DETAILED TIMELINE OF MAJOR EVENTS
See Links Above for More Information

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)

Original Summons Filed - February 8, 2010
Doug Collins files a lawsuit against Brian Cromwell and the Board of Directors seeking to have the Consent Order set aside (removed) on the basis that the BOD did not have the authority to enter into the Consent Order.

Affidavits Filed with the Action - February 8, 2010

Application for Injunction Filed - February 9, 2010
The next day, Mr. Collins files for an injunction to stop the Board of Directors from enforcing the Consent Order until his action could be heard.

Board Meeting - February 11, 2010
It was moved to hire Constance McDonald as BOD counsel in the Collins matter, and passed by a vote of 4-2, with Johann Swart and John Manley voting against.  Mr. Swart notes the absence of the detailed discussion as to the objection in the minutes by Ms. Frith and refers to his affidavit.

Board Meeting - February 12, 2010
Ms. McDonald is issued a retainer of $3,500, and Johann Swart is appointed as the point of contact for Ms. McDonald.  The BOD minutes were later revised by the remainder of the BOD to reflect that Brian Cromwell was appointed in that fashion, but Mr. Swart claims that is false and didn't happen, which is supported by the correspondence below where Brian Cromwell appoints himself as the sole contact over the objection of Swart and Manley.  See the affidavit.

Correspondence Between Directors - February 16-18, 2010
Discussion of diligence vs. negligence, Swart makes an appointment with McDonald, Cromwell reveals secret meeting with McDonald and appearance on behalf of BOD, McDonald cancels the only meeting prior to the scheduled hearing, lack of a legal opinion, draft affidavits, Cromwell appoints himself as sole contact for BOD, conflict of interest, Board meeting canceled, etc.

Johann Swart Resigns in Protest from BOD - February 21, 2010
Swart alleges breach of fiduciary duty of the BOD and resigns in a letter sent to all owners.

John Manley Resigns in Protest from BOD - February 22, 2010
Manley cites how he has been prevented from fulfilling his duty to the owners and resigns.

Injunction Hearing - February 22, 2010
It is revealed that Edwin Knowles has appeared for the BOD.  He still remains the attorney of record for the BOD in the Collins action.  Justice Longley points out that doors and windows are NOT common property, contrary to the Consent Order, and that the declaration in Paragraph 8 as to common property is not valid. He states "what's good for the goose is good for the gander" in referring to the selective enforcement of windows and not other changes to the building, and notes that if Robert Adams had been consulted that the Consent Order would not have been drafted the way it was.  Ultimately he orders the parties to discuss the matter and attempt to resolve the issues relating to the Order and appear before him in March.

Haythorne & Forsyth Write to BOD - March 16, 2010
Mrs. Haythorne and Mrs. Forsyth urge BOD to withdraw Consent Order to save further costs.

Amended Consent Order - March 19, 2010
McDonald and Knowles appear before the court with an amended Consent Order, having removed the common property declaration and changed the date of compliance.  The amended order is signed by Justice Longley.

Supplemental Affidavit of Doug Collins - March 22, 2010
Collins notes that neither he nor his attorney were consulted prior to the signing of the Amended Consent Order, and that no owners were given the opportunity for input.  He notes the direct contradiction of the Court's Order to discuss the matters.

Affidavit of Brian Cromwell - April 20, 2010
Cromwell responds to the various affidavits by the Plaintiffs.

Summons for Joinder Filed - April 20, 2010
Johann Swart, Larry Biswanger, Bill & Susan Taylor, Scott Moncrieff, Carol Haythorne and Toni Donato file an application to be joined to the Metaxides action for the purpose of appealing the Consent Order.  See Joinder for More Details.  There is a separate page dealing with this action.

Injunction Hearing - April 22, 2010
Ms. Johnson fails to appear, and the action is struck for non-appearance of the Plaintiffs.  Costs to be paid by Mr. Collins.

Withdrawal of Collins Action - September 30, 2010
Mr. Collins withdraws his lawsuit upon advice from new attorney Fred Smith of Callender's & Co, with prejudice to file a new action should he wish to.  Callender's & Co. was already representing Johann Swart, Larry Biswanger, Bill Taylor and Scott Moncrieff in a separate action against the Consent Order and Mr. Smith advised that the plaintiffs should just concentrate on a single action.  See the Current Lawsuit for more details on that action.

Continue to Joinder Application