A Mareva hearing in potential class-action lawsuit over the Ottawa protests is about to begin, concerning plaintiff's request to freeze donations to Freedom Convoy 2022 and others, that is: to keep the cash and crypto from being dispersed before the case is heard.
Presiding: Justice Calum MacLeod.
For plaintiffs: Monique Jilesen and Paul Champ.
For (some of the) respondents: Norman Groot.
For the Ontario attorney general: Melissa Adams.
For the TD Bank: Geoff Hall and Leah Ostler.
Proposed escrow agent: Bobby Kofman.
For plaintiffs: Monique Jilesen and Paul Champ.
For (some of the) respondents: Norman Groot.
For the Ontario attorney general: Melissa Adams.
For the TD Bank: Geoff Hall and Leah Ostler.
Proposed escrow agent: Bobby Kofman.
It appears that protest organizer Pat King (currently in custody at OCDC) is not represented at the hearing. Groot is representing the named defendants on behalf of Keith Wilson.
Jilesen says she and Groot are close to a resolution to the Mareva matter, with respect to defendants Garah, St. Louis, Dichter: crypto currency assets and e-transfer assets would be transferred into escrow set up by bankruptcy trustee firm after today's hearing.
Then, per this yet-to-be-final agreement, they would return in a week to discuss extending the Mareva order. (Mareva is an asset freezing order.)
Adams for Ontario AG says there is an overlap between this Mareva and AG's order on freezing assets. Says AG has no issue with putting the crypto and other assets into escrow. But says there could be ongoing criminal investigations, warns AG could seek to vary Mareva order.
[This is interesting, as it suggests AG is also going after the money via criminal investigations.]
Hall for TD Bank notes a potential overlap, too. Doesn't object to proposed escrow.
Groot says Garah/St. Louis/Dichter are willing to move the assets, cash and crypto, into escrow, but would then ask that the Mareva order on them be lifted. Notes that TD Bank could speak to account of Tamara Lich (also in custody at OCDC).
Court will reconvene on March 9 at 2 pm to discuss whether Mareva order will be continued.
Hearing will break for 30 minutes to finalize the agreement to continue the Mareva until March 9 and move the assets into escrow. Back at 11 am.
Back from break. The parties have reached an agreement on moving donated funds and crypto into escrow, Mareva order extended until March 9 with variance to permit to transfer to escrow agent.
The agreement will allow escrow agent to change passwords for the crypto accounts. Will include e-transfers to Adopt-a-Trucker and a bunch of other assets. Crypto currency will remain as crypto.
Disclosure requirements for banks and financial institutions will continue (this is potentially broader than the assets listed in the Mareva order schedule).
[What we haven't heard yet is an estimate of the size of the assets covered by the Mareva order.]
Groot says there are still outstanding issues about the corporate respondent "Freedom" -- the Canada corporation set up by protesters -- and assets controlled by Tamara Lich.
Groot says the respondents may have issues will extending the Mareva injunction beyond March 9.
J. MacLeod reminds everyone this is all about a civil claim and not a criminal matter, "an entirely different animal" than other proceedings ongoing.
Hearing wraps up. Expect Justice MacLeod to endorse the agreement on extending Mareva and transfers to escrow later today. -30-
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