Vancouver

10-Jul-20

No. S176219
VANCOUVER REGISTRY

IN THE SUPREME COURT OF BRITISH COLUMBIA

BETWEEN

CHRISTINE SANDHU

PLAINTIFF
AND
CAMERON HENNESSY, SAMUEL MURPHY, and
THE THREE BRITS ENTERPRISES LTD.

DEFENDANTS

NOTICE OF APPLICATION

Names of Applicants: Samuel Murphy and the Three Brits Enterprises Ltd.
(the “Applicants”)

To: The Plaintiff, Christine Sandhu

Via her email address for service: christinesandhu@gmail.com

And to: The Defendant, Cameron Hennessy

And to: His Solicitor

TAKE NOTICE that an application will be made by the Applicants to The Honourable
Madam Justice Tucker by telephone (CONF#622209400705) at the courthouse at 800
Smithe Street, Vancouver, British Columbia on Wednesday, July 15, 2020 at 9:15 a.m. for the
orders set out in Part 1 below.

Contact Information for Counsel for the Applicants is as follows:

Name: Janis D. McAfee

Telephone Number: 250-980-5581
Email address: jmcafee@dolden.com

Contact Information for the Self Represented Plaintiff is as follows:

Name: Christine Sandhu

Telephone Number: 778-987-1642
Email address: christinesandhu@gmail.com

Contact Information for the Counsel for the Defendant, Cameron Hennessy, is as follows:

Name: Ian K. Sorenson

Telephone number: 604-639-3644
Email address: isorenson@murphyandcompany.com
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Part 1: ORDERS SOUGHT

1. An Order dispensing with the Plaintiff’s signature on the Order After Application
of The Honourable Madam Justice Tucker pronounced on April 2, 2020 in the form
attached as Schedule “A”.

Part 2: FACTUAL BASIS

1. On March 4, 2020, the parties appeared before The Honourable Madam Justice Tucker
on an application filed December 19, 2019, by the Applicants seeking to enforce a
settlement agreement between the Applicants and the Plaintiff evidenced by an
endorsed Covenant.
2. Reasons for Judgement were delivered on April 2, 2020 and at paragraph 29 confirm
the existence of the binding settlement agreement as noted in the endorsed
Covenant and the Plaintiff’s obligation to file a Further Amended Notice of Civil
Claim complying with the terms of the Covenant. Paragraphs 40-52 address the
paragraphs in the Further Amended Notice of Civil Claim disputed by the parties.
3. On April 6, 2020, Counsel for the Applicants provided the parties with a draft
Order After Application with attached Further Amended Notice of Civil Claim in
the form provided by the Order. The Order was endorsed and returned by counsel
for the Defendant, Cameron Hennessy, that same day.
4. To date, the Plaintiff has refused to endorse the Order After Application nor has
she suggested any required changes be made to the Order and/or taken steps to
file the Further Amended Notice of Civil Claim prescribed by that Order.

Part 3: LEGAL BASIS

1. The Applicants rely on Rules 1-2, 13-1(2), 22-1, 22-7 of the Supreme Court Civil Rules;
and the inherent jurisdiction of the Court.

Part 4: MATERIAL TO BE RELIED ON

1. Reasons for Judgment of The Honourable Madam Justice Tucker dated April 2, 2020.

2. Affidavit #3 of Laurie DePellegrin, made on July 10, 2020;

3. The pleadings and materials filed herein; and

4. Such further and other materials as this Honourable Court permit.

The applicants estimate that the application will take 20 minutes.

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[Check the correct box.]

[ ] This matter is within the jurisdiction of a master.

[x] This matter is not within the jurisdiction of a master.

TO THE PERSONS RECEIVING THIS NOTICE OF APPLICATION: If you wish to respond to

this notice of application, you must, within 5 business days after service of this notice of
application or, if this application is brought under Rule 9-7, within 8 business days after service
of this notice of application,

(a) file an application response in Form 33,

(b) file the original of every affidavit, and of every other document, that

i. you intend to refer to at the hearing of this application, and

ii. has not already been filed in the proceeding, and

(c) serve on the applicant 2 copies of the following, and on every other party of record one
copy of the following:

i. a copy of the filed application response;

ii. a copy of each of the filed affidavits and other documents that you intend to refer
to at the hearing of this application and that has not already been served on that
person;

iii. if this application is brought under Rule 9-7, any notice that you are required to
give under Rule 9-7 (9).

Date: 10/July, 2020

Signature of Janis D. McAfee
[ ] applicant [x] lawyer for Applicants

To be completed by the court only:

Order made

[ ] in the terms requested in paragraphs of Part 1 of this notice of application

[ ] with the following variations and additional terms:

Date:
Signature of [ ] Judge [ ] Master
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APPENDIX

[The following information is provided for data collection purposes only and is of no legal effect.]

THIS APPLICATION INVOLVES THE FOLLOWING

[Check the box(es) below for the application type(s) included in this application.]
[ ] document discovery
[ ] oral examination for discovery
[ ] amend pleadings
[ ] add/change parties
[ ] summary judgment
[ ] summary trial
[ ] service
[ ] mediation
[ ] adjournments
[ ] proceedings at trial
[ ] case plan orders
[ ] experts
[X] other