| Jordan Bionda |
| Jordan Bionda Jordy Bionda, Jordi Bionda, Marcie Mackesy, Joel Bionda, JOrdan Bionda, Marcie Mackesy, Joel Bonda thieves and liars and predetors |
| 24th of Apr, 2011 by User346734 |
| Jordan Bionda and his family especially his brother Joel Bionda of Tux Night Club have been thieves their entire life they have stolen money from literally hundreds of people Jordan Bionda has a Criminal record for fraud and his father the dubious and infamous amateur at best lacrosse player Jack Bionda ..... was charged for running a pyramid scheme in the early 80s and so was Jordan Bionda and Jordan Bionda the ever dutiful son fell on the proverbial sword to protect his thieving father and Huntsville actually named a hockey arena after this guy.......anyway Jordan Biondas latest criminal activity was to take about 2.5 million usd from a number of people and told them that the money would be safe in his hands......lol he has no concept of respect or truth......and 5 years later not one of these people has received a penny back from him.......in fact my investigator has dug up a transcript from the Supreme Court of Ontario where Joel Bionda , that is Jordan Biondas brother actually admits to assisting his brother Jordan Bionda hide One Million Five Hundred Thousand Dollars US (1,500,000.00 usd) and admitted in the examination under oath that he laundered money in the bahamas for his brother........the court file number if anyone is interested in looking this up is 07 CV 327417PD2 and in that same action a judgement was given against Jordan Bionda for perpetrating a fraud in the amount of $2,333,027.51 and he has still not paid one cent back notwithstanding that jdgement of the Superior Court of Ontario. there is also a judgement against Jordan Bionda and his sometimes girlfriend and co conspirator Marcia Mackesy, the self proclaimed athlete for another $120,000 for not paying rent and this judgement can be found in the Superior Court of Ontario by looking up Court File number 105/07 Jordan Bionda tried to appeal this decision and the court of appeal had little good to say about Jordan Bionda or the other Defendant in the action i encourage you to read for yourself the Court of Appeal decision which i have posted here for your quick reference and how the Justice in that instance saw right through the treachery of Jordan Bionda and his henchmen co conspirator family some of the relevant portions of the decision of the justice of the Court of Appeal can be viewed on kycnews.com the Biondas have not paid one dime and has been in continuous breach of several court orders |
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Marcie Mackesy and her husband Jordan Bionda from Huntsville Ontario now living in panama to protect their ill gotten gains ... read this and dig deep do your own investigation before you befriend these foes
Court File No. 07 CV 327417PD2
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N :
ELIO MIOTTO, DAVID MIOTTO, 1411187 ONTARIO INC.
and 1530495 ONTARIO INC.
Plaintiffs
and
JORDAN BIONDA, also known as JORDI BIONDA, also known as
JORDY BIONDA, MARCIE MACKESY, also known as MARCIA MACKESY,
JOEL BIONDA also known as JOEY BIONDA, WENDY LYNN CAMERON,
JOCELYN ANITA KNOX, KEVIN ALEXANDER KNOX, JASON BIONDA, PRIMA
VERDE INC., PRIVATE STRUCTURES CORP., SHOREGATE INVESTMENTS
INC., THE GREEN ENVELOPE CORPORATION, SAVVY MANAGEMENT
INCORPORATED, 1453991 ONTARIO INC., and CONCENTRA FINANCIAL
SERVICES ASSOCIATION
Defendants
This is the Examination for Discovery of MARCIA ERIN MACKESY,
a Defendant herein, taken at the offices of Network Court
Reporting, 100 King Street West, Suite 3600, Toronto,
Ontario, on January 16, 2012.
A P P E A R A N C E S :
Leora Wise for the Plaintiff Elio Miotto
Roy Wise
Richard J. Worsfold for the Defendant Marcia Mackesy
NETWORK REPORTING & MEDIATION (416) 359 0305
TABLE OF CONTENTS
INDEX OF EXAMINATIONS Page No.
MARCIA ERIN MACKESY: SWORN 3
EXAMINATION BY MS. WISE 3
EXAMINATION BY MR. WISE 53
*****
L I S T O F E X H I B I T S
Exhibit No. Description Page No.
1 Affidavit of Marcie Mackesy, sworn March 25, 2008 13
2 Invoice dated December 7, 2011, from Ocean Club Estates
Homeowner Dues 2012, re Lot 122 44
3 Redacted Bank Statement including deposit on
February 23, Account No. 22153053469 61
*****
INDEX OF UNDERTAKINGS
Undertakings are found on the following pages: 15, 16, 56
INDEX OF UNDER ADVISEMENT QUESTIONS
Under advisement questions are found on the following pages:
INDEX OF REFUSALS
Refusals are found on the following pages: 5, 69
*****
NETWORK REPORTING & MEDIATION (416) 359 0305
January 16, 2012 Marcia Erin Mackesy 3
1 Upon commencing at 10:07 a.m.
2 MARCIA ERIN MACKESY: SWORN.
3 EXAMINATION BY MS. WISE: This is the
4 examination for discovery of Marcia Erin Mackesy.
5 1 Q. You mentioned this off the record, but
6 where are you living right now?
7 A. In Panama.
8 2 Q. Who do you live with?
9 A. My children.
10 MR. WORSFOLD: We also discussed off the
11 record the fact that there was a cross examination
12 pursuant to your motion for summary judgment that
13 took place on October 26, 2010. I think we agreed
14 that you would use this transcript as
15 MS. WISE: That's correct, and the questions
16 have already been framed taking that into
17 consideration.
18 MR. WORSFOLD: So the transcript of
19 October 26, 2006 will be part of your discovery?
20 MS. WISE: That's right.
21 BY MS. WISE:
22 3 Q. Have you been living in Panama since
23 October 26, 2010? Since we last met have you been
24 living in Panama?
25 A. I came back for June 20 until August 20.
NETWORK REPORTING & MEDIATION (416) 359 0305
January 16, 2012 Marcia Erin Mackesy 4
1 I was back in Canada the summer of 2011.
2 4 Q. Why, specifically, did you move to Panama?
3 A. I felt that there was an immediate threat
4 from your clients and your client's immediate family,
5 and upon talking to certain agencies being police
6 here in Canada as well as U.S. Federal agents that
7 there was an imminent threat on my children and I
8 felt it was an action I needed to take.
9 5 Q. Why specifically Panama, I guess is my
10 question, as opposed to other countries?
11 A. Very low cost of living extremely low
12 cost of living, cultural experience.
13 6 Q. Other than that period of time which you
14 just mentioned when you were in Canada, have you been
15 travelling back and forth between Panama and Canada?
16 A. The only other time is whenever this took
17 place was the only other period that I came back
18 MR. WORSFOLD: October 2010.
19 THE DEPONENT: Yes, October 2010.
20 BY MS. WISE:
21 7 Q. You have your passport with you,
22 presumably?
23 A. No.
24 8 Q. Could we get copies of your passport
25 MR. WORSFOLD: No.
NETWORK REPORTING & MEDIATION (416) 359 0305
January 16, 2012 Marcia Erin Mackesy 5
1 REFUSAL
2 By MS. WISE:
3 9 Q. which would indicate your entry?
4 A. No, thank you.
5 MR. WORSFOLD: I don't see how that would be
6 relevant.
7 MR. WISE: Establishing a place of residence
8 is relevant, and establishing
9 MR. WORSFOLD: Not in 2011. Anyway, I
10 disagree.
11 BY MS. WISE:
12 10 Q. Who has paid for the trips back and forth
13 to Canada?
14 A. Jordan
15 MR. WORSFOLD: Don't answer. You don't need
16 to answer those questions either. We're here to
17 discover about the matters that are at issue prior
18 to, I guess, the issue of the Statement of Claim
19 in 2007. She has answered the question, so go ahead.
20 I just don't want to go endlessly on about what's
21 going on in 2011, 2012.
22 BY MS. WISE:
23 11 Q. Who paid for the trip here?
24 A. This time, Jordan lent me the money, but
25 in past times I've been borrowing money from family
NETWORK REPORTING & MEDIATION (416) 359 0305
January 16, 2012 Marcia Erin Mackesy 6
1 and friends. I have racked up a large substantial
2 debt to family and friends.
3 12 Q. Do you know where Jordan is living right
4 now?
5 A. He travels quite a bit. I don't think I
6 could comment on where he says his residency is.
7 13 Q. So you don't know what country he lives in
8 or what city?
9 A. He travels substantially, so I can't
10 answer to where he would say he lives.
11 14 Q. Where do you think he lives?
12 A. He travels. I don't think there's one
13 specific spot.
14 15 Q. How often do you see Jordan these days?
15 A. Over the holidays, but beyond that... We
16 co parent very well, so there's not specific time
17 frames. We are together and then not together for
18 period of times with regards to being with the
19 children.
20 16 Q. Do you still see him in Panama?
21 A. Yes.
22 17 Q. Do you still see him on the same basis
23 that you mentioned you saw him back in October 2010?
24 A. Clarify what basis is that.
25 18 Q. You mentioned that you saw him, at that
NETWORK REPORTING & MEDIATION (416) 359 0305
January 16, 2012 Marcia Erin Mackesy 7
1 time, three to four times a week.
2 A. No, not that frequently.
3 19 Q. How frequently would you say you see him
4 these days?
5 A. Over the holidays I saw him. In a span of
6 three months, I probably saw him for a sum of
7 anywhere from 14 to 21 days, I think. It was fairly
8 infrequent.
9 20 Q. Have you been working since October 2010?
10 A. No, I have not.
11 21 Q. How have you been supporting yourself
12 since October 2010?
13 A. As I mentioned before, I've been borrowing
14 money from family and friends.
15 22 Q. Which family members?
16 MR. WORSFOLD: Don't answer that.
17 MR. WISE: We don't have to say that that's an
18 objection on the record each time you object.
19 BY MS. WISE:
20 23 Q. Have you ever worked for Jordan or for one
21 of his corporations?
22 A. No.
23 24 Q. Have you ever received income from Jordan
24 or from one of his corporations?
25 A. How do you quantify "income"; receiving
NETWORK REPORTING & MEDIATION (416) 359 0305
January 16, 2012 Marcia Erin Mackesy 8
1 money? When we were together, yes, I received money
2 from him.
3 MR. WORSFOLD: An income is where you get a
4 paycheque on a regular basis. Like you're doing
5 work, you get an income.
6 THE DEPONENT: No.
7 MR. WORSFOLD: That's the question.
8 BY MS. WISE:
9 25 Q. You've told us you were supported by
10 Jordan when you were together.
11 A. Correct.
12 26 Q. Were you employed between 2000 and 2007?
13 A. 2000 or 2007? I do not think I was, no.
14 27 Q. Who supported you, financially, during
15 those years?
16 A. You just mentioned before on the record I
17 had said that Jordan had.
18 28 Q. Did anyone else?
19 A. I'm sure my parents gave me birthday money
20 and stuff like that.
21 29 Q. But other than birthday money?
22 A. Like money, no. Again, not that I can
23 recall.
24 30 Q. So there were no other sorts of income
25 during those years?
NETWORK REPORTING & MEDIATION (416) 359 0305
January 16, 2012 Marcia Erin Mackesy 9
1 A. Not that I can recall right now.
2 31 Q. Back in October you undertook to produce a
3 bank statement from February 2006.
4 A. Correct.
5 32 Q. Have you been brought the complete
6 statement with you today?
7 A. I don't have it with me.
8 MR. WORSFOLD: I think we sent you what it
9 was.
10 MS. WISE: We have a bank statement with all
11 of the transactions blanked out with the exception of
12 the deposit of the cheque.
13 MR. WORSFOLD: Right. That's what we have
14 provided. That's what was called for just to show
15 that the money was received into that bank account.
16 MS. WISE: That's not what the undertaking
17 was. The undertaking was to produce the bank
18 statement from that month.
19 MR. WORSFOLD: I don't agree, but also I don't
20 see why the other transactions would be relevant.
21 MR. WISE: Counsel, your client said under
22 oath that Jordan was using her account, and we are
23 attempting to determine whether she received monies
24 and specifically whether she received monies from our
25 client or to what extent Mr. Bionda was using her
NETWORK REPORTING & MEDIATION (416) 359 0305
January 16, 2012 Marcia Erin Mackesy 10
1 account and she was complicit in his dealings.
2 MR. WORSFOLD: Let me consider that, but I
3 think that basically the undertaking was to produce a
4 statement from the account to show the receipt of
5 that funds and that was what was provided.
6 MS. WISE: Counsel, it was within the context
7 of the fact that Jordan Bionda was using the account
8 for his own dealings and Ms. Mackesy has also deposed
9 that he was essentially the one who used the account.
10 MR. WORSFOLD: That's not exactly what she
11 said, but anyway, that's our position. If it changes
12 we'll let you know.
13 MR. WISE: Let me just clarify, then. In the
14 event that you're right as to the wording of the
15 prior undertaking, then we would ask today, as a
16 fresh undertaking, to produce the details of that
17 account, whatever statements are available.
18 MR. WORSFOLD: I'll make a note of that.
19 You're talking just about February 2006?
20 MR. WISE: I'm sorry.
21 MR. WORSFOLD: You're talking about the full
22 February 2006 statement?
23 MR. WISE: The problem is since we're looking
24 to trace the disposition of our client's monies, and
25 since we
NETWORK REPORTING & MEDIATION (416) 359 0305
January 16, 2012 Marcia Erin Mackesy 11
1 MR. WORSFOLD: Just tell me what you're asking
2 for so I can make a note of it.
3 MR. WISE: If that account was in existence in
4 the year 2000, I'd like to see statements back
5 from 2000 all the way up
6 MR. WORSFOLD: I doubt that the bank would be
7 able to produce them going that far, but
8 MR. WISE: But Ms. Mackesy indicated she had
9 records in Canada and various boxes of records.
10 There may be some there as well.
11 MR. WORSFOLD: Anyway, I've made a note of
12 what you want, and I'll get back to you.
13 MR. WISE: Thank you.
14 BY MS. WISE:
15 33 Q. How many bank accounts have you had
16 from 2000 to 2007?
17 A. That one, and on the record with Mr.
18 Zeldin prior, I acknowledged that I had a TD account
19 that I was going to set up for RESPs for my children
20 and stuff like that, and I never got that off the
21 ground. That one is the one I've had.
22 34 Q. So then the undertaking is the same as has
23 previously been given.
24 In your records at home, do you have any bank
25 books, any statements, any cancelled cheques from the
NETWORK REPORTING & MEDIATION (416) 359 0305
January 16, 2012 Marcia Erin Mackesy 12
1 account?
2 A. No, and again my stuff, when we left
3 MR. WORSFOLD: Actually, that was a good
4 answer, that you don't have it.
5 BY MS. WISE:
6 35 Q. Now I want to briefly look at your
7 Affidavit of Documents.
8 MR. WORSFOLD: I thought you sent me an e mail
9 saying that nobody had ever served an Affidavit of
10 Documents.
11 MS. WISE: No. I said that we're going to be
12 asking for a proper Affidavit of Documents.
13 MR. WORSFOLD: Okay. I looked for an
14 Affidavit of Documents briefly and didn't see one.
15 MS. WISE: Let's go off the record.
16 Off the record discussion.
17 MR. WORSFOLD: On the record, if I can get a
18 copy of this made before we go
19 MS. WISE: Absolutely. We can probably even
20 get it done
21 MR. WISE: during a break.
22 BY MS. WISE:
23 36 Q. Ms. Mackesy, this is your Affidavit of
24 Documents?
25 A. Yes.
NETWORK REPORTING & MEDIATION (416) 359 0305
January 16, 2012 Marcia Erin Mackesy 13
1 37 Q. Excuse me. When was it sworn?
2 MR. WORSFOLD: It appears to have been sworn
3 on March 25, 2008. I'm not sure I have a copy of
4 this in the file that I received.
5 MS. WISE: We're going to get Mr. Worsfold a
6 copy at the break. Let's mark the affidavit of
7 Marcie Mackesy, sworn March 25, 2008, as Exhibit 1.
8 EXHIBIT NO. 1: Affidavit of Marcie
9 Mackesy, sworn March 25, 2008.
10 BY MS. WISE:
11 38 Q. Where did you get the documents you listed
12 in your Affidavit of Documents at your Schedule A?
13 MR. WORSFOLD: Which ones in particular? All
14 of them?
15 MS. WISE: All of them. We can start with the
16 first.
17 THE DEPONENT: The first says "All documents
18 exhibited in the court's proceedings to date."
19 BY MS. WISE:
20 39 Q. So let's ignore that.
21 A. "The Shoregate share certificate to me in
22 trust, " that's the actual certificate that came in
23 the manila envelope and I handed it to Itzik, right?
24 40 Q. Yes.
25 A. I believe that was FedEXed to me.
NETWORK REPORTING & MEDIATION (416) 359 0305
January 16, 2012 Marcia Erin Mackesy 14
1 41 Q. By whom?
2 A. I cannot remember. I thought I gave the
3 package to Itzik, but the actual I gave him the
4 whole contents. I don't remember how I got that.
5 42 Q. You don't remember who you requisitioned
6 it from?
7 A. There was an issue with no, I don't. I
8 know it's on the record because it was with Mr.
9 Zeldin as to how it came about. I don't remember the
10 particulars as to how it came about, and I apologize
11 because it was a long time ago.
12 "Miotto phone messaged. He left me a
13 voicemail." I believe it was a Tuesday afternoon
14 because my son had reading group, I think, maybe a
15 Wednesday. Cogeco and Hydro One
16 MR. WORSFOLD: Hold on. Can I ask if you
17 still have this? Was this a digital phone listing?
18 THE DEPONENT: It is. I saved it to a USB
19 drive and I don't know you know how you can save
20 it to an electronic file? I don't know where that is
21 right now.
22 MR. WORSFOLD: Do you have a copy of it?
23 THE DEPONENT: I did transcribe it, though.
24 No, it was transcribed
25 MS. WISE: I don't actually have a copy of the
NETWORK REPORTING & MEDIATION (416) 359 0305
January 16, 2012 Marcia Erin Mackesy 15
1 productions from this.
2 THE DEPONENT: But I transcribed it, though,
3 and I put it in my sworn Affidavit of Documents that
4 I prepared myself.
5 MR. WORSFOLD: I see. Just asking. Sorry.
6 MR. WISE: I didn't understand. Can we go off
7 the record?
8 Off the record discussion.
9 MR. WORSFOLD: If your question is to provide
10 a copy of it, we'll look for it and try to do that.
11 UNDERTAKING
12 MR. WISE: Okay.
13 THE DEPONENT: The Cogeco Hydro One
14 statements, I do not know where I would've gotten
15 those from. Bank statements, from the bank. The
16 Miotto release of Jordan Bionda as well as the other
17 acknowledgement, I believe Mr. Winnatoy gave those to
18 me. Again, I don't remember with any certainty where
19 I got those from, but I do think I actually said on
20 the record with Mr. Zeldin, in one of the
21 examinations with Mr. Zeldin, I believe I don't
22 know for certain. Let me put it that way.
23 BY MS. WISE:
24 43 Q. Mr. Worsfold will explain to you the way
25 the Affidavit of Documents is to be laid out, and the
NETWORK REPORTING & MEDIATION (416) 359 0305
January 16, 2012 Marcia Erin Mackesy 16
1 way each document, according to the Rules of Civil
2 Procedure that's lawyer talk we'd like a
3 further and better Affidavit of Documents of each
4 document specifically itemized.
5 MR. WORSFOLD: I think that's an appropriate
6 Affidavit of Documents, but certainly
7 MS. WISE: Certainly the reference to all the
8 documents previously produced is not those
9 documents need to be listed.
10 MR. WORSFOLD: I see what you mean. We're not
11 going to list all the other documents
12 MS. WISE: We don't want the court documents.
13 We want the exhibits. The court documents shouldn't
14 be exhibits anyway.
15 MR. WORSFOLD: I'll do a new Affidavit of
16 Documents.
17 UNDERTAKING
18 MR. WISE: For all of our benefits. Can I
19 just ask a question off the record?
20 Off the record discussion.
21 BY MS. WISE:
22 44 Q. We're looking at paragraph 22 of the
23 Plaintiff's amended Amended Statement of Claim.
24 Ms. Mackesy, what information, knowledge, or
25 belief do you have with respect to the allegations
NETWORK REPORTING & MEDIATION (416) 359 0305
January 16, 2012 Marcia Erin Mackesy 17
1 made in paragraph 22?
2 A. Do you want me to be specific on every
3 single subparagraph, like go through and say what I
4 do or don't know?
5 45 Q. Yes, please.
6 A. Paragraph (a), no knowledge. May I also
7 clarify? This is before the whole suit came about.
8 I've subsequently learned through reading all the
9 material details. All the questions are directed at
10 prior to the suit. Correct?
11 46 Q. Correct.
12 A. Paragraph (b), no; paragraph (c), no;
13 paragraph (d), no; paragraph (e), no; paragraph (f),
14 no; paragraph (g), no; (h), no; (i), no; (j), no;
15 (k), no; (l), no; (m), no; (n), no; (o), no; (p), no.
16 47 Q. We're going to do the same thing with
17 paragraph 23, so take a minute to review it for
18 yourself.
19 MR. WORSFOLD: So your question is just if she
20 knew about any of this before the lawsuit started?
21 MS. WISE: That's what the question is going
22 to be: What her information, knowledge, or belief
23 is.
24 MR. WORSFOLD: The question is: Did you have
25 any knowledge of any of that prior to this lawsuit
NETWORK REPORTING & MEDIATION (416) 359 0305
January 16, 2012 Marcia Erin Mackesy 18
1 being started?
2 THE DEPONENT: Paragraph 23, no.
3 BY MS. WISE:
4 48 Q. Paragraph 24?
5 A. No.
6 49 Q. Paragraphs 25(a) and (b)?
7 A. Paragraph 25(a), I obviously know about.
8 At the time that that happened, I do not think that I
9 know that it came from Elio. I know I've been asked
10 about it on past examinations. I don't remember what
11 my answer was, but recalling back to this point, I do
12 not believe that I knew that that was from Elio or
13 even that it was there, to be candid.
14 Paragraph (b), no.
15 50 Q. Paragraph 27 is the next one. It's also a
16 three part 27(a), (b), and (c).
17 MR. WORSFOLD: So your question is, "Did she
18 know of any of these questions
19 MS. WISE: What was her information,
20 knowledge, and belief?
21 MR. WORSFOLD: about these issues prior to
22 the lawsuit?"
23 THE DEPONENT: The main part of 27, no.
24 27(a), no.
25 BY MS. WISE:
NETWORK REPORTING & MEDIATION (416) 359 0305
January 16, 2012 Marcia Erin Mackesy 19
1 51 Q. Aside from the security, what was your
2 information, knowledge, and belief about the lot?
3 A. That it was owned by Jordan.
4 (B), no; (c), no.
5 52 Q. Paragraph 28?
6 A. No.
7 53 Q. Paragraph 30?
8 A. No.
9 54 Q. 31?
10 A. The only thing I can say to that point is
11 that around 2003 there was talk about Marcello being
12 disbarred or suspended or something, but that's the
13 only thing I know about 2003 and Marcello.
14 55 Q. That was told to you by Jordan?
15 A. I can't remember who it was told to me by.
16 I think it was something on the internet. I don't
17 remember.
18 56 Q. You don't remember who directed you to
19 look that up on the internet?
20 A. I never trusted Marcello and it could be
21 that I Googled him myself.
22 57 Q. Why didn't you trust Marcello?
23 A. Because he's a liar. To that point,
24 beyond 2003 and Marcello, I believe, being suspended
25 or having issues with the Law Society at that time, I
NETWORK REPORTING & MEDIATION (416) 359 0305
January 16, 2012 Marcia Erin Mackesy 20
1 know nothing about the actual point of 31.
2 58 Q. Okay. 32?
3 A. Should I specify the points to which I'm
4 speaking about specifically?
5 59 Q. I think that's a good idea.
6 A. With regards to the very first sentence of
7 that paragraph and I have said, again, so I'm not
8 contradicting myself in prior examinations because
9 this was done years before so I might have had a
10 clearer recollection of what went on so if there's
11 something in the prior examination and I know I
12 speak to this point specifically. Mr. Zeldin has
13 asked me this point specifically. I'd ask that you
14 refer back to those first, and that would be my
15 answer.
16 With regards to that first sentence, there was
17 talk, that I recall, of Marcello's suspension, his
18 dubious actions. I believe, if I recall and I
19 think I spoke to this point with Mr. Zeldin, that it
20 was Elio that had said something to Jordan as told to
21 me by Jordan about Marcello being suspended, doing
22 wrong things with wrong people's monies, and that
23 they needed to examine what was going on. I believe
24 in and around that time is when I said to Mr. Zeldin
25 that I had signed documents around I don't know if
NETWORK REPORTING & MEDIATION (416) 359 0305
January 16, 2012 Marcia Erin Mackesy 21
1 it was around that time that I knew about Shoregate.
2 I don't remember specifically, but like I said
3 before, I know I've spoken to it when Mr. Zeldin
4 cross examined me and I know we spoke about it
5 specifically at some point in time.
6 MR. WORSFOLD: That's the November 18,
7 2007 examination.
8 THE DEPONENT: And also the examination that I
9 did when I self represented myself in
10 September 2007 as well with Mr. Zeldin. That point
11 was spoken to specifically. I would think however I
12 responded to it then would be the more clearer
13 answer.
14 BY MS. WISE:
15 60 Q. Can you give an answer today?
16 MR. WORSFOLD: She just did.
17 MS. WISE: Okay. Then that's the caveat. I
18 see.
19 THE DEPONENT: Yes. No, I explained to you
20 what I remember now, but I'm saying to you that in
21 the examination of September 2007, as well as this
22 one in November 2007, it was put to me by Mr. Zeldin
23 at least both times, and I answered it clearly both
24 times. So I'd ask that you refer back to that as my
25 clearest answer.
NETWORK REPORTING & MEDIATION (416) 359 0305
January 16, 2012 Marcia Erin Mackesy 22
1 The sentence about Elio and Jordan travelling
2 to Panama in 2006
3 BY MS. WISE:
4 61 Q. We're not there yet. We're at the
5 cancellation of the security and then power of
6 attorney.
7 A. I apologize. I skipped that. I
8 apologize.
9 That, I do not know. Elio and Jordan
10 travelling to Panama, I believe I remember that they
11 were going on a trip. I don't know the details of
12 the trip.
13 62 Q. Who is "they", that Elio and Jordan were
14 going on the trip? And Jordan told you that?
15 A. Again, I was living with him. He was
16 leaving. I think it was one of those things, "Yes,
17 I'm going." So I believe it was conveyed to me by
18 him.
19 63 Q. The second part of the sentence about the
20 mortgage
21 A. I'm just reading that part now.
22 About the mortgage on Joel's property, no.
23 About Elio instructing Marcello, no. And the last
24 sentence, no, I don't have knowledge.
25 64 Q. Okay. Paragraph 33?
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January 16, 2012 Marcia Erin Mackesy 23
1 A. Again, prior to this claim happening, no,
2 I didn't have no knowledge of that the first
3 sentence of it but let me read through the rest.
4 The second sentence, no. That's the whole
5 paragraph. It's just two sentences.
6 65 Q. Okay. Paragraph 34?
7 A. No.
8 66 Q. 35?
9 A. No.
10 67 Q. 36?
11 A. The body of 36, no; point (a), no; point
12 (b), no; point (c), no.
13 68 Q. 37?
14 MR. WORSFOLD: This is more like a position
15 than anything. It's not a factual allegation.
16 Thirty seven suggests that people including, I guess,
17 this witness
18 MS. WISE: The question is: What is Ms.
19 Mackesy's knowledge, information, or belief with
20 respect to the paragraph?
21 MR. WORSFOLD: Did she ever act as a broker or
22 a dealer, I guess, is
23 THE DEPONENT: No.
24 MS. WISE: But you know it's all the
25 non corporate defendants, so maybe she has another
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1 THE DEPONENT: I don't know what they've done
2 or do do like, no. No.
3 BY MS. WISE:
4 69 Q. That's okay if you don't know.
5 Okay. 38?
6 MR. WORSFOLD: Just to clarify 37, you know
7 what the other defendants do.
8 THE DEPONENT: For a living?
9 MR. WORSFOLD: Yes.
10 THE DEPONENT: Yes.
11 MR. WORSFOLD: You know, your sister in law or
12 well, not sister in law.
13 THE DEPONENT: Do you want me to go through
14 what they all do for a living what I know them to
15 do?
16 MS. WISE:
17 70 Q. Sure.
18 A. So Dr. Jocelyn Knox is a chiropractor for
19 people and animals. Kevin Knox is an owner of a
20 business. Jason, I believe, works for a subsidiary
21 company of Motorola, I think. I think he's in
22 telecommunications. I don't know his real job title.
23 Wendy is a stay at home mother and roller derby queen
24 now. Joel has a business where it has to do
25 something with cellular towers. That's all I know.
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1 BY MS. WISE:
2 71 Q. How do you know this information about
3 them?
4 A. Just through familiarity context, I guess.
5 We don't talk about work. I just it's like the
6 sky is blue.
7 72 Q. Are you in touch with them?
8 A. Periodically.
9 73 Q. I'm going to go back to paragraph 12 and
10 ask you to read that one.
11 A. I don't have any knowledge.
12 74 Q. Okay. 14?
13 A. You're asking all questions applied prior
14 to the lawsuit. Correct?
15 MR. WORSFOLD: Yes. Did you know about this
16 allegation, I guess is the question the allegation
17 about Prima Verde?
18 THE DEPONENT: No.
19 BY MS. WISE:
20 75 Q. Okay. 15?
21 A. Fifteen? Again, Mr. Zeldin specifically
22 asked me a point with regards to what I knew about
23 private structures. No, it was Shoregate no, no,
24 no. I apologize. I'm getting confused. Remember
25 there's a lot of company names that get thrown
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January 16, 2012 Marcia Erin Mackesy 26
1 around. So 15, no.
2 76 Q. Sixteen?
3 A. I did again, Mr. Zeldin has asked me
4 and I've spoken specifically to what my knowledge was
5 of Shoregate, but I don't know if it was prior to the
6 lawsuit or post lawsuit, but I specified with both.
7 77 Q. Let's get an answer from you today on
8 that.
9 MR. WORSFOLD: It's probably better if she was
10 asked those same questions.
11 THE DEPONENT: I have this one too, but the
12 other examination you don't have the one with Mr.
13 Zeldin when I was self represented with Mr. Reid I
14 don't believe you have that.
15 MR. WORSFOLD: I do, actually.
16 I guess the point that she's making is that
17 she had a better recollection of what she knew and
18 when she knew it back in 2007 than she does today
19 in 2012, so you can refer to both of these
20 examinations of September 24 and
21 THE DEPONENT: Mr. Zeldin specifically says to
22 me and it's on page 15 of the examination on
23 November 2007:
24 "Now, let's to be clear, these are shares
25 in Shoregate Investment Inc.?"
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January 16, 2012 Marcia Erin Mackesy 27
1 My answer:
2 "I believe so."
3 "MR. BASMAN: It's your question. Is that
4 the shares you're referring to?
5 "Q. You believe so? The company Shoregate
6 Investments " (As read)
7 MR. WORSFOLD: Hold on. Sorry. The question
8 is, "What did you know about Shoregate prior to the
9 lawsuit?"
10 MS. WISE: Prior to the lawsuit.
11 MR. WORSFOLD: If that was covered, then that
12 was your best evidence. Can you remember now what
13 THE DEPONENT: I believe that I said prior to
14 the lawsuit I had some vague knowledge that Shoregate
15 was the company that owned no that Shoregate
16 had some involvement with the Bahamas lot. Again,
17 I'd ask that you refer back to my prior examination
18 because I know I speak to that point specifically and
19 my memory probably would've been better there.
20 BY MS. WISE:
21 78 Q. I don't know where the answers I'm not
22 comfortable just I would want an undertaking for
23 an answer to that question. If that answer is in a
24 previous transcript it may be; I'm not sure it
25 is that's why we're here today, though.
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1 A. Then I can say that it is my recollection
2 that I had a vague understanding about Shoregate, the
3 lot in the Bahamas. That's my answer.
4 And I don't know if that was prior to the
5 lawsuit beginning or in the midst of the lawsuit
6 being underway. I don't know, specifically, time
7 frames on that.
8 79 Q. Okay. Paragraph 17?
9 A. No.
10 80 Q. Eighteen?
11 A. No.
12 81 Q. And, lastly, 19?
13 A. My ignorance; what is
14 MR. WORSFOLD: This is actually Jason's
15 company or was.
16 THE DEPONENT: But what does that word mean in
17 this particular context or
18 MR. WORSFOLD: Ostensibly? I guess they're
19 saying that the corporation says that it's carrying
20 on business in the telecommunications field.
21 THE DEPONENT: Prior to the lawsuit
22 commencing, no.
23 BY MS. WISE:
24 82 Q. Okay. Now moving on to your Amended
25 Defence.
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January 16, 2012 Marcia Erin Mackesy 29
1 MR. WORSFOLD: Is there a particular paragraph
2 you want to ask her about?
3 BY MS. WISE:
4 83 Q. A general question, which is: Who
5 provided you with the information that you used in
6 preparing your Defence?
7 MR. WORSFOLD: That's a very vague question.
8 I'm not sure she can answer that.
9 BY MS. WISE:
10 84 Q. Paragraph 6?
11 A. The original Statement of Defence was
12 85 Q. Don't worry about that. We'll just look
13 at the Amended.
14 A. But it pertains to the Amended. Sorry.
15 If we're speaking specifically to paragraph 6, this
16 was a paragraph that was in my original Statement of
17 Defence which was put together by Mark Reid, who was
18 Jordan's attorney at the time, and upon me finding
19 out that there had been a default judgment helped me
20 put this together to have a motion to satisfy my
21 default judgment. Is that the correct wording?
22 MR. WORSFOLD: I think that's right, yes.
23 THE DEPONENT: Okay. I just want to make sure
24 I'm doing the correct wording.
25 BY MS. WISE:
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January 16, 2012 Marcia Erin Mackesy 30
1 86 Q. So Mark Reid is the lawyer?
2 A. Mark Reid was the attorney, yes.
3 87 Q. The question is: Who gave you the
4 information that you used in your Defence at
5 paragraph 6? That's the question.
6 A. I believe it was a word "venture
7 capitalist". I chuckled when I read it. It's not a
8 word that I would've used. I think it was in the
9 conversation with Mark when he asked me to describe
10 what I thought Jordan did. That was how he
11 formulated it.
12 I will say this: In this period of time it
13 was very shock and awe with me. I was finding out I
14 didn't own a home, that there was a lot of judgment
15 already against me. I didn't understand the legal
16 process at all. So that, I can say. Since I swore
17 it, I will say it's my words.
18 88 Q. I guess the question is it says,
19 "Marcie understands." Who told you that the
20 information in paragraph 6
21 MR. WORSFOLD: As to what Jordan did?
22 THE DEPONENT: Can you ask the question again,
23 please? I don't understand what you're asking.
24 BY MR. WORSFOLD:
25 89 Q. Where did you get that information that
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January 16, 2012 Marcia Erin Mackesy 31
1 Jordan is a self employed venture capitalist, that he
2 enters business ventures with individuals?
3 A. Part of it I had witnessed, us being
4 together. I knew he was self employed. He didn't
5 put on a shirt and tie and go to an office every day.
6 Business stuff, a general understanding being
7 partners as to this is what I perceived he did.
8 90 Q. Paragraph 7, the same question: Where did
9 you get that information from?
10 A. At the time, all those, I guess again,
11 Mr. Reid helped me put together the Statement of
12 Defence. I wasn't an owner or shareholder of any of
13 those to my knowledge. So he asked me directly, "Are
14 you an officer or director? Do you own any of
15 these?" I said, "No, no, no, no, no."
16 91 Q. Okay. Paragraph 8?
17 MR. WORSFOLD: What's your question? Sorry.
18 MS. WISE: Who provided Ms. Mackesy with the
19 information found at paragraph 8?
20 THE DEPONENT: That, again, in the proverbial
21 fog of war when all this was going on, I don't
22 remember who said it to me or how it was said, but it
23 was brought up most likely in a lawyer's office. I
24 don't know where, directly, I got that information at
25 that time.
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January 16, 2012 Marcia Erin Mackesy 32
1 92 Q. At paragraph 9?
2 A. Again, just formulating my Statement of
3 Defence, I think it was put to me what my knowledge
4 was about the statement. That's how I came to
5 paragraph 9.
6 93 Q. Who told you? Where did this information
7 come from?
8 A. I can't speak directly. I have no
9 recollection specifically. Again, when this was
10 being done I keep using the term "fog of war, " but
11 it was very appropriate.
12 94 Q. Paragraph 14?
13 A. I believe that that was told to me by Mr.
14 Reid or I don't know for certain where I got that
15 from. Again, to paragraph 14, I recall that Mr.
16 Zeldin explored that point as well in both the
17 September 2007 examination and the November
18 2007 examination as well.
19 95 Q. Paragraph 20, the same question: Where is
20 this information coming from?
21 MR. WORSFOLD: This was prepared by me, this
22 part. There was underlined parts. One is obviously
23 about if productions have been made, and it appeared
24 that that was the case. I explored that with your
25 client David Miotto in November 2010, and we've since
NETWORK REPORTING & MEDIATION (416) 359 0305
January 16, 2012 Marcia Erin Mackesy 33
1 had amendments that deal with that issue and we have
2 your position about assignments and whatnot.
3 MS. WISE: I see.
4 BY MS. WISE:
5 96 Q. Paragraph 22?
6 A. This is information that I have found out
7 during the course of the claim.
8 97 Q. Who did you find that out from?
9 A. I cannot say with any degree of certainty.
10 98 Q. Who are you sort of debating between?
11 A. It could've come from half a dozen people.
12 99 Q. Who are those people?
13 MR. WORSFOLD: There's a lot of productions
14 that have been made. Your client swore an affidavit
15 that had
16 THE DEPONENT: Yes. Your clients produced
17 some of that documentation that I read.
18 BY MS. WISE:
19 100 Q. But the question is: Who told you this?
20 A. Then my official answer would be that some
21 of this information was served by your clients, and
22 then it could have been my knowledge from a handful
23 of people being Mr. Reid, Mr. Winnatoy, Itzik, my own
24 readings.
25 101 Q. Did any of your knowledge come from any of
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January 16, 2012 Marcia Erin Mackesy 34
1 the co defendants?
2 A. Possibly.
3 102 Q. When we were discussing the claim we
4 discussed it. The questions were put to you with
5 respect to your knowledge prior to the claim being
6 brought. After the lawsuit was brought, have you had
7 any conversations with any of the co defendants that
8 have given you increased information and knowledge?
9 A. I would say yes.
10 103 Q. Okay. I'll get on to that. Are you and
11 Jordan still separated?
12 A. We are co parenting quite effectively.
13 104 Q. Are you still separated?
14 A. You asked me this back in November of last
15 year about what
16 MR. WORSFOLD: Right. The question is just
17 whether
18 BY MS. WISE:
19 105 Q. The question is: Are you still separated?
20 A. That agreement, yes. That, I kind of
21 clearly stated, yes, that is our agreement.
22 106 Q. Have you received any information on the
23 lawsuit from him?
24 A. Specifically?
25 107 Q. Yes.
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January 16, 2012 Marcia Erin Mackesy 35
1 A. I spoke specifically to it that we have
2 had discussions/arguments about it, and since the
3 claim commenced, I would think that some of my
4 information has been formulated out of those
5 arguments. "Your father suggested I beat him with a
6 baseball bat, " when I referred to that last November
7 or September, whenever it was last year.
8 108 Q. How frequently do you discuss the
9 litigation with Jordan?
10 A. Not frequently.
11 109 Q. I'm just looking for a more precise
12 answer. Once a month, once every two months...?
13 A. In the last three months, we discussed me
14 coming back here as to the arrangements and children
15 and all the rest of it.
16 MR. WORSFOLD: I don't really see how it's
17 relevant in any large degree.
18 BY MS. WISE:
19 110 Q. Do you know if any of the co defendants
20 have worked for Jordan or received funds from Jordan
21 or had any interest in any of the corporate
22 co defendants?
23 A. I don't know what any of their
24 arrangements would've been.
25 111 Q. Since the litigation arose, do you have
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January 16, 2012 Marcia Erin Mackesy 36
1 any knowledge of the purchase of Joel's farm in
2 December 2000?
3 A. Only what I've read in the pleadings.
4 112 Q. You don't have any additional knowledge as
5 to the security agreement or the purchase of the
6 farming?
7 A. I can't speak to any of those points.
8 113 Q. Since the litigation arose, do you have
9 any additional knowledge with respect to Jason's
10 internet business, the loan made by 1411187 to
11 Jason's corporation, the Defendant 1453991 Ontario
12 Inc.?
13 A. Again, what I've read in the pleadings,
14 but I have no additional information.
15 114 Q. So you haven't discussed this point with
16 Jason or the farm with Joel?
17 A. No.
18 115 Q. Have you ever overheard any conversations
19 or any discussions with respect to any of the
20 security agreements or any of the assets referred to?
21 A. Since the claim has come about?
22 116 Q. Before or since.
23 A. Before, not to my recollection. Since,
24 yes, there's been many conversations with attorneys
25 and us as a collective group as to what has occurred.
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January 16, 2012 Marcia Erin Mackesy 37
1 117 Q. So you've been involved in a collective
2 conversation in which Joel and Jason were discussed?
3 A. With our attorneys, yes, as a group.
4 118 Q. Were you living with Jordan in 2000?
5 A. Yes.
6 119 Q. 2001?
7 A. Yes.
8 120 Q. 2002?
9 A. Yes.
10 121 Q. Did you ever discuss, during those years
11 when you lived together, Jordan's business?
12 A. Not specifically. I mean, we had vague
13 conversations about stuff, but no.
14 122 Q. Let's go off the record.
15 Off the record discussion.
16 BY MS. WISE:
17 123 Q. Now we're referring to the agreement
18 entitled "Agreement, February 9, 2006, " and it's
19 found in the Plaintiff's revised Affidavit of
20 Documents at Item 301.
21 Who did you get this document from?
22 A. I think I mentioned that. I think you
23 asked me that before I believe Mr. Winnatoy.
24 124 Q. What information, knowledge, or belief do
25 you have about this document?
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January 16, 2012 Marcia Erin Mackesy 38
1 MR. WORSFOLD: It's a very broad question.
2 We've obviously gotten information from the lawsuit
3 about it, and I have examined David Miotto about it,
4 and I will be examining Elio Miotto about it.
5 BY MS. WISE:
6 125 Q. I'll be more specific. Were you present
7 when the document was drafted?
8 A. No.
9 126 Q. Were you involved in the drafting?
10 A. No.
11 127 Q. Were you present when it was signed?
12 A. No.
13 128 Q. Have you ever asked Jordan about the
14 document?
15 A. We had an argument once. I vaguely
16 remember about our argument about it and this. I
17 don't know what I was yelling at him about, but I
18 think it was the lawsuit in general and it was this,
19 but
20 129 Q. When did you have this argument?
21 A. Many times. If you want I don't know;
22 probably half a dozen times since the claim has come
23 about.
24 130 Q. What have you asked Jordan about the
25 document?
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January 16, 2012 Marcia Erin Mackesy 39
1 A. I haven't asked him anything specific. I
2 just remember this specific thing: I remember asking
3 why there were stuff written in the side and he said
4 that it wasn't written in the registered document in
5 Panama where Elio has written stuff like "delete" and
6 all that. That's not on the registered copy that's
7 been registered in Panama. I think that's all I can
8 remember with specific details.
9 131 Q. Where is it registered in Panama?
10 A. I don't know, but I know that it was
11 again, that information I believe Mr. Winnatoy
12 told me that there is a registered copy in the
13 whatever in Panama you call it. The same way you go
14 to file something here in a court, it's registered.
15 There's a signed registered copy in Panama.
16 132 Q. Did Jordan tell you that?
17 A. I just answered I believe Mr. Winnatoy
18 told me that.
19 133 Q. What has Jordan told you about the
20 document?
21 A. Again, I can't speak to any point
22 specifically. They were arguments. We haven't had a
23 rational conversation about how the document came to
24 be. I first saw the document in your client's
25 material Plaintiff's material too.
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January 16, 2012 Marcia Erin Mackesy 40
1 134 Q. The only thing that you can recall that
2 he's told you is about the deletions are not in the
3 registered copy?
4 A. Yes.
5 135 Q. Let's go off for a second.
6 Off the record discussion.
7 BY MS. WISE:
8 136 Q. We're looking at the agreement entitled
9 "Miotto/Bionda Release Agreement, " dated February 21,
10 2006, in the Plaintiff's revised Affidavit of
11 Documents, tab 302.
12 I'm going to ask you basically the same list
13 of questions. Who did you get this document from?
14 A. I believe it was in your material.
15 137 Q. Were you present when this document was
16 drafted?
17 A. No.
18 138 Q. Were you |
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| I have tried to locate this court file no. and another one that has been posted with one digit difference Ontario Superior Court Court file Number:07-CV-346140PD3 and I can't find them anywhere. Please advise as to where to locate these files if they are in fact valid. |
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