Hello All,
This was sent to me by another keyboarder who wants to remain anonymous (thank you!!!). I have NOT independently verified it yet, BUT there is a case number here, names of parties and counsel. So as I was enjoined by the anonymous friend, enjoy…(scroll down)
If you know more, please help!
M.C. Busman
mc_busman@Bigmailbox.net
PART I:
IN THE COURT OF QUEEN’S BENCH OF ALBERTA
JUDICIAL DISTRICT OF EDMONTON
NO. 9303 21120
BETWEEN:
RICHARD SHERGOLD AND ARGOLD HOLDINGS LTD.
Plaintiffs
- and -
OLAF SIMON, D. JUNE SIMON, VERITAS INTERNATIONAL PUBLISHING LTD., TEMPLE KUNG FU STUDIOS INTERNATIONAL LTD., SEAMAC CANADA INC., DERECK PIERCEY, DERCAL HOLDINGS LTD., MARK SMITH, AND BRIAN STOKOWSKI
Defendants
EXAMINATION FOR DISCOVERY of OLAF EMIL SIMON taken before J.B. Snow, Esq., Official Court Reporter/Examiner, at the offices of Shtabsky Tussman, 400 Oxford Tower, Edmonton, Alberta, on the 10th day of March, A.D. 1995.
D.G. Groh, Esq., Q.C. Appeared for the Plaintiffs
A. Oshry, Esq. Appeared for the Defendants
P. Der Court Reporter
OLAF EMIL SIMON, having first been duly sworn at 2:06 p.m., examined by D.G. Groh, Esq., Q.C., testified as follows:
Q MR. GROH: Sir, are you the Olaf Simon who is named as a defendant in the Statement of Claim issued in Court of Queen’s Bench Action No. 9303 21120?
A Yes.
Q And you are also produced this afternoon I understand as an officer of
the defendant Temple Kung Fu Studios International Ltd.?
A Yes, I guess so.
Q And your answers will be binding on that corporate defendant?
A Depending what you are asking me. Is that right, depending on your
question? Do you change from companies back?
Q What I am asking you is –
A In general.
Q What I am asking you is this. When you give evidence that the answers you
give will be binding on that particular corporate defendant, Temple Kung Fu
Studios International Ltd., and perhaps we can just have a break and Mr.
Oshry can explain to you what that means.
(Discussion off the record.)
Q MR. GROH: After discussing this matter with your counsel, sir, your
evidence will be binding on Temple Kung Fu Studios International Ltd., is
that correct?
A Yes, sir.
Q And you have just taken an oath. Is that oath binding on your conscience?
A Yes, definitely.
Q Now, are you the husband of the previous witness who is also a defendant
in this action D. June Simon?
A Yes, I am, yes.
Q Was she your wife also in 1988?
A All along.
Q How long have you been married?
A You got me. 27 I think. If it is 29 you wouldn’t hold it against me?
Q No, sir.
MR. OSHRY: That is years?
MR. GROH: I was going to ask that.
A Yes.
Q Do you know what position you hold in the company Temple Kung Fu Studios
International Ltd.? Are you an officer?
A President is that what you are referring to?
Q That’s it.
A Yes.
Q And you are now?
A Yes, I think, yes. Nobody replaced me.
Q And you were in November of 1988?
A All along, yes, sir.
Q Now, throughout this examination I am going to refer to some companies,
and I may refer to them by some short forms rather than their full name,
and I would like to run over those with you if I may. If I refer to either
Tim-Ed Ventures or Veritas International Published Ltd. simply as Veritas
will you understand who I mean?
A Yes. You allow me a question?
Q Please, go ahead.
A I was overseeing more the publicity side of it. I don’t really know too
much about the individual companies. I think what transpired there unless
– you can ask, and if I can oblige you I will, but the companies I knew
very little. I really didn’t care about the companies. I cared about the
people who ran the companies.
Q You can only do the best you can in answering my questions.
A Okay, fine sir, gotcha.
Q I simply want to make sure that if I refer to Veritas you will understand
that –
A I know that is the Edmonton company, the Edmonton company, and there was
another one his Argold I know that.
Q Let me go through them one at a time, please?
A Okay.
Q If I use the term Veritas you will understand that I am referring to the
company who is a defendant Veritas International Publishing Ltd. which I
understand has had a name change to Tim-Ed Ventures?
A Yes. I don’t know –
Q You will understand that I am referring to that company?
A To that, okay, yes. But if you would do me a favour and maybe tell me who
owned the company it helps me.
Q I will do my best.
A Okay.
Q If I refer to or use the term Argold will you understand –
A It is Richard’s.
Q Pardon me?
A It is Richard’s.
Q Yes, you will understand that I am referring to Argold Holdings Ltd.?
A Okay.
Q And that is okay with you?
A Yes, sir.
Q And if I refer to Temple Kung Fu Studios International Ltd. as TKI will
you understand –
A Yes, I would, sure.
Q That is all right with you?
A Fine, sir.
Q If I refer to Dercal Holdings as Dercal you will understand who I am
referring to as well, will you?
A Yeah, I got to – this is no – let me think. The company of Dereck,
right?
Q That’s right. And, sir, if I refer to those and you have any question
because you can’t remember which company is which please ask me.
A They changed them around, yeah.
Q Now, your date of birth is January 9, 1929, is that correct?
A No, my date of birth is January 20, '29.
Q January 20, 1929?
A Yeah.
Q Where were you born, sir?
A In the – on the – east Prussia.
Q In what is now Germany?
A No, it is Poland now. We lost that. It is gone. We lost the war. We lost
all kinds of things. I would actually be a Polish citizen if I would be
there.
Q I have seen references to you in which you are referred to as Dr. Simon?
A Yes.
Q Do you have a medical degree?
A No, I have studied in Gena University when I came back from war. After a
while I spent time in prison, and I studied in Gena and was given a
doctorate in Gena in 1949.
Q That was a doctorate in what area?
A It was a literary achievement.
Q And what was the name of the university, I’m sorry?
A Gena.
Q Can you spell it?
A G-E-N-A. It is the same university where Karl Marx studied.
Q Does that university still exist to your knowledge?
A It was in East Germany. It should still be existing. It change hands
after the –
Q Do you have a copy of your doctoral degree?
A No, sir, no.
Q You don’t?
A No. May I make some reference to this?
Q Please go ahead.
[continued in PART II]