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TRANSCRIPTS
This page contains links to all available court transcripts.
This is where you can read what really happened at each hearing and
the trial.
METAXIDES LAWSUIT
Transcript of the First Hearing - January 23, 2007
The court states that the case is not ready for trial, and refers it
to the dispute resolution conference to try to work out the issues.
Mr. Knowles appears for Apollon Metaxides and Robert Adams appears
for Silver Point. This follows a note sent to counsel on
December 4, 2006, indicating that it was recommending to do so.
COLLINS LAWSUIT
Injunction Hearing - February 22, 2010
It is revealed that Mr. Metaxides' attorney, Edwin Knowles, has
appeared on behalf the BOD. 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.
Injunction Hearing - April 22, 2010
Ms. Johnson fails to appear, and the action is dismissed for
non-appearance of the Plaintiffs. Costs to be paid by Mr.
Collins.
INJUNCTION HEARINGS
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.
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.
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).
AMENDMENT TO ORIGINATING SUMMONS
Hearing for Leave to Amend Originating Summons - March 23, 2011
Transcript of the
hearing. Both defendants object to the proposed amendments and
refuse to consent. Hearing is held and plaintiffs granted
leave to amend.
COUNTERCLAIMS
Hearing for Leave to File Counterclaims - May 18, 2011
Transcript of hearing. Judge rules that counterclaims do
not contain a substantive claim, and dismisses both applications.
Costs to be paid by Metaxides and Silver Point.
TRIAL
Day 1 - Fred Smith Presents for the
Plaintiffs - November 7, 2011 (Not Yet Available)
Day 2 - Fred Smith Presents for the Plaintiffs - November 8, 2011
Transcript of trial. Mr. Smith finishes introducing
evidence, begins submissions.
Day 3 -
Gail Lockhart-Charles Presents for Silver Point - November 9, 2011
Transcript of trial. Mr. Smith finishes submissions for the
plaintiffs, then Ms. Lockhart-Charles presents for SPCA. Edwin
Knowles begins his presentation for Metaxides.
Day 4
- Edwin Knowles Presents for Metaxides & Rebuttal - November 10,
2011
Knowles finishes his submissions on behalf of Metaxides, Smith
rebuts, and the matter is finished.
APPEAL
Day 1 - November 29, 2012 - Court Takes up Preliminary Point
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.
Day 2 - January 15, 2013 - Argument on Preliminary Point
Argument of point #1 of 34 points of law
being appealed. Lockhart-Charles requests more time to
find case law to support her view, which is granted by the Court.
Day 3 - March 4, 2013
Final day of Argument on the Preliminary Point.
Court of Appeals overturns the Judgment of Longley J.
Day 4 - June 11, 2013
Clarification on Costs - Appellants Excluded, All Costs To be Paid
by Silver Point & Metaxides
Knowles Application to Admit Fresh Evidence - Denied. Costs of
$1500 Awarded to Appellants.
Knowles Application for Leave to Appeal to Privy Council - Denied.
SPCA Application for Leave to Appeal to Privy Council - Allowed.
SPCA Application for Stay of Enforcement Pending Appeal - Denied.
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