Supreme Court

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IN THE SUPREME COURT OF THE NORTHWEST TERRITORIES tween: BURNAC REALTY INVESTORS LTD and FIRST INVESTORS CORPORATION LTD

Plaintiffs (Applicants) -and

MacKENZIE HOTEL (1967) LTD.. TERRENCE F. MABER and ROBERT LORIN BROWER

ore the Honourable Thursday, the 11th day Justice W. G. Morrow of March, 1976. UPON the application of the Plaintiffs, and n reading the material filed, together with the affidavits Robert Chapman, Jack M. Sisson and Robert Lorin Brewer; upon heading Counsel for the Plaintiffs and for the Defendants r iin and it appearing that some form of control should be set f K 0 preserve surplus funds, if any, which may be earned from ^ operation of that certain hotel business forming the subject er of these proceedings; and it appearing further that Mr. I-.1 h C. Froment, Chartered Accountant, of Yellowknife, is prep-and has consented to act as a partial Receiver as may be inafter provided IT IS ORDERED that the Manager from time to time icKenzie Hotel (1967) Limited, at Inuvik, in the Northwest tories *"' ""^ "" "'' '""'^y required to collect, get in

I I U I II L I I I -k ^T-rprp-i—r-troTT i- J / -and

MacKENZIE HOTEL (1967) LTD., TERRENCE F. MABER and ROBERT LORIN BROWER

)re the Honourable ) Thursday, the 11th day Justice W. G. Morrow ) of March, 1976. UPON the application of the Plaintiffs, and I reading the material filed, together with the affidavits lobert Chapman, Jack M. Sisson and Robert Lorin Brower; upon hearting Counsel for the Plaintiffs and for the Defendants in and it appearing that some form of control should be set 0 preserve surplus funds, if any, which may be earned from operation of that certain hotel business forming the subject er of these proceedings; and it appearing further that Mr. h C. Froment, Chartered Accountant, of Yellowknife, is prep- ! r and has consented to act as a partial Receiver as may be fnafter provided IT IS ORDERED that the Manager from time to time icKenzie Hotel (1967) Limited, at Inuvik, in the Northwest tories, be and he is hereby required to collect, get in eceive all moneys which may be earned from the operation e said Hotel from and after March 15, 1976; IT IS FURTHER ORDERED that the said Manager be and hereby authorized to pay out from any of the aforesaid s as received from the operation of the Hotel the actual )-day costs of operating the said Hotel which, without ing the generality of the aforesaid, shall include normal m

^^T -2-lyroll, normal utilities and normal stock purchases. IT IS FURTHER ORDERED that on the last day and le fifteenth day of each month from this date any surplus funds )nected by the aforesaid Manager shall be remitted to the 'oresaid Ralph C. Froment, along with copies of all payroll :counts, bank deposit slips and other vouchers and receipts lowing how the moneys have been disbursed for the previous tvvo ;eks as provided. IT IS FURTHER ORDERED that the said Ralph C. Froment all be appointed Receiver to the extent of the receiving of id surplus moneys as they may be remitted, and he shall be ceiver without the necessity of security, and he is required deposit any such funds received in a special interest-bearing iSt account, said sum to be distributed and paid out in accord-:e with the Order or Orders of this Court; IT IS FURTHER ORDERED that the aforesaid Manager 11, as he remits surplus funds together with the statements other documents referred to above, whether there be profit not, or whether there be surplus funds or not, include with said statement a statutory declaration or affidavit made limself certifying to the accuracy and validity of the dis-•ements and receipts. IT IS FURTHER ORDERED that any costs of the accounting h may be incurred by Ralph C. Froment, or any other expenses Ived in this partial Receivership, shall be made payable of the funds received by the said Ralph C. Froment, which 5 and fees are to hp annrnved by this Honourable Court and

p ^ o-i a—I r y <^ J I vj 1 I counts, uaiiK aeposit slips and other vouchers and receipts owing how the moneys have been disbursed for the previous two eks as provided. IT IS FURTHER ORDERED that the said Ralph C. Froment lall be appointed Receiver to the extent of the receiving of lid surplus moneys as they may be remitted, and he shall be iceiver without the necessity of security, and he is required I deposit any such funds received in a special interest-bearing •ust account, said sum to be distributed and paid out in accord-ice with the Order or Orders of this Court; IT IS FURTHER ORDERED that the aforesaid Manager all, as he remits surplus funds together with the statements d other documents referred to above, whether there be profit not, or whether there be surplus funds or not, include with e said statement a statutory declaration or affidavit made himself certifying to the accuracy and validity of the dis-"sements and receipts. IT IS FURTHER ORDERED that any costs of the accounting ch may be incurred by Ralph C. Froment, or any other expenses olved in this partial Receivership, shall be made payable of the funds received by the said Ralph C. Froment, which ts and fees are to be approved by this Honourable Court and e payable after final accounting or upon such further Order Tiay be given. IT IS FURTHER ORDERED that either party may apply ̂ 5 ;his Court on two days' notice as they advise. The costs of this application shall be in the cause shall be spoken to at the final concl-jF.ion of these proceedings

^--^ t v ''•^^•c:-^ W. G. Morrow ^