion of the taxation process, regardless of Privy Council action.

Stay of Enforcement Pending Appeal

Gail Lockhart-Charles to Callender's & Co. Refusing to Voluntarily Stay Enforcement
Silver Point's attorney, Gail Lockhart-Charles, writes to Callender's  Co., stating the BoD's refusal to agree not to enforce the judgment or Consent Order until the appeal can be heard. 

Summons for Stay of Enforcement Pending Appeal - April 4, 2012
Due to the BoD's refusal of a voluntary stay, Plaintiffs are forced to file with the court to compel the BoD not to enforce the judgment until the appeal can be heard.

Documents Filed RE: Stay of Enforcement

• Originating Summons

• Affidavit of Jacqueline Banona on Behalf of the Plaintiffs

• Adjourned in Favor of Court of Appeals Hearing a Week Later - November 20, 2012

Notice of Appeal Filed - April 26, 2012
An Appeal of the Order of Justice Longley is officially filed for record.

Summons to Settle Appeal Record - June 8, 2012
Callender's requests the Respondents to agree on documents to be included in the Appeal.

Security for Costs
SPCA and Metaxides request the Appellants to put up a security bond to guarantee payment of the fees for Appeal, which is allowed only in special circumstances.  The Appellants point out the lack of special circumstances, but SPCA and Metaxides file a motion for Security of Costs before the Court of Appeals anyway.  Court of Appeals denies their requests and orders costs of $2,500.00 to be paid to the Appellants by SPCA and Metaxides. (See Security for Costs for Details)

Amended Notice of Appeal Filed - August 9, 2012
Appellants amend the Grounds of Appeal to include 34 distinct points of law where Justice Longley erred in his Judgment. This is the final notice of Appeal which will be argued before the Court of Appeal, with any one of the 34 points being sufficient to overturn the Judgment of Longley.

Notice of Dismissal of Appeal - October 24, 2012
The Registrar erroneously dismisses the Appeal for noncompliance with Rule 14(1) which has to do with placing a bond.  Appellants learn of dismissal from Brian Cromwell, are never notified by the Court.  The error by the Registrar is quickly pointed out and corrected, the Appeal reinstated.

• Letter: Brian Cromwell to All Owners Announcing Dismissal of Appeal with Costs

• Letter: Callender's to Registrar Noting Error and Requesting Reinstatement

• Affidavit of Compliance Filed September 17, 2012

• Notice of Motion to Restore Appeal - November 1, 2012

• Affidavit in Support of Motion to Restore Appeal - November 1, 2012

Documents Filed RE: Amended Notice of Appeal

• Appellants Submissions in Support of the Notice of Appeal - November 26, 2012

• Metaxides Submissions in Opposition - November 26, 2012

• SPCA Submissions in Opposition - November 28, 2012

• Metaxides Supplemental Submissions - December 19, 2012

• SPCA Supplemental Submissions - March 1, 2012

Appeal Hearings (with Links to Available Transcripts)

• Day 1 - November 29, 2012
  Introduction to the Matters before the Court, then hearings begin on the first of 34 points of law being Appealed, which is whether the Metaxides Action on which the Consent Orders were based was a nullity from inception.  Adjourned to January 15, 2013 at 10:00 AM.
   

• Day 2 - January 15, 2013
  Continuation of Argument of point #1 of 34 points of law being appealed.  Adjourned to February 28, 2013 at 10:00 AM, Later further adjourned to March 4, 2013 at 10:00 AM.
   

• Day 3 - March 4, 2013
  Final day of Argument on the Preliminary Point.  Court will issue decision on the Preliminary Point only, and if denied, then will continue with the remainder of the Appeal.

Court of Appeals Ruling - May 2, 2013
The 3-judge panel issues a unanimous verdict in favor of the Appellants, allowing the Appeal, setting aside the Judgment of Justice Longley, and awarding all costs to the Appellants.  BoD vows to Appeal to the Privy Council in England.  (See Privy Council for more details)

Metaxides Applies to Reopen Appeal, Citing New Evidence - June 6, 2013

Knowles finds notes that he claims vindicate himself and Metaxides. The evidence is falsely represented to the Court in Affidavit form, claiming it says he got Leave to Amend, though he has already admitted before the Court that he did not apply for Leave.

Callender's to Registrar: Knowles has Manufactured Facts, Requests Certification - June 6, 2013
Callender's points out the false representation of the evidence by Sessions House, and requests the Registrar to issue a clarification of what the notes actually say.

Metaxides Submissions in Support of Application to Introduce Fresh Evidence - June 10, 2013
Affidavit of Princess Ingraham Introducing Fresh Evidence - June 10, 2013

Affidavit of Jacqueline Banona in Opposition to Application for Fresh Evidence - June 10, 2013

Court of Appeals Ruling Regarding Costs, Privy Council, Fresh Evidence - June 11, 2013
At this hearing, the Appellants are excluded from any payment toward any legal fees by SPCA.  At the same hearing, Metaxides' attempt to submit fresh evidence is denied.  Costs of $1,500 to be paid by Metaxides to the Appellants.  Further, SPCA is granted Leave to Appeal to the Privy Council, while Metaxides is Denied Leave to Appeal. Importantly, the Court of Appeals refuses to issue a Stay, meaning that costs will become due and payable by Silver Point and Metaxides well before the matter can be heard in Privy Council.

• Appellants Submissions for Costs Hearing - June 6, 2013

• Transcript of June 11 Hearing

Perfecting the Order of the Court of Appeals
Callender's requests agreement from SPCA and Metaxides that the relief sought in the original action was granted to the Appellants in order to perfect the Order.  Both Respondents refuse agreement.  Callender's files a motion to appear before the Court of Appeals and requests Respondents to be responsible for costs of the motion.  Matter to be heard January, 2014.

• Letter: Callender's to Charles and Sessions House Requesting Agreement  - July 2, 2013

• Letter: Lockhart-Charles to Callender's Refusing Agreement - July 5, 2013

• Letter: Sessions House to Callender's Refusing Agreement - July 5, 2013

• Callender's Files a Motion with the Court of Appeal to Perfect Order - July 16, 2013

• Affidavit by Martin Lundy in Support of the Motion - July 16, 2013

Court of Appeals Ruling Expressly Setting Aside Consent Order - March 31, 2014
SPCA and Metaxides refuse to accept that the Court of Appeal ruling of May 2, 2013 did in fact Set Aside the Consent Order and did in fact require Metaxides to repay the $25,000 they had gifted to Metaxides to the owners of Silver Point.  This required additional hearings and additional costs, but in the end, the Court of Appeals expressly clarified that by virtue of winning the Appeal, the Appellants actually did get what they were asking for.  Metaxides Lawsuit is a Nullity and Does Not Exist, Consent Order is Set Aside (Removed from the Record), and Metaxides is Ordered to repay $25,000 to Silver Point.

Costs of the Appeal

• Appellant's Bill Of Costs - August 2, 2013
  Callender's & Co. files a bill of costs with the Registrar, seeking costs to be paid by SPCA and Metaxides, of $377,896.45.   This is only for the Apellants' costs of doing the appeal, and does not include the costs of the attorneys for Metaxides or SPCA, nor the costs of the Supreme Court action, the Counterclaims, or the Privy Council. 
   

• Order Dismissing Respondents' Objections to Proceeding with Taxation - January 13, 2013
  SPCA & Metaxides object to proceeding with taxation of costs, citing documents filed out of time.  The Court of Appeal dismisses these objections, and Orders SPCA & Metaxides to pay all costs of both this hearing and that of October 23, 2013, and all costs of the application.
   

• Bill of Costs for the Order Dismissing Respondent's Objections
  Callender's & Co. files a bill of costs with the Registrar, seeking costs to be paid by SPCA and Metaxides, of $106,871.91.   This is only for the Apellants' costs of doing the appeal, and does not include the costs of the attorneys for Metaxides or SPCA, nor the costs of the Supreme Court action, the Counterclaims, the Appeal itself or the Privy Council.  This amount, after taxation, must be paid by SPCA/Metaxides no matter what the outcome of Privy Council.

What's Next?

A hearing to perfect the Order of the Court will be heard, resulting in the Final Order being filed for record.  Callender's has filed a bill of costs with the Registrar for the appeal in the amount of $377,896.45, and has also filed bills of costs for the Counterclaims in the amount of $97,203.33, for the Supreme Court Trial of $1,050,435.43, and for the Objection Hearings for $106,871.91.  The matters are set down for taxation by the registrar in May 2014.  Upon completion of the taxation hearing, agreed costs will be immediately due and payable by Metaxides and Silver Point owners, as no Stay of Execution Pending Appeal was granted by the Court of Appeal.  In addition, Silver Point and Metaxides will need to pay their own attorneys fees for the action.  Meanwhile, Silver Point and Metaxides have filed an Appeal with the Privy Council, which typically takes 1-2 years to be heard and a judgment issued.

Continue to: The Action Proceeds to Privy Council

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