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)

Pre-Action Letter Sent to BOD to Avoid Injunction - November 25, 2010
Letter invites the Board of Directors to voluntarily agree not to enforce the Consent Order until the issue of its legality is ruled upon in hopes of avoiding injunction proceedings and saving the extensive costs of litigation.  There is no response to the letter, so an injunction is filed.

Exparte Summons Filed - December 10, 2010
After receiving no response from the BOD to their letter, Swart, Biswanger, Taylor and Moncrieff file for injunctive relief to stop the BOD from enforcing the Consent Order until its legality can be determined by the court.

Affidavits Filed with the Injunction:

Submissions and Skeleton Arguments:

• Plantiff's Submissions

• Metaxides Submissions

• Silver Point Submissions

Metaxides Files Summons to Strike Out Injunction - December 13, 2010
Claims Fred Smith is in a conflict of interest position.  Mr. Smith defends his position that he is not, and ultimately Metaxides withdraws the Summons.  No cost to Silver Point.

First Injunction Hearing - December 15, 2010
Court allows owners to be present over objections by the BOD and Metaxides.  McDonald & Co. is replaced as Silver Point attorney by Gail Lockhart-Charles & Co from Nassau.  Ms. Carlino from her office requests an adjournment as she was just hired the day before.  The Plaintiffs again ask the BOD not to enforce the Consent Order until the matter can be settled, but they refuse. The judge grants the adjournment to January 5, 2011.

Metaxides Files Summons to Strike Out Joinder - December 22, 2010
Mr. Smith defends his position that there is no joinder in this action, and Metaxides ultimately withdraws the summons.  No cost to Silver Point.

Second Injunction Hearing - January 5, 2010
Metaxides withdraws conflict and strike-out summonses, Fred Smith presents the case for the Plaintiffs, Gail Lockhart-Charles presents for Silver Point.

Annual General Meeting - January 22, 2011
3 new Board Members elected in addition to the 4 existing Members.  Knowles gives advice to the owners that if the plaintiffs stand for the Board they will have to immediately withdraw their lawsuit and pay all costs, citing the Wembley Principle.  Upon legal advice that this was false, Larry Biswanger, Toni Donato and Ben Zuk are elected to the Board.

Third Injunction Hearing - January 28, 2011
Edwin Knowles presents the case for Mr. Metaxides, the Board of Directors agrees not to enforce the Order until the completion of trial (the exact same undertaking the Plaintiffs requested prior to the injunction being filed, but were refused), in essence granting the injunction. Costs to be in the Cause (see costs).

Letter to Owners from Callender's re: Injunction - February 3, 2011
Informs owners of the outcome of the injunction hearings, that the Consent Order cannot be enforced until after trial, and that no changes to units need to be made in that time.

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