Court File No.: F/C/374/06 'N THE COURT OF QUEEN'S BENCH OF NEW BRUNSWICK TRIAL DIVISION JUDICIAL DISTRICT OF FREDERICTON BETWEEN: GABRIEL EL-KHOURY, Plaintiff, } -and~ i Se TOM R. EVANS, Sou ae OM I lect i b OMe Defendant. AFFIDAVI |, Gabriel Wortman, Denturist, ofthe City of Halifax-Dartmouth, in the Province of Nova Scotia, MAKE OATH AND SAY AS FOLLOWS: 1. Lam the person against whom an order is sought by the Plaintiff; and 8 Such have personal knowledge of the matters herein deposed. 2, Ihave reviewed the following affidavits relied upon by the Plaintiff in support of his motion against me: (a) Affidavit of Mike Buckley, sworn to on January 15, 2010 and Fe-swom on January 20, 2010; (©) Affidavit of Gabriel El-Khoury, sworn to on January 18, 2010; (©) Affidavit of Richard Reeves, swom to on January 14, 2010; and (@) Affidavit of John Harper, sworn to on January 15,2010 and re- ‘sworn on January 20, 2010. 3. Tom R, Evans and | have been friends since childhood,2 ‘Tom. Evans died in early November 2009. Under Mr. Evans’ will, was appointed as the Executor of his estate and | am his sole beneficiary. Attached hereto and marked as Exhibit “A” is a copy of the will In my capacity as Executor, | have determined that the only assets Mr. Evans had on his death were: a lease of a camp near Hector Brook in Queens County, NB; an old sailboat which was sold and netted $500.00; some tools and other personal belongings which | took to the dump; and a bank account with Royal Bank in the amount of $172.78. A copy of the bank statement is attached hereto and marked as Exhibit “B-1” and copy of two invoices relating to the disposal are attached hereto and marked as Exhibit “B-2”. With respect to the camp, attached hereto and marked as Exhibits “C-1” and “C-2” are Service New Brunswick Parcel Information and PAN Information reports and a Lease dated July 6, 2007 between the Minister of Natural Resources and Stephen Parks and Tom Evans. According to the terms of the Lease, the camp was held by Mr. Parks and Mr. Evans as joint tenants. Therefore, it is my understanding that this property passed to Mr. Parks on Mr. Evans’ death and formed no part of Mr, Evans’ estate. Accordingly, | have taken no action as Executor with respect to this property. Due to the fact that there are no assets of any real value to administer, | have not applied for Letters Probate with respect to the will and | understand that there is no requirement for me to do so, | intend to deliver the cash to Canada Revenue Agency, a creditor of Mr. Evans.10. 11. On his death, Tom Evans, had no ownership interest, beneficial or otherwise, in the properties located at 175 Aberdeen Street and 345 Northumberland Street. ‘Those properties were owned by Northumberland Investments Inc. ("Northumberiand Investments"), a New Brunswick corporation of Which | am the sole shareholder and director. Attached hereto and marked as Exhibits “D-1", “D-2" and “D-3", respectively, are Printouts from New Brunswick Corporate Affairs Registry Database, a Notice of Change of Directors dated January 8, 2010 and an Annual Return for 2009 dated January 9, 2010. | have been the sole shareholder of Northumberland Investments since August 14, 1996 when | purchased all of the outstanding shares of the corporation from Sybil Rennie, Attached hereto marked as Exhibit “E” is the Articles of Incorporation of Northumberland Investments dated October 31, 1984 which indicate that the authorized capital of the corporation is 100 shares of no par value. Attached hereto marked as Exhibit “F” is a receipt dated August 14, 1996 issued by Sybil Rennie to me when | purchased the 100 shares. Prior to 1996, | understand that Tom Evans was an officer and director of Northumberland Investments, However, to my knowledge, ‘Tom Evans was never a shareholder of Northumberland Investments —he most certainly was not a shareholder in 1996 when | purchased the shares from Sybil Rennie nor was he a shareholder, director or officer of Northumberland Investments at any time after 1996.12. 13. 14, 15. he At no time since | acquired Northumberland Investments, did Tom Evans have an interest, beneficial or atherwise, in that corporation. ‘Tom Evans resided in one of the apartments in the building located at ‘175 Aberdeen Street since about 1998. During that time, he looked after maintenance of the building (and the building at 345 Northumberland) and collected the rents for my company. In exchange, Mr. Evans lived in the apartment rent free and kept whatever amount of rent revenue was left over after building expenses were paid. This amount was always minimal. Attached hereto marked as Exhibit “G” is the face page of a lease of one of the apartments. As | live in Halifax, Tom Evans assisted me with various things in Fredericton including the purchase of 175 Aberdeen Street in July 1997 from Frances Clark. Mr. Evans knew Mrs. Clark and her husband, Albert J. Clark, who, like Tom, had also been a lawyer. Mr. Evans signed some of the documents as a witness; however, he did not sign anything on behalf of Northumberland Investments with Fespectto that transaction. | was the President and sole shareholder. Atvarious times over the years, Kathy Gebkenjans, who was a friend of mine and Mr. Evans, served as a director and/or officer of Northumberland investments. This was done for convenience as she resided in Fredericton and | do not. Ms. Gebkenjans now resides in Kingston, Ontario. After Tom's death, | had no way of taking care of the buildings in Fredericton so | decided to sell them.+ 16, In early December 2009, Northumberland Investments agreed to sell both buildings to Gaby El-Zayat. Neither Northumberland nor ! had any prior relationship with the purchaser — he was introduced to me by my realtor. 17. The sale of the buildings closed on February 15, 2010. Attached hereto and marked as Exhibits “H-1” and “H-2”, respectively, are Service New Brunswick Parcel Information reports and related documents for PID 01438654 (175 Aberdeen Street) and PID 01440536 (345 Northumberland Street). 18. Attached hereto and marked as Exhibits “I” and “I-2” are the Statements of Adjustments and Statements of Trust Funds relating to the sale of PID 01440536 and PID 01438654, respectively, The net proceeds of sale are currently in Nova Scotia, 19. 1 was not aware of the litigation between the Plaintiff and Tam R. Evans prior to being served with the Plaintif’s motion materials. Likewise, | was not aware of the fire that is the subject matter of the underiying itigation. SWORN TO BEFORE ME at the City of Halex in Province of Nova Scotia, this sina day of February, ) ) > 2010 ) } we? Ab = Gabriel Wortman ) A saree Oaths being a Solicit. ‘ee, SO NosERS “amaThis is Exhibit "A" referred to in the Affidavit of Gabriel Wortman sworn to before me at the City of Halifax, in the Provinoe of Nowa Scotia this na day of February, 2010. K Commissioner of Oaths being a Solicitor