Dean_M_Love
May 12th, 2002, 08:44 PM
On Thursday, May 9th, 2002, The Honourable Associate Chief Justice J. Oliphant dismissed two motions made by K. William McKenzie, representing NDS group and Bell ExpressVu LP which sought, among other things, that "...Dean Love be imprisoned and pay a fine in the amount of $50,000.00...".
In his reasons for decision, Justice Oliphant pronounced that the actions of McKenzie in pursuing that contempt allegation in light of the consent judgement and settlement, amounted to an abuse of the Court's process and ordered that the Plaintiffs forthwith pay all of Dean Love's legal fees in regard to responding to the allegations of contempt, on a solicitor client basis. This is expected to amount to several thousand dollars. This brings to over $5000.00 the total amount of costs now awarded against these plaintiffs for motions that have been heard, with NO costs yet in their favour.
It is my opinion that the only reason these contempt allegations were raised again was McKenzie's warped way of defending the lawsuits he now faces. Unfortunately for Kenneth, he just lost of one his quivers, and Justice Oliphant indicated to him in no uncertain terms that the rest of the "issues" raised by him are "much adieu about nothing" (that is a direct quote from the Justice).
Time to think about filing an ACTUAL defense, perhaps?
PS. Perhaps your clients ought to rethink the part about "we won't pay him one penny".
In his reasons for decision, Justice Oliphant pronounced that the actions of McKenzie in pursuing that contempt allegation in light of the consent judgement and settlement, amounted to an abuse of the Court's process and ordered that the Plaintiffs forthwith pay all of Dean Love's legal fees in regard to responding to the allegations of contempt, on a solicitor client basis. This is expected to amount to several thousand dollars. This brings to over $5000.00 the total amount of costs now awarded against these plaintiffs for motions that have been heard, with NO costs yet in their favour.
It is my opinion that the only reason these contempt allegations were raised again was McKenzie's warped way of defending the lawsuits he now faces. Unfortunately for Kenneth, he just lost of one his quivers, and Justice Oliphant indicated to him in no uncertain terms that the rest of the "issues" raised by him are "much adieu about nothing" (that is a direct quote from the Justice).
Time to think about filing an ACTUAL defense, perhaps?
PS. Perhaps your clients ought to rethink the part about "we won't pay him one penny".