Court File No.: C-1290-03

ONTARIO
SUPERIOR COURT OF JUSTICE

BETWEEN:

PETER RINGROSE and DUANE BOLES

Plaintiffs

- and -

ANEURIN ELLIS

Defendant

THE PLAINTIFFS will make a motion to the Court, on Thursday, the 20th day of July, 2006 at 10:00 a.m., or as soon after that time as the motion can be heard, at the Court House, 20 Weber Street East, Kitchener, Ontario, N2H 1C3.

PROPOSED METHOD OF HEARING:

 

in writing under subrule 37.12.1(1) because it is made without notice;

 

in writing as an opposed motion under subrule 37.12.1(4);

X 

orally.

THE MOTION IS FOR:

1. A warrant of Committal for imprisonment of Aneurin Ellis for a period of six months or such other time to be fixed by this Honourable Court;
2. Costs on a substantial indemnity basis;
3. Such further and other relief as this Honourable Court deems just.

THE GROUNDS FOR THE MOTION ARE:

1. Rule 60.11(7) of the Rules of Civil Procedure;
2. The Defendant Aneurin Ellis is in contempt of the Judgment of Mr. Justice Reilly made the 27th day of January, 2005 and the Order of Mr. Justice Fedak made September 7, 2005.
3. Such further and other grounds as counsel may advise and this Honourable Court may permit.

THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the hearing of Motion:

1. The Affidavit of Peter Ringrose, sworn July 4, 2006;
2. Such further and other material as counsel may advise and this Honourable Court permit.

Dated: July 4, 2006