Notice of Motion returnable January 22, 2003 for an Order regarding ...

JAN-16-03 T U 12:66 PM PALES DAVISON FAX NO, 2636540
03
IN THE COURT OF QUEEN'S BENCH OF ALBERTA
JUDICIAL DISTRICT OF CALGARY
Action No.:0201-13248
BETWEEN:
KENDAX INVESTMENTS INC.
Applicant
and
DONALD CARMICHA.EL and 658051 ONTARIO LL'VHTED
Respondents
NOTICE OF MOTION
TAKE NOTICE that an application will be made on behalf of the Applicant,
Kendax Investments Inc., before the Honourable Mr. Justice R.M, Cairns, in Chambers, at the
Court House, in the City of Calgary, in the Province of Alberta, on Wednesday, the 22nd day
of January, 2003, at the hour of 9,00 o'clock in the forenoon, or so soon thereafter as Counsel
may be heard for advice and directions, and for an Order, regarding the terms of reference for
the appointment herein of Alger & Associates (formerly known as Collins Barrow Limited) as
Judicial Trustee and the duties and powers to be granted thereto, which appointxiaent was made
by Order of this Honourable Court dated December 20, 2042.
AND FURTHER TARE NOTICE that in support of the said application, the
Applicant will rely upon the Amended Originating Notice, supporting Affidavits and Written
Briefs of Law previously filed herein by the Applicant, sections 21 and 45 of the Trustee Act,
R,S,A. 2000, c.T-8, and the hillerent jurisdiction of the Court, together with such other material
as Counsel may advise and this honourable Court may permit.

JAN-16-03 THU 12: 66 PM M ILES DAV I SOIL FAX NO, 2636840 P. 04
_2_
AND F'U'RTHER TAKE NOTICE that this application is made pursuant to the
Order granted herein on December 20, 2002 and the direction of the Honourable Mr. Justice
R,M. Cairns made herein on January 14, 2003.
January, 2003,
DATED at the City of Calgary, in the Province of Alberta, this 16th day of
MILES DAVISON McCARTHY McNI'VEN LLP
per.
'567f Terry L. Czechowskyj
Z j -^
TO:
AND TO:
Clerk of the Court
Bishop & McKenzie LLP
Attention: Maureen M. Dawson
Counsel for the Respondents
AND TO: Burnet, Duckworth & Palmer LLP
Attention: Carla A. Murray
Counsel for the Judicial Trustee,
Alger & Associates (formerly known
as Collins Darrow Limited)

JAN-16-03 THU 12:67 PM MILES DAVISON FAX K 26136840 05
ACTION NO. 0201-13248 A.D. 2003
IN THE COURT OF QUEEN'S BENCH
OF ALBERTA
JUDICIAL DISTRICT OF CALGARY
BETWEEN:
KENDAX VESTMENTS INC.
Applicant
and
DONALD CARMICHAEL and
658051 ONTARIO LIMITED
Respondents
NOTICE OF MOTION
MILES DAVISON McCARTHY McNIVEN LLP
Barristers and Solicitors
1600 Bow Valley Square 11
205 - 5th Avenue S.W.
Calgary, Alberta
T2P 2V7
Mr. Terry L. Czechowskyj
Telephone: (403) 298-0326
Fax: (403) 263-6840
File: 9334