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)

On May 25, 2009, the Board of Directors and Mr. Metaxides signed a Consent Order and undertook not to take any further steps in the court proceedings, and to mark the Metaxides lawsuit as settled.  Neither the unit owners, the committee established at the 2007 AGM to settle the matter, or Mr. Robert Adams, Silver Point's attorney, were aware of these events.

Filing of Summons to Hear Parties - June 18, 2009
Session House Partners (Edwin Knowles) filed a Summons with the Supreme Court of the Bahamas to hear the parties regarding the Consent Order that afternoon.

The Consent Order is Signed - June 18, 2009
On June 18, 2009, Edwin Knowles (for Mr. Metaxides) and Lula Frith (under the authority of Brian Cromwell for the Board of Directors) appeared before the Supreme Court of the Bahamas and presented the Consent Order for signing.  The Consent Order was signed by a judge and filed with the Supreme Court of the Bahamas the following day.  The accompanying affidavit for Silver Point is filed by Sessions House (Edwin Knowles), the plaintiff's attorney.

Letter to Owners RE Consent Order - June 20, 2009
The Board of Directors send a letter to all owners informing them that the Consent Order, agreed to by Mr. Cromwell and Mr. Metaxides, had been "enacted as law", "states what must be done by an owner in default" and "makes it necessary that the BOD follow through with the Order".

Letters from the Owners - June & July, 2009
Many owners, including Doug Collins (#70), Noula Mangos (#72), Toni Donato (#73), and Johann Swart (#74), are upset and immediately write letters to the Board of Directors.

Letter to Owners RE Consent Order - July 20, 2009
The Board of Directors writes a letter to the owners justifying their actions, citing unnamed "legal minds not related to Silver Point" and "insurance minds not related to Silver Point" as the basis for their decision to settle the order against their attorney's advice.

The objection from the owners continues, in particular letters from Mr. Collins (an attorney) and Jack Niedrach of Unit #55 (a judge), up to the 2010 AGM.  The BOD stated that their case was a losing one so they didn't want to spend any more money. There is no evidence as to how they arrived to this decision, as their attorney, Robert Adams, had provided the opposite advice.

Annual General Meeting - January 16, 2010
The Consent Order is the topic of discussion, with Mr. Metaxides asserting that the Consent Order is the law and that it had been interpreted by a judge that windows were common property, and Eric Haythorne (Proxy for #60) replying that a Consent Order was not interpreted by a judge, but merely an agreement between two parties.  Many owners, including Mr. Collins, Mr. Niedrach, Mr. Swart, Larry Biswanger, Sandra Booken, Haje Plitt, Peter Acres and Warren Labrie made comment in a lengthy discussion on the matter. A resolution was ultimately made to form a committee to deal with the issues surrounding the Consent Order and to attempt a settlement.

Windows Committee Meeting - January 22, 2011
The Windows Committee meets, but at the urging of Warren Labrie, it quickly disbands.  No vote was taken to disband the committee.  John Manley and Johann Swart volunteer to try to work as a subcommittee and present their findings to the greater committee and the Board of Directors.  See Affidavit of Johann Swart.

Meeting with Doug Collins - January 22, 2011
The scheduled meeting with Doug Collins to try to negotiate a settlement and avoid litigation is canceled by Director Labrie.  No Board Meeting was held, and the other members of the Board were not consulted.  See Affidavit of Johann Swart.

Board Meeting to Discuss Subcommittee Findings - January 30, 2010
Mr. Manley and Mr. Swart reveal that they have uncovered sufficient doubt to warrant legal advice, and recommend hiring Gouthro & Co. to work to fix the Consent Order in time for the full windows committee to discuss prior to the reconvened AGM.  The motion is voted down with Mr. Cromwell and Mr. Labrie casting votes against.  Mr. Manley to set up a meeting with Constance McDonald to discuss the matter.  The BOD meeting minutes were later revised after the resignation of Mr. Swart (the Secretary of the Board) and distributed to the owners.

On February 8, 2010, the Board is served with an Originating Summons by Doug Collins, naming Brian Cromwell and the Board of Directors as defendants. 

Continue to Collins Action