April 12, 2018 court of first instance - Orders
Claim No: CFI-002-2017
THE DUBAI INTERNATIONAL FINANCIAL CENTRE COURTS
IN THE COURT OF FIRST INSTANCE
BETWEEN
KBC ALDINI CAPITAL LIMITED
and
(1) DAVID BAAZOV
(2) CANACCORD GENUITY CORP
(3) CANACCORD GENUITY (DUBAI) LIMITED
Defendants
ORDER OF JUDCIAL OFFICER NASSIR AL NASSER
UPON the Claimant’s Application No. CFI-002-2017/5 dated 22 March 2017 amended on 11 April 2018 seeking an Order permitting service by an alternative method of these proceedings on the First Defendant, directing the holding of a Case Management Conference at a suitable interval following such service and extending the time of service;
AND UPON reading the documents on the Court file
IT IS HEREBY ORDERED THAT:
1.Pursuant to RDC 9.31, the Claimant shall have liberty to serve the proceedings herein on the First Defendant in the manner and by the alternative method of service as follows:
(a) By personal service of the proceedings and of this Order on the First Defendant at his last known residential address at 2000 Avenue McGill College, Suite 600, Montréal, QC, H3A 3H3 such service to be effected by a duly authorised process server in accordance with the requirements of the laws of Québec; and/or
(b) By service of the proceedings and of this Order on Sophie Melchers of Norton Rose Fulbright Canada LLP, at her professional address at Suite 2500, 1 Place Ville Marie, Montréal, Quebec, H3B 1R1, who is the legal representative of the First Defendant in separate legal proceedings involving insider trading brought by L’Autorité des Marches Financiers, such service to be effected by a duly authorised process server in accordance with the requirements of the laws of Québec; and/or
(c) Upon such other persons and by such other alternative methods as this Court may direct.
2. Pursuant to RDC 9.27 and RDC 9.36, and pursuant to the filing of a certificate of service in the form of an affidavit duly sworn by the appointed process server, Paquette De Justice, confirming service of the proceedings upon the First Defendant in the manner aforesaid, the considered date of service of these proceedings on the First Defendant shall be 22 March 2018 which is the first date of valid service specified therein.
3. Pursuant to RDC 9.31 to 9.35, that the steps already taken by Paquette De Justice as process server to effect service of the proceedings on the First Defendant shall be deemed good service upon the First Defendant of the proceedings herein and that the considered date of service of these proceedings on the First Defendant shall be 22 March 2018.
4. That notice of this Order shall be served on the First Defendant by any or all of the alternative methods specified in paragraph 1 of this Order.
5. That in the event of difficulties in effecting service as permitted herein, the Claimant is at liberty to apply.
6. That a Case Management Conference shall be held in these proceedings on the first available date after 45 days from the deemed date of service of this Order. The Claimant should write to the Court to inform it of the deemed date of service, and the parties are directed to prepare and file their case management submissions accordingly.
7. The time for service of the Claim Form and the Particulars of Claim is extended until 22 September 2018.
8. Costs in the case.
Issued by:
Ayesha Bin Kalban
Assistant Registrar
Date of issue: 12 April 2018
At: 9am
