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)

This page is an overview of the ongoing litigation at Silver Point beginning with the original lawsuit by Metaxides et al, the settlement and Consent Order resulting from it, and the subsequent litigation that followed. 

For more detailed information, including links to documents, you can navigate the process using the links on the left side of the page.

For a detailed timeline of all evidence submitted in the course of the trial, click here.
 

JANUARY 11, 2006	Apollon Metaxides, on behalf of himself and five other owners, files a lawsuit against Silver Point, primarily dealing with distribution of hurricane funds, but also seeking access to documents allegedly being withheld by the Board of Directors, and a declaration as to if windows and doors are common property.  Robert Adams of Graham, Thompson & Co. is retained to represent Silver Point in the matter, while Edwin Knowles of Sessions House represents Mr. Metaxides. Mr. Knowles is a unit owner, and was on retainer for Silver Point at the time the action was filed. (See Details)
JANUARY 14, 2006	Metaxides obtains an injunction against Silver Point, in order to stop discussion of disbursement of hurricane funds at the 2006 AGM, and also to stop any authorization of window installations that do not meet building code or have the supervision of an engineer.
JANUARY 23, 2007	Judge states that the case is not ready for trial, and refers the parties to a dispute resolution conference to work out their differences.
MARCH 10, 2007	AGM.  Committee consisting of two prior Board members (Larry Biswanger and Graham Groves) and two new Board members (Brian Cromwell and Peter Kaklamanakis) is appointed by the owners to negotiate with Metaxides and try to work out a settlement.
APRIL 4, 2007	Robert Adams states the sides are too far apart and they should skip the conference and proceed to case management before a judge.
OCTOBER 22, 2008	Justice Evans recuses herself from the case, citing a conflict of interest.  She had executed some of the supporting documents herself as a practicing attorney.
JUNE 19, 2009	A Consent Order signed by Brian Cromwell and Apollon Metaxides is filed with the court.  Owners are notified that it has been enacted as law and they must comply.  No consultation with the committee or Silver Point counsel, Robert Adams, took place.  No owners had prior notification or a chance to weigh in, and the terms of the Order were immediately disputed as illegal by several attorneys who were residents of Silver Point, most notably Doug Collins (who threatened a lawsuit), and other owners. (See Details)
JANUARY 16, 2010	AGM.  A committee is formed to try to reach a settlement and avoid further legal action.
JANUARY 22, 2010	The committee meets, but Director Labrie disbands the committee after one meeting.  In an attempt to salvage discussions and avoid litigation, Directors Swart and Manley form a subcommittee that will report to the greater committee their findings prior to the reconvened AGM.  A scheduled meeting with Doug Collins to work out a settlement is canceled by Director Labrie.
FEBRUARY 8, 2010	The door now closed to negotiation, Doug Collins files a lawsuit against Brian Cromwell and the Board of Directors, claiming they acted without authority and seeking to have the Consent Order set aside.  (See Details)
FEBRUARY 9, 2010	Doug Collins files for injunctive relief to stop the BOD from enforcing the Consent Order until the matter can be ruled on by a judge.
FEBRUARY 18, 2010	Subcommittee reports significant potential legal issues with the Consent Order and recommends to obtain further legal advice as to the merits of the Collins Claim before responding.  Remaining BOD rejects the advice and appoints Brian Cromwell to be the sole point of contact for the Board's attorney, despite being a personally named defendant.  Against Subcommittee recommendations, Constance McDonald appears in court on behalf of the Board of Directors and Brian Cromwell.
FEBRUARY 21, 2010	Director Johann Swart resigns in protest and warns of the implications of the BoD's actions.  A letter is sent to all owners.
FEBRUARY 22, 2010	Director John Manley resigns in protest.  A letter is sent to the BOD.
FEBRUARY 22, 2010	First injunction hearing.  Judge declares windows are not common property, and that the clause in the Consent Order that declares them as such is invalid.  He orders the parties to go back and discuss the matter and come to a resolution agreeable to all. (Read Transcript)
MARCH 19, 2010	The BOD and Metaxides file an Amended Consent Order that removes the declaration about common property and extends the compliance date.  Mr. Collins was not consulted prior to the filing.
APRIL 20, 2010	A summons for joinder is filed by six unit owners - Johann Swart, Larry Biswanger, Bill & Susan Taylor, Scott Moncrieff, Carol Haythorne and Toni Donato.  The purpose is to appeal the Consent Order.  (See Details)
APRIL 22, 2010	Rengin Johnson, attorney for Doug Collins, fails to appear and the injunction application is dismissed for non-appearance.
MAY 11, 2010	Robert Adams (Silver Point's Attorney) writes to the BOD, informing them that had he been consulted, he would have advised that the Consent Order contains terms that do not comply with the law.
MAY 12, 2010	Brian Cromwell writes back, disputing Mr. Adams' advice and informs him that he's been fired.  Cromwell asserts that the Amended Order is valid.
MAY 13, 2010	Robert Adams responds that the Amended Order is similarly defective.  No owners are notified of this advice by Silver Point's attorney.
MAY 18, 2010	Scheduled Hearing for Joinder does not take place due to a misfiled document.  Registrar directs parties to refile with a judge.
JUNE 14, 2010	Callender's & Co. sends a letter to all owners advising of pending legal action.
JULY 19, 2010	Callender's & Co. sends letters to all interested parties, and all owners, advising of the illegality of the Consent Order, the possibility of personal liability for the Board Members, and inviting all parties to negotiate to avoid further legal costs.  There is no response. (See all Letters)
SEPTEMBER 30, 2010	Collins withdraws lawsuit against Silver Point with prejudice to file another one if necessary.
OCTOBER 6, 2010	Swart et al. withdraw joinder summons with prejudice.
NOVEMBER 25, 2010	With no response whatsoever to their letters and requests for negotitation and settlement, a lawsuit is filed by Callender's & Co. on behalf of four unit owners - Johann Swart, Larry Biswanger, Bill Taylor and Scott Moncrieff - against Apollon Metaxides and Silver Point.  The suit seeks to have the Consent Order declared illegal, invalid and unenforceable, and also seeks to have Metaxides return the $25,000 granted him by BOD in the Consent Order.  (See Details)
NOVEMBER 25, 2010	Callender's & Co. sends a letter to the BOD asking them to voluntarily agree not to enforce the Consent Order in order to save the legal costs of an injunction.  There is no response.
DECEMBER 9, 2010	After receiving no response to their request, Swart et al. file for injunctive relief, seeking to stop the BOD from enforcing the Consent Order until its legality can be determined.  (See Details)
DECEMBER 13, 2010	Metaxides files a summons seeking to have Callender's & Co. recused for conflict of interest.  The summons is later withdrawn, with costs payable by Metaxides to the Plaintiffs.
DECEMBER 15, 2010	First Injunction Hearing.  BOD replaces McDonald & Co. with Gail Lockhart-Charles from Nassau.  BoD objects to owners being present in the courtroom despite paying for the attorney who is representing them.  Court rules that owners have a right to be present for the hearings.  Plaintiffs again request voluntary agreement by the BOD not to enforce to avoid further costs.  Their requests are again refused.
DECEMBER 22, 2010	Metaxides files a summons seeking to have the joinder summons struck as being an abuse of process.  The summons is later withdrawn. Costs Ordered to be paid by Metaxides to the Plaintiffs.
JANUARY 5, 2011	Second Injunction Hearing.  Metaxides withdraws conflict summons and joinder strike-out summons.  Costs again Ordered to be paid by Metaxides to the Plaintiffs.
JANUARY 22, 2011	AGM.  Directors Cromwell, Labrie, Rosselli and Kaklamanakis are re-elected, and Toni Donato, Ben Zuk, and Larry Biswanger are elected as new Board Members.  Chairman Labrie refuses all requests to discuss the lawsuit.
JANUARY 28, 2011	Third Injunction Hearing.  BOD finally agrees not to enforce the Consent Order until its legality can be determined, in effect granting the injunction that they could have agreed to in the beginning and no money would have been spent. Instead, hundreds of thousands of owner dollars are wasted.
FEBRUARY 8, 2011	Plaintiffs seek leave to amend their action to include a request that the costs of the action should be paid by the individual Board Members and Mr. Metaxides and not the unit owners.  The BoD, acting in conflict of interest, refuses to consent and a hearing is scheduled.
MARCH 23, 2011	Hearing for Leave to Amend the action.  Leave is granted.
MARCH 29, 2011	Callender's & Co. sends letters to Brian Cromwell, Peter Kaklamanakis, Warren Labrie, Robert Rosselli and Eddie Llambias, notifying them of the cost claim against them.
MAY 6, 2011	Silver Point files for Leave to File a Counterclaim against the plaintiffs. (See Details)
MAY 13, 2011	Metaxides applies for Leave to File a Counterclaim against the plaintiffs.
MAY 18, 2011	Hearing for Leave to File a Counterclaim.  Both applications are dismissed as lacking a substantive claim, with costs to be paid by Metaxides and SPCA.  Another estimated $100,000 in wasted owner's money.
JUNE 1, 2011	Director Ben Zuk resigns in protest.  Sends a letter to all owners.
JUNE 5, 2011	Director Toni Donato resigns in protest.  Sends a letter to all owners.
JUNE 6, 2011	Director Larry Biswanger resigns in protest.  Sends a letter to all owners.
NOVEMBER 7, 2011	Trial to determine the legality of the Consent Order begins.  (See Details)
NOVEMBER 10, 2011	Trial ends.  Parties await the judge's decision.
MARCH 16, 2012	Judgment issued in favor of the defendants.  Plaintiffs inform Silver Point and Metaxides that they plan to appeal, and ask them to voluntarily agree not to enforce the order until the appeal can be heard (in order to save costs).  Defendants again refuse.
APRIL 4, 2012	Plaintiffs file for a Stay of Enforcement Pending Appeal to prevent the judgment and Consent Order from being enforced until the appeal can be heard.  (See Details).
APRIL 26, 2012	Plaintiffs file a Notice of Appeal with the Court of Appeals. (See Details).
APRIL 26, 2012	SPCA files a Bill of Costs for the Trial in the amount of $180,345.00
AUGUST 9, 2012	Appellants amend the Notice of Appeal to include, inter alia, a request that the Directors be made to pay the costs of the action, and not the owners. Grounds of Appeal are increased to 34 Distinct Points of Law.
OCTOBER 24, 2012	Brian Cromwell sends out a notification to all owners that the Appeal has been dismissed for non-compliance, costs to be paid by the Appellants.
NOVEMBER 5, 2012	Appeal is reinstated and erroneous notification is rescinded.
NOVEMBER 5, 2012	Court of Appeals grants a Stay of Execution Pending Appeal.
NOVEMBER 5, 2012	Respondents file an application for Security for costs of the Appeal to be placed by the Appellants before proceeding.  DENIED.  SPCA and Metaxides ordered to pay $2,500 in costs to the Appellants.
NOVEMBER 29, 2012	First Hearing before the Court of Appeals.  Court takes up Appellants' first ground of appeal as a preliminary point, to be decided before continuing on to the remaining 33 grounds of appeal. If Appellants win on the point, the appellants win the case.  If they lose, then the case moves to point #2.
JANUARY 15, 2013	Hearings on the Preliminary Point continue.  Respondents are given more time to come up with support for their arguments.
MARCH 4, 2013	Final Hearing on Preliminary Point.
MAY 2, 2013	Court of Appeals issues a unanimous ruling of the 3-judge panel in favor of the Appellants.  Ruling of lower court judge is overturned, all costs payable to the Appellants to be taxed if not agreed.  BoD announces intent to appeal to the Privy Council.
JUNE 11, 2013	Court of Appeals specifically excludes the Appellants from any costs in the matter, and clarifies that the owners of Silver Point (and not the Directors) are liable for the costs of the action.
JUNE 11, 2013	Metaxides tries to introduce fresh evidence.  DENIED.  Costs of $1,500.00 Ordered to be paid to the Appellants.
JUNE 11, 2013	Metaxides applies for Leave to Appeal to the Privy Council.  DENIED.
JUNE 11, 2013	Silver Point applies for Leave to Appeal to the Privy Council. GRANTED.
JULY 2, 2013	Metaxides applies for Special Leave to Appeal to the Privy Council.
AUGUST 2, 2013	Silver Point files Notice of Appeal with Privy Council. (See Details).
AUGUST 2, 2013	Callender's & Co. Files Bill of Costs in Appeal Proceedings in the amount of $377,896.45.
AUGUST 19, 2013	Callender's & Co. Files Bill of Costs in Counterclaim Proceedings in the amount of $97,203.33.
AUGUST 19, 2013	Callender's & Co. Files Bill of Costs in Supreme Court Proceedings in the amount of $1,050,435.43.
AUGUST 23, 2013	The Respondents file their objections to SPCA's Appeal to the Privy Council.
JANUARY 13, 2014	Silver Point and Metaxides object to taxation proceeding, citing certain documents filed out of time.  The Court of Appeal dismisses their objections, awarding all costs of both this hearing and the hearing on October 23, 2013, plus all costs of the application to the Appellants.
FEBRUARY 12, 2014	Silver Point Applies for Final Leave to Appeal to the Privy Council.
FEBRUARY 14, 2014	Metaxides is granted leave to Appeal to the Privy Council.
MARCH 31, 2014	Silver Point and Metaxides object to the filing of the final Judgment Order of Appeal, claiming that despite winning the Appeal, the Appellants were not entitled to any of the relief sought in the Appeal.  The Matter returned to the Court of Appeals, who dismissed their objections and expressly clarified that ALL relief sought in the Appeal had been granted, including the Consent Order being Set Aside (removed from the record) and Metaxides being Ordered to repay the $25,000 to Silver Point Owners.
APRIL 14, 2014	Callender's & Co. Files Bill of Costs in the Objection Proceedings of January 13, 2014, in the amount of $106,871.91.

MORE INFORMATION

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