Barber V Loblaw - John Talevski - Final (P) PDF

Court File No.
07-CV-326246 PD2
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
KAREN BARBER by her Litigation guardian DEBBIE DODGE
Plaintiff
- and -
LOBLAW COMPANIES LIMITED, YORKTOWN PROPERTY

MAINTENANCE INC., ARCTURUS REALTY CORPORATION,
COMMUNITY LIVING TORONTO, FAIRFAX ADULT DEVELOPMENT
PROGRAM and GOLDEN MILE SHOPPING CENTRE
Defendants
--------------------------------------------------------
This is the Examination for Discovery of
JOHN TALEVSKI, on behalf of the Defendant YORKTOWN
PROPERTY MAINTENANCE INC. herein, taken at the offices
of Network Reporting & Mediation, One First Canadian
Place, Suite 800, 100 King St. West, Toronto, Ontario,
on the 7th day of July, 2009.
--------------------------------------------------------
A P P E A R A N C E S:
RENEE VINETT Solicitor for the Plaintiff
PAUL E.F. MARTIN Solicitor for the Defendant

(LOBLAW COMPANIES LIMITED)
COLIN S. JACKSON Solicitor for the Defendant

(YORKTOWN PROPERTY MAINTENANCE INC.)
MATTHEW J.M. LEFAVE Solicitor for the Defendant

(ARCTURUS REALTY CORPORATION)
T. CRAIG EDWARDS Solicitor for the Defendants

(COMMUNITY LIVING TORONTO,
FAIRFAX ADULT DEVELOPMENT PROGRAM)
JOHN TALEVSKI - 2
I N D E X O F P R O C E E D I N G S
DESCRIPTION PAGE NO.
JOHN TALEVSKI; Sworn. 3
EXAMINATION BY MS. VINETT 3
EXAMINATION BY MR. LEFAVE 40
EXAMINATION BY MR. MARTIN 50
INDEX OF UNDERTAKINGS
REFERENCE NO. PAGE NO.
--- UNDERTAKING NO. 1 ..................................10
--- UNDERTAKING NO. 2 ..................................28
--- UNDERTAKING NO. 3 ..................................39
INDEX OF REFUSALS
REFERENCE NO. PAGE NO.
--- REFUSAL NO. 1 ......................................38
NETWORK REPORTING & MEDIATION - First Canadian Place - (416)359-0305

JOHN TALEVSKI - 3
1 --- Upon commencing at 12:40 p.m.
2 JOHN TALEVSKI (Sworn)
3 EXAMINATION BY MS. VINETT:
4 1. Q. Okay, could you state your full name?
5 A. John Talevski.
6 2. Q. Okay, and your last name is spelled T-
7 A-L-E-V-S-K-I?
8 A. That’s correct.
9 3. Q. Okay, and have you been sworn to tell
10 the truth today?
11 A. Yes, I have.
12 MS. VINETT: Okay, and Counsel, just
13 confirming that Mr. Talevski is here as a
14 representative of Yorktown Property Maintenance Inc.
15 and that his answers are binding on the corporation?
16 MR. JACKSON: Yes.
17 BY MS. VINETT:
18 4. Q. Okay, Mr. Talevski, what is your role
19 at Yorktown. Your role, what is your position or
20 role?
21 A. I’m one of the directors.
22 5. Q. Are there –- okay, are you a president?
23 Do you have an office, particular title, president?
24 A. President, yes.
25 6. Q. Okay. Is this –- how many directors

JOHN TALEVSKI - 4
1 would there be?
2 A. Three.
3 7. Q. Three, is it a family run company?
4 A. Yes.
5 8. Q. Okay, so the other directors would be -
6 --
7 A. My brothers.
8 9. Q. Okay. And where do you reside?
9 A. In Scarborough.
10 10. Q. And the head offices for Yorktown are
11 where?
12 A. 21 Bertrand Avenue.
13 11. Q. Twenty-one?
14 A. Bertrand, B-E-R-T like Tom, R-A-N-D.
15 12. Q. And what are your responsibilities with
16 the company?
17 A. General responsibilities?
18 13. Q. Yes.
19 A. To open the shop every day, make sure
20 the equipment is fit for the wintertime and during the
21 wintertime make sure the job is done properly.
22 14. Q. Okay, and how many –- at the time of
23 this incident, it was an accident that occurred on
24 January 24th, 2005, how many employees would you have
25 had at that time?

JOHN TALEVSKI - 5
1 A. Four.
2 15. Q. And who are they?
3 A. That was Mike Talevski, Lewis Talevski,
4 myself and Willis Martin.
5 MR. EDWARDS: What was that last name,
6 sorry?
7 THE DEPONENT: Martin.
8 BY MS. VINETT:
9 16. Q. Okay, so Mike and Lewis, I take it, are
10 your brothers?
11 A. Um-hmm. That’s correct.
12 17. Q. And in particular which one of these
13 individuals would be responsible for the winter
14 maintenance at the Golden Mile Shopping Centre?
15 A. That was me, Mike and Willis.
16 18. Q. And I understand that you were –- that
17 you dealt directly with the property manager through
18 Arcturus for Golden Mile Shopping Centre that would be
19 Debora Heath, is that right.
20 A. When you say directly what do you mean
21 I don’t understand that.
22 19. Q. Did -- was she the one –- was she your
23 contact person for the property?
24 A. Yes, she was, yes.
25 20. Q. Okay. And can you tell me what your

JOHN TALEVSKI - 6
1 relationship with Debora Heath was prior to this
2 incident in 2000 -- in January 2005?
3 MR. JACKSON: Sorry, I don’t understand the
4 question?
5 BY MS. VINETT:
6 21. Q. Just -- okay, I’ll clarify. I’m not
7 suggesting anything weird here, I just, I -- okay,
8 what I’m asking is how often would you have
9 communications with Debora Heath?
10 A. Not very often.
11 22. Q. You never had communications with her?
12 A. We have but not -- maybe once a month.
13 23. Q. So, you would be in contact with her
14 approximately once a month before this accident?
15 A. Sometime more than once a month.
16 24. Q. Okay, and can you tell me what the
17 reasons for your contact once a month or sometimes
18 more?
19 A. Well, I don’t really have to contact
20 her. She will see me in the parking lot every
21 morning. She used to be only person -- she used to
22 arrive there about 5:30, 6:00 in the morning.
23 25. Q. And did you speak with her those
24 mornings?
25 A. Every time I was in the parking lot she

JOHN TALEVSKI - 7
1 was there so I did, she will approach me.
2 26. Q. Can you just tell me, you know, just
3 generally what the content of your conversation would
4 be -- and I’m just really talking specifically about
5 if it had anything to do with the maintenance of the
6 parking lot?
7 A. Yes. She would say there was a lot of
8 snow last night, this looks great, don’t forget to
9 salt the areas, don’t forget this, the same, the usual
10 things. Never a problem.
11 27. Q. Okay, I understand that, but first of
12 all what was your understanding as to Yorktown’s
13 responsibilities at the Golden Mile Shopping Centre?
14 A. Whatever the contract specify.
15 28. Q. Okay.
16 A. That’s was our understanding.
17 29. Q. And were you the person who negotiated
18 the contract?
19 A. I was.
20 30. Q. Okay. Can you tell me what you recall
21 was the -- were the terms -- in terms of your
22 responsibilities of the winter maintenance of that
23 property?
24 A. Sure.
25 31. Q. Okay.

JOHN TALEVSKI - 8
1 A. To control the property during extended
2 snowfalls, to be there in the mall making sure that
3 all entrances and exits are open for the people.
4 After every snowfall, salt the complete parking lot
5 areas, entrance and exit again and the sidewalk areas,
6 clear the snow and salt, and the snow to be stacked
7 high up to the contract area’s specifications.
8 32. Q. As far as you knew, was Yorktown the
9 only company –- or were you guys the only ones
10 responsible for the winter maintenance of that
11 property?
12 A. Yes, we were.
13 33. Q. Okay, so you didn’t expect that any of
14 the shop owners in the mall would do any type of
15 winter maintenance?
16 A. I wouldn’t know.
17 34. Q. You don’t know about that?
18 A. I don’t know about that.
19 35. Q. Okay, did you expect that any of the
20 employees of Arcturus would salt the areas in the
21 parking lot or surrounding the mall?
22 A. I don’t know. That wasn’t in the
23 contract that they will be doing so -- I don’t know.
24 36. Q. Okay, would you have expected that they
25 were doing it?

JOHN TALEVSKI - 9
1 A. Not really.
2 37. Q. Okay, your understanding was that
3 Yorktown was the only one responsible for that?
4 A. I knew we were responsible for the
5 parking lot area and the sidewalks, I knew that.
6 38. Q. Okay, and we do have some records,
7 well, let me just try to make some sense myself of
8 this. With respect to the contract that you entered
9 into with Arcturus on behalf of Loblaws. I understand
10 the term of the contract was from November 1st, 2004
11 to April 30th, 2007 and that it was basically six
12 months each year from November 1st to April 30th would
13 be the period where you would be providing service, is
14 that correct?
16 39. Q. Okay, and there is no question that you
17 were providing service on January 24, 2005?
19 40. Q. Okay, in Paragraph 11 at page 4 of the
20 contract there was -- there is a provision for
21 insurance and the one that I think is the most
22 important is subparagraph B, where it talks about the
23 contractor role during the term maintained at least
24 comprehensive general liability insurance, automobile
25 liability insurance and quote all risks contractor

JOHN TALEVSKI - 10
1 equipment insurance and it goes on. It goes on and
2 then eventually says for the performance of the
3 services. So you did in fact have active insurance at
4 the time of this incident?
5 A. Yes, we did.
6 41. Q. Okay, and who was your insurer?
7 A. I don’t know right now.
8 MS. VINETT: Do you know, Counsel?
9 MR. JACKSON: Aviva.
10 MS. VINETT: Counsel, do you know what the
11 third party liability limits are?
12 MR. JACKSON: I’m advised that they’re five
13 million.
14 MS. VINETT: Okay, could you provide us with
15 a copy of the declaration page?
16 MR. JACKSON: I will ask for that.
17 --- UNDERTAKING NO. 1
18 MS. VINETT: And do you know if Arcturus or
19 O&Y Properties, a former name, or Loblaws were named
20 insured under that policy?
21 THE DEPONENT: I don’t know.
22 MS. VINETT: Do you know?
23 MR. JACKSON: Yes, there were additional
24 insureds under the policy, one was O&Y Enterprise and
25 the other was -- sorry the other was Arcturus Realty

JOHN TALEVSKI - 11
1 Corp. and the other was Loblaw Properties Limited.
2 BY MS. VINETT:
3 42. Q. Okay, and there is –- do you know if
4 you provided Arcturus with copies of all the insurance
5 policies that related to the property?
6 A. To my knowledge I think we did because
7 they expected proof of insurance.
8 43. Q. There is a release and indemnity clause
9 at Paragraph 12, that’s at the bottom of page 4, what
10 was your understanding about this provision about this
11 release and indemnity?
12 MR. JACKSON: Are you asking for a legal
13 interpretation?
14 MS. VINETT: No, I am asking for his
15 understanding of what the release and indemnity clause
16 meant to him.
17 THE DEPONENT: I don’t know.
18 BY MS. VINETT:
19 44. Q. You don’t know and -- but you were the
20 one who negotiated this contract?
21 A. Yes, I have, yes, I have.
22 45. Q. Okay, and you were the one who signed
23 the contract if I’m not mistaken, I’m trying to see if
24 I’ve got a ---
25 A. Yes, that’s me, yes.

JOHN TALEVSKI - 12
1 46. Q. Yes, okay, so you confirm that you did
2 sign?
3 A. Um-hmm.
4 47. Q. How long has Yorktown been in business?
5 A. For 25 years.
6 48. Q. Okay, and I just want to confirm did
7 you read this contract before you signed it?
8 A. You have to read it because the manager
9 will go with you, with me, so it has to be -- and then
10 I will take it back to the office and read it again.
11 49. Q. Okay, and when you say we took it back
12 to the office and we read it again who would read it
13 with you?
14 A. Me and my brothers.
15 50. Q. Okay, and there is a provision in here
16 and I just -- it talks about that the contractor being
17 Yorktown was releasing O&Y and the centre which would
18 be Loblaws for cost, any losses, cost, expense, injury
19 or claim that it has or might require in any way
20 arising from or connected with its activities, so,
21 pursuant to this contract, so anything with respect to
22 snow removal maintenance -- winter maintenance of the
23 parking lot and walkways and entranceways. It has a
24 clause here and if you want to just look at it
25 yourself it’s at one, two, three, four, five, six, it

JOHN TALEVSKI - 13
1 starts at line six of Paragraph 12 A and it says,
2 well, the line before pursuant to this contract that’s
3 –- I’ve already read about their –- you’re releasing
4 them from any liability, it says pursuant to this
5 contract regardless of how caused and whether or not
6 O&Y Properties or a released person is or are
7 negligent, do you see that?
8 A. Yes, I do.
9 51. Q. Okay, did you have any understanding as
10 to what that meant when you signed this contract?
11 A. Not a 100 percent.
12 52. Q. Well, what did you understand even if
13 it wasn’t 100 percent?
14 A. Okay, I understand that if it was any
15 lawsuits against the company, their property manager
16 would be excluded from any lawsuits.
17 53. Q. Okay, so when you say against the
18 company are you talking about against your Yorktown?
19 A. No.
20 54. Q. Against Arcturus?
21 A. Yes.
22 55. Q. And I guess would that include Loblaws?
23 A. I can’t tell you that --
24 56. Q. Okay.
25 A. -- because I don’t know. I was more --

JOHN TALEVSKI - 14
1 -
2 57. Q. Okay, and it goes on to say -– if you
3 follow that same line it says like in parentheses sub
4 Paragraph 2, indemnifies O&Y Properties Inc. and each
5 release persons against all loss, cost, expenses,
6 claims and all injury arising out of activities of the
7 contractor in performing the services or any breach by
8 the contractor. Did you understand -- what did that
9 mean to you?
10 A. Basically then if you neglected the
11 property doing a snowfall or doing a snow operation
12 that we would be responsible for any losses or any
13 falls or ---
14 58. Q. And there -- if you will return to
15 Schedule A of the contract, it’s got a description of
16 services. At Paragraph 1 it says that the contractor
17 will apply salt and plough to ensure that the centre
18 is in safe condition and free of hazards at all times
19 with, and I’m just pulling out key phrases, at all
20 times without any prior direction from O&Y
21 enterprises. So, you were -- correct me if I’m
22 misinterpreting this but was it your understanding
23 that -- you were the one -- your company were the ones
24 to determine when service was needed and to provide
25 that service without waiting for a call from Arcturus

JOHN TALEVSKI - 15
1 or Loblaws?
2 A. Correct.
3 59. Q. Okay, and Paragraph 2 says unless
4 weather conditions dictate otherwise, that the work,
5 and I’m paraphrasing but, the work would be performed
6 between 7:00 pm and 7:00 am, seven days a week,
7 however the last line says this service is to be
8 performed as necessary on a 24 hour basis, do you see
9 that?
10 A. Um-hmm.
11 60. Q. Okay, so did you understand that you
12 were required to maintain the property 24 hours a day,
13 seven days a week?
14 A. Yes.
15 61. Q. Did you receive a schematic of the
16 parking lot area and the entranceways of the Golden
17 Mile Shopping Centre?
18 A. Yes.
19 62. Q. Okay, could you provide us with a copy
20 of that?
21 A. I -- I don’t know where it is now. I
22 don’t have it on file right now.
23 63. Q. Okay, I understand that you’re no
24 longer doing the maintenance for the Golden Mile
25 Shopping Centre?

JOHN TALEVSKI - 16
1 A. Yes.
2 64. Q. Okay, so you don’t believe you still
3 have a copy of that?
4 A. No.
5 65. Q. Okay.
6 A. But I know I was given one.
7 66. Q. Okay, would you just look and see if
8 you by chance have it.
9 A. The Golden Mile has it. I know they
10 still have the files.
11 67. Q. Okay.
12 A. If you need that one, I don’t know if I
13 can find it.
14 68. Q. Okay, well, I don’t know, just best
15 efforts.
16 MR. JACKSON: Well, I don’t know what that
17 entails, so let’s ask. Do you have a box around
18 somewhere that has the Golden --
19 THE DEPONENT: No.
20 MR. JACKSON: -- Mile maintenance records?
21 So where would you look?
22 THE DEPONENT: In a file or something.
23 MR. JACKSON: But what file would you still
24 have?
25 THE DEPONENT: I still have some papers.

JOHN TALEVSKI - 17
1 MR. JACKSON: Okay, and can you access them
2 easily without too much trouble.
3 THE DEPONENT: No.
4 MR. JACKSON: Where are they?
5 THE DEPONENT: In storage.
6 MR. JACKSON: Okay, how do you get them back
7 from storage?
8 THE DEPONENT: I have to arrange to go there
9 and see if I can find it.
10 MR. JACKSON: Okay.
11 MS. VINETT: Well.
12 MR. JACKSON: Can we not see if Golden Mile
13 has it first?
14 MS. VINETT: Exactly, yes, yes, I’ll ---
15 MR. JACKSON: Thank you.
16 MS. VINETT: Maybe just go off the record
17 for a second.
18 --- OFF THE RECORD DISCUSSION---
19 BY MS. VINETT:
20 69. Q. Now, under Paragraph 3, it says that a
21 crew will be left on-site during heavy snowfalls, was
22 ---
23 A. Where is -- number three?
24 70. Q. Yes, number three.
25 A. Yes.

JOHN TALEVSKI - 18
1 71. Q. And was there any need for -– did you
2 leave a crew there during heavy snowfalls?
3 A. That was me.
4 72. Q. Oh that was you, okay, so you would,
5 you’d just stay there until the job was done.
6 A. The shop is very close by, it’s about
7 five minutes drive.
8 73. Q. Okay.
9 A. So, I would be there.
10 74. Q. Okay.
11 A. And they have a coffee shop in there
12 too.
13 75. Q. Okay, in Paragraph 8, the contractor
14 will maintain accurate logs as to the times and dates
15 of their attendance and their duties performed, do you
16 see that?
17 A. Yes.
18 76. Q. Okay, and it goes on to say that those
19 logs would be submitted monthly to the manager -- were
20 those logs produced monthly to the manager?
21 A. I don’t remember if they were produced
22 at the time of this contract, so I’m not sure.
23 77. Q. Okay, Counsel, if I could see your
24 logs.

JOHN TALEVSKI - 19
1 MS. VINETT: You’ve got a copy there that
2 you can show your client?
3 MR. JACKSON: I have.
4 BY MS. VINETT:
5 78. Q. Okay, I’ve been given what looks like a
6 maintenance log and the first date on the log is
7 January 17, 2005, do you see that?
8 A. Yes, I do.
9 79. Q. Okay, and who would have prepared this
10 document?
11 A. Myself.
12 80. Q. And I see there’s various dates, on
13 each date, I mean is this a document that was prepared
14 each day?
15 A. Yes.
16 81. Q. Okay, and was it recorded at the time
17 that the services were being provided?
18 A. Ninety percent of the time.
19 82. Q. And if it -– the other ten percent of
20 the time, when was it made?
21 A. Back in the shop.
22 83. Q. Would that -- would it still be on the
23 day that the service was provided?
24 A. Yes.
25 84. Q. Okay, and if I just go to -– on the

JOHN TALEVSKI - 20
1 bottom of page -- of the first page it says January
2 22nd, 2005 and it goes on to talk about.
3 MR. JACKSON: Sorry, Counsel, did you say.
4 MS. VINETT: January.
5 MR. JACKSON: Twenty-two.
6 MS. VINETT: Yes.
7 MR. JACKSON: Thank you, got it.
8 BY MS. VINETT:
9 85. Q. 2005 and it -- your entry is you went
10 salting all the malls, heavy salt, if I’m reading that
11 correctly and correct me if I’m wrong, ---
12 A. It is.
13 86. Q. --- at 6:00 am, start to snow in the
14 morning, very cold, at night ploughed all malls,
15 finished at 5:30 am, then went salting, very cold
16 temperature minus 38, right. There -- on the second
17 page there is a -- an entry that said `sun came out,
18 help melting slush.’ Is that for January 22nd, that
19 that entry is?
20 A. No.
21 87. Q. What date is that for the sun coming
22 out?
23 A. According to this, it’s January 24.
24 88. Q. Okay. Okay, when you say that the sun
25 came out and helped melting slush, would that involve

JOHN TALEVSKI - 21
1 some type of melting of the snow or slush that was on
2 the ground?
3 A. No, that wasn’t on the ground, it’s the
4 slush from the snow piles, so when there’s sun outside
5 it will start melting and go to the parking lot area.
6 89. Q. Okay, and at the time of this incident
7 on January 24, 2005, did -- were there any of these
8 snow piles near the main entrance to the Golden Mile?
9 A. No, they won’t allow us to put it
10 there.
11 90. Q. Okay, and on January the 24th, there
12 appears to be two entries. It says -– the first one
13 says ‘went salting all malls only morning’ was that --
14 -
15 A. Early morning, yes.
16 91. Q. Oh, is that early or only?
17 A. Early, early.
18 92. Q. Early, okay.
19 A. Yes.
20 93. Q. Early morning and then the next entry
21 says ‘went salting all malls 2:00 pm’.
23 94. Q. Okay. When you say all malls what
24 malls are you referring to?
25 A. I was referring to Parkway Mall.

JOHN TALEVSKI - 22
1 95. Q. So, it would be parkway as well as the
2 Golden Mile?
3 A. I don’t understand, it was a different
4 mall.
5 96. Q. Okay, so is this entry – ‘went salting
6 all malls early morning’, does that refer to salting
7 Golden Mile?
8 A. Yes.
9 97. Q. Okay, as well as the other mall?
11 98. Q. And you went salting all malls again at
12 2:00 pm it says. Was there a reason why you attended
13 at 2:00 pm?
14 A. I won’t remember today, but if it’s
15 there it’s because it needed to be salted again.
16 99. Q. How did you know that it needed to be
17 salted at 2:00 pm?
18 A. Because we -- like I said, we only five
19 minutes, ten minutes from the shop so we patrol the
20 area.
21 100. Q. Okay.
22 A. Yes.
23 101. Q. And do you have a record of your
24 patrols?
25 A. Some, not all the time.

JOHN TALEVSKI - 23
1 102. Q. Do you have a record of the patrols
2 that are -- were conducted on January 24, 2005?
3 A. No.
4 103. Q. And can you tell me, in January of
5 2005, was there some sort of a schedule for patrolling
6 that you can remember?
7 A. No, not -- we don’t have a schedule,
8 like I said to you before we are only like five, ten
9 minutes from the mall, so if it snows in my property,
10 I’m quite sure it will snow on the Golden Mile.
11 104. Q. Okay.
12 A. You know like for five minutes
13 difference.
14 105. Q. Sure.
15 A. If it was from the airport to the –-
16 yes, then you have to have very different schedules to
17 do that, but for you know -- like I said, I can walk
18 to the mall from the shop, so if it really snows in my
19 shop and I see that it’s not dry in the parking lot, I
20 think I should go there.
21 106. Q. And do you have any records or any
22 information, knowledge or belief as to why you believe
23 it needed salting at two o’clock on January 24, 2005?
24 A. At this time, no, ma’am, I won’t know
25 but after doing it for 24 years, I think I knew what I

JOHN TALEVSKI - 24
1 was calling for but at this time like today I won’t
2 remember why.
3 107. Q. So this other mall that you were
4 salting, the Golden Mile, what -- I miss the name of
5 the other mall.
6 A. Parkway Mall.
7 108. Q. Parkway Mall and how far apart would
8 Parkway Mall be from Golden Mile?
9 A. The Golden Mile is five to ten minutes,
10 Parkway Mall fifteen to twenty.
11 109. Q. So, fifteen to twenty from your office?
12 A. From the shop.
13 110. Q. From the shop?
14 A. Yes.
15 111. Q. And from Golden Mile, how far away
16 would Parkway Mall be?
17 A. Probably 15 minutes or 20 minutes.
18 112. Q. So if this entry says 2:00 pm which
19 mall did you go to first?
20 A. My responsibility was the Golden Mile.
21 113. Q. So, this is your entry strictly for the
22 Golden Mile?
23 A. No, for both, if I say both malls then
24 it’s two.
25 114. Q. Okay but you would have attended only

JOHN TALEVSKI - 25
1 at Golden Mile?
3 MR. JACKSON: I understand his evidence,
4 Counsel, is that there were two separate crews, I
5 think. Is that right?
6 THE DEPONENT: That’s right.
7 BY MS. VINETT:
8 115. Q. Okay, and on the day of this particular
9 incidence January 24, 2005 who was -- what members --
10 I know you said that one of your brothers, and Willis
11 I believe, as well as yourself were responsible for
12 the Golden Mile property, did -- who maintained that
13 property on January 24th, 2005?
14 A. At Golden Mile?
15 116. Q. Yes.
16 A. Myself.
17 117. Q. Only you?
18 A. Only me.
19 118. Q. And is there any record of how much
20 salt you used that day or at two o’clock when you went
21 to?
22 A. That is about between eight and ten
23 tonnes.
24 119. Q. Is there any record of that?
25 A. I don’t understand what you mean,

JOHN TALEVSKI - 26
1 record for what?
2 120. Q. Do you have a record that you salted,
3 do you have a record as to what amount of salt you
4 used when you salted?
5 A. Well, every time we salt it, it was
6 between eight and ten tonnes, we didn’t put any less.
7 121. Q. Okay.
8 MR. LEFAVE: Sorry, did you say you can’t
9 put any less?
10 THE DEPONENT: Well, you could but you’re
11 not going to do a good job.
12 MR. LEFAVE: Okay.
13 BY MS. VINETT:
14 122. Q. And how was the salt applied to the
15 walkways and the -- the entranceways.
16 A. The entranceways? Mechanically.
17 123. Q. With what?
18 A. With a truck.
19 124. Q. What kind of a truck, a regular size
20 truck?
21 A. That would be full tandem truck.
22 125. Q. Full tandem truck?
23 A. Yes.
24 126. Q. Okay, and I know that your counsel has
25 some photographs of the entrance to Golden Mile that

JOHN TALEVSKI - 27
1 he’s showing you. Now, and Counsel, since we’ve used
2 these photographs a lot throughout the various
3 discoveries, would you be willing to produce a copy of
4 them to us?
5 MR. JACKSON: Yes, I’m happy to waive
6 privilege on the actual photographs you’ve also – the
7 photographs are mounted on what’s described as a photo
8 sheet which I’m not waiving privilege for but yes, I’m
9 content to produce the actual photographs.
10 MS. VINETT: Okay, that would be very
11 helpful, thank you. So, if you could provide ---
12 MR. JACKSON: Do you want -- I mean ---
13 MS. VINETT: I’m sorry.
14 MR. JACKSON: Do you want a photocopy or do
15 you want a laser copy?
16 MS. VINETT: I think that now laser color
17 copies are always better.
18 MR. JACKSON: Okay, so you have the
19 recourses to pay for that I presume?
20 MS. VINETT: Yes.
21 MR. JACKSON: Anybody else?
22 MR. LEFAVE: Sure.
23 MR. MARTIN: Yes.
24 MR. EDWARDS: Sure.
25 MR. JACKSON: Okay, laser copies for

JOHN TALEVSKI - 28
1 everyone at their expense.
3 BY MS. VINETT:
4 127. Q. Thank you. If you could look at the
5 photographs there, I think they’re numbered one
6 through five and, not that I have them completely
7 memorized or anything but the entranceway, maybe I’ll
8 just walk around and make sure that we’re talking
9 about the same thing, okay? The entranceway that’s
10 depicted in photograph three of the series of five
11 photographs, there appears to be two cement columns in
12 the front part there, do you see those?
13 A. Yes, ma’am.
14 128. Q. Okay, and -- so the salting -– and in
15 the centre, if it’s fair to say, there’s a glassed
16 area that as I understand it, to the right or left of
17 that area would be sliding doors.
19 129. Q. Okay. So when you’ve referred to
20 salting of the entranceway, are you referring to
21 salting in front of these doors, on either side of the
22 entrance?
23 A. Ma’am, in here, if you see this line.
24 130. Q. Yes.
25 A. That’s the sidewalk.

JOHN TALEVSKI - 29
1 131. Q. Okay.
2 A. After this bollard, that’s the roadway,
3 in here would be done with a salt spreader and by
4 hand.
5 132. Q. Okay, so just for the record.
6 A. Yes.
7 133. Q. You’re referring to photograph four and
8 in photograph four there is like a tire track if you
9 will.
10 A. No, no, it’s like a curve.
11 134. Q. Oh it’s like a curve okay.
12 A. Not really, ma’am.
13 135. Q. But there’s a line there.
14 A. It’s – it’s a line like it’s separating
15 the roadway with the sidewalk.
16 136. Q. Okay, so the line that --
17 A. Yes.
18 137. Q. -- that’s there is separating the
19 sidewalk which would be to the right side of the
20 photograph -– no, the driveway would be to the right
21 side of the photograph and the sidewalk would be to
22 the left side?
24 138. Q. Okay, and so what you’re saying is is
25 that the roadway would be salted with a tandem salting

JOHN TALEVSKI - 30
1 truck?
2 A. Yes, with a -- yes, with a truck, yes,
3 mechanically.
4 139. Q. Okay, and the sidewalk portion would be
5 salted by hand?
6 A. Will be salted by hand and with a
7 spreader --
8 140. Q. Okay.
9 A. -- like a fertilizers, that type of a
10 spreader.
11 141. Q. That just would --
12 A. Yes.
13 142. Q. -- spray it around, it would swirl it
14 around.
15 A. Yes, it would then go in that area
16 especially all these area because I want to make sure
17 these cars are accessible to people to put them back
18 and take them out.
19 143. Q. Okay.
20 A. Yes.
21 144. Q. Okay, and you would’ve done that actual
22 salt spreading yourself?
23 A. I would do the truck.
24 145. Q. You would do the truck?
25 A. Yes, I was only in the truck, I don’t

JOHN TALEVSKI - 31
1 do the sidewalk.
2 146. Q. Okay, who did the sidewalk?
3 A. Willis.
4 147. Q. Willis did sidewalks, so on the day ---
5 MR. JACKSON: Okay, just to correct that and
6 I didn’t want to jump in but you indicated earlier in
7 a question by my friend that you were the only one
8 there that day.
9 THE DEPONENT: It’s a mistake.
10 MR. JACKSON: I understand.
11 THE DEPONENT: I’m sorry.
12 MS. VINETT: That’s okay.
13 THE DEPONENT: Yes, yes.
14 BY MS. VINETT:
15 148. Q. So Willis would have been the --
16 A. Yes.
17 149. Q. -- individual who actually took care of
18 the sidewalks?
19 A. That’s his job.
20 150. Q. Okay.
21 A. When it snows that was his job. I’m
22 sorry.
23 151. Q. That’s okay.
24 A. Now I know why you guys get paid big
25 bucks, now I know.

JOHN TALEVSKI - 32
1 152. Q. Is Willis still employed with your
2 company?
3 A. Yes, ma’am.
4 153. Q. Okay. Would Willis have kept any
5 records separate from the records that you’ve shown
6 us?
7 A. The only records he kept, ma’am, was
8 his hours that he can get paid.
9 MS. VINETT: Okay, and Counsel, have you got
10 any statements from Willis as, with respect to the
11 accident incident?
12 MR. JACKSON: No.
13 BY MS. VINETT:
14 154. Q. Okay, if you -- there is a –- now, if
15 this says 2:00 pm, how long would you have actually
16 been at the premises that day at Golden Mile, how long
17 would it take?
18 A. Ma’am, roughly, you take maybe an hour,
19 an hour and a half to do the proper job. That’s just
20 for salting though.
21 155. Q. Salting only.
22 A. An hour -- only, yes.
23 156. Q. And on this day, this was just a
24 salting operation?
25 A. Just salting, let me just double check

JOHN TALEVSKI - 33
1 here ma’am. Salting, yes, just salting.
2 157. Q. And there is an incident report that is
3 -– your counsel has a copy of it, but the real issue
4 is that there is some information that after –- well,
5 first of all do you know where this person fell?
6 A. No, ma’am.
7 158. Q. When were you first notified of the
8 accident?
9 A. I think it was a few months later.
10 MR. JACKSON: Well, I’ll correct that later,
11 if necessary if I should do it now ---
12 MS. VINETT: Yes, go ahead.
13 MR. JACKSON: I think his evidence is that
14 he first became aware of it when he was served, his
15 company was served a Statement of Claim. Am I right
16 about that.
17 THE DEPONENT: That’s correct.
18 MS. VINETT: Okay.
19 MR. JACKSON: Which I don’t think was until
20 2007.
21 BY MS. VINETT:
22 159. Q. Okay. Okay, and there seems to be an
23 indication by some of the witnesses that there was a
24 property worker, I don’t know who they are referring
25 to but they call it a property worker who started

JOHN TALEVSKI - 34
1 salting the area around the girl who fell.
2 A. After or before ma’am?
3 160. Q. After she fell.
4 A. After she fell?
5 161. Q. She was still on the ground is what
6 they seem to be saying here and that the worker asked
7 Karen how she was several times. Do you have any
8 knowledge, information or belief with respect to
9 whether that was you or Willis who was salting?
10 A. No ma’am.
11 162. Q. You have no information?
12 A. Willis -- Willis would never go by
13 himself or I won’t go –- it’s always the truck and the
14 pickup truck behind.
15 163. Q. So, and you have no recollection of
16 anyone falling on January 24, 2005?
17 A. No, ma’am.
18 164. Q. And Willis never told you that he saw
19 someone fall or was there when someone -- after
20 someone had fallen? No?
21 A. No, no, we always went together and
22 left together because if I needed salt, we have to go
23 and load, if he needed it -- so it’s never one guy
24 alone.
25 165. Q. And did Yorktown ever leave salt on the

JOHN TALEVSKI - 35
1 premises for the use of you know, the property
2 managers or security guards or anybody on the property
3 to be used in between times that Yorktown ---
4 A. It was never requested, ma’am.
5 166. Q. Okay, so you never did leave any there?
6 A. No, not in the premises.
7 167. Q. Do you have any information knowledge
8 or belief with respect to who may have salted the area
9 around this person when she fell?
10 A. No, ma’am.
11 168. Q. Following this incident were you
12 contacted by Arcturus to discuss the accident?
13 A. No, ma’am.
14 MS. VINETT: I don’t have a copy of these
15 but I know that there is –- I’ve seen the Environment
16 Canada, I just want to confirm your understanding of
17 what the temperature was on the day of this incident
18 and your counsel has that document.
19 MR. JACKSON: That’s fine Counsel, and
20 obviously it’s not his record so he can read it as you
21 can read it.
22 MS. VINETT: Oh okay, I didn’t –- did you --
23 -
24 MR. JACKSON: Sorry.
25 BY MS. VINETT:

JOHN TALEVSKI - 36
1 169. Q. Okay, I’ll back up then, that’s fair
2 enough. Did you obtain reports from any weather
3 service?
4 A. No, ma’am.
5 170. Q. Okay, so.
6 A. When you say weather, the only thing I
7 know when it’s in the radio, in the news, it’s going
8 to snow, what time, we get ready hours before that,
9 that’s the only source --
10 171. Q. Of -- of the.
11 A. -- that we know, yes.
12 172. Q. Okay, okay. If we could just go off
13 the record for a second.
15 BY MS. VINETT:
16 173. Q. At any time during the course of this
17 particular contract which I believe commenced on
18 August 12, 2004, did Arcturus or anyone from that
19 organization or any patrons of the Golden Mile, I say
20 patrons -- I mean tenants of the Golden Mile Plaza, if
21 they ever contacted you with any complaints or
22 concerns with respect to the service you were
23 providing for the winter maintenance?
24 A. Tenants or people that work for the
25 Golden Mile?

JOHN TALEVSKI - 37
1 174. Q. Yes, anyone affiliated with the Golden
2 Mile?
3 A. Okay, yes couple times.
4 175. Q. Who contacted you?
5 A. Mr. -- the maintenance supervisor
6 Steve.
7 176. Q. And what did -- do you know when that
8 occurred?
9 A. Can I answer this ma’am?
11 177. Q. And can you tell me what the
12 circumstances were of Steve contacting you?
13 A. Yes, one time he phoned me saying if I
14 could remove some snow from the receiving areas in the
15 back for the trucks.
16 178. Q. Okay, any other reasons for him to
17 contact you?
18 A. No.
19 179. Q. Just to confirm, you weren’t contacted
20 by anybody affiliated with Golden Mile, tenants or
21 property management or anything like that, with
22 respect to the sidewalks?
23 A. No, ma’am.
24 180. Q. Okay, what about the roadway?
25 A. No.

JOHN TALEVSKI - 38
1 181. Q. Okay, parking lot?
2 A. No.
3 182. Q. Other than of course what you already
4 told us. Are you aware of any prior accidents at
5 Golden Mile during the course of the August 12, 2004
6 contract?
7 MR. JACKSON: Don’t answer the question.
8 --- REFUSAL NO. 1
9 MS. VINETT: You can’t blame a girl for
10 trying.
11 MR. JACKSON: I don’t blame you at all for
12 trying.
13 BY MS. VINETT:
14 183. Q. Could you tell me if there was anyone
15 in particular who was overseeing the work that was
16 being done by Yorktown through Arcturus?
17 A. Yes, ma’am.
18 184. Q. Who was doing that?
19 A. That would be the manager.
20 185. Q. Okay, Debora Heath?
21 A. Yes, ma’am like I said before she used
22 be there sometime 5:00, 5:30 by the parking lot and
23 approach me, close to my truck, park beside my truck.
24 At six o’clock Steve, the maintenance supervisor in
25 charge of the operation, he will ask me if I want a

JOHN TALEVSKI - 39
1 coffee and that everything looks good and then every
2 time was a snowfall or light dusting or freezing rain,
3 they always were there, especially the manager, that’s
4 why not too many meetings in the office because I use
5 to see them in the parking lot.
6 MS. VINETT: Counsel, could I have an
7 undertaking that you would produce the names and
8 addresses of any witnesses you intend to call at trial
9 to go through the summaries of their evidence?
12 MS. VINETT: Counsel, any problems with
13 coverage with respect to the policy?
14 MR. JACKSON: No.
15 MS. VINETT: Okay, any surveillance of my
16 client?
17 MR. JACKSON: No.
18 MS. VINETT: Any experts’ reports?
19 MR. JACKSON: No, other than the reports --
20 other than the medical reports that you have provided
21 as part of the medical brief.
22 MS. VINETT: Okay. Do you have any witness
23 statements?
24 MR. JACKSON: No. I’d like to correct
25 something I indicated earlier, I told you the limit is

JOHN TALEVSKI - 40
1 for five million.
2 MS. VINETT: Yes.
3 MR. JACKSON: They’re two.
4 MS. VINETT: Other than the evidence that
5 I’ve heard from your client and what we’ve heard thus
6 far in the examinations and probably will here at
7 future examinations what evidence are you relying upon
8 to support the denial of liability?
9 MR. JACKSON: Nothing other than you’ve
10 heard so far.
11 MS. VINETT: Thank you. I believe that
12 those are my questions subject to any -- questions
13 arising from the answers to the undertakings.
14 EXAMINATION BY MR. LEFAVE:
15 186. Q. Dickie was the franchisee of the No
16 Frills store?
17 A. That’s what I’m aware of.
18 187. Q. Do you know Dickie, would you have seen
19 him?
20 A. Never met him.
21 188. Q. What do you know of him, if any?
22 A. That he’s very strict.
23 189. Q. And when ---
24 A. That ---
25 190. Q. Sorry, go ahead.

JOHN TALEVSKI - 41
1 A. He wanted to make sure that the plaza
2 and the entrance was black during the winter.
3 191. Q. Where did you learn that from if not
4 Dickie himself?
5 A. From the maintenance supervisors and
6 the two employees he hired himself to make sure all
7 the shopping carts are available, there was two all
8 the time.
9 192. Q. Those two employees that he hired to
10 deal with the shopping carts, did you ever notice them
11 with any salt?
12 A. No.
13 193. Q. Did you ever notice them do any
14 maintenance outside of the -- outside of --
15 A. For sure.
16 194. Q. -- outside of the shopping centre?
17 Okay, and when you were doing your duties, were you
18 mindful of that of Dickie’s insistence that the
19 entranceway be kept clear?
20 A. Yes, I was, because he told me if he’s
21 not happy you’re not going to get the contract.
22 195. Q. Right, you mentioned earlier that you
23 would bring eight to ten tonnes of salt to do the job,
24 yes?
25 A. Yes.

JOHN TALEVSKI - 42
1 196. Q. When Willis would go distribute the
2 salt on the sidewalk by hand, he would take from the
3 same pool of sand -- excuse me, of salt, it would
4 still come from that eight to ten tonnes?
5 A. No, no.
6 197. Q. He had a separate?
7 A. It’s just a pickup truck in the back.
8 198. Q. Right.
9 A. And he will have a spreader --
10 199. Q. Yes.
11 A. -- or a shovel.
12 200. Q. Okay, and you would follow behind him
13 when you would do sidewalks?
14 A. No, I would follow behind or he would
15 follow me from the shop to the mall.
16 201. Q. Okay.
17 A. We would drive together.
18 202. Q. Once you got there you would do your
19 thing, he would do his?
20 A. He does his own thing.
21 203. Q. Would you have an opportunity while you
22 were doing your job to physically see Willis put the
23 salt on the entranceway?
24 A. Yes, sometime -- yes, all the time
25 because I used to bring him coffees and sandwiches,

JOHN TALEVSKI - 43
1 we’ll stop have a cigarette and then we keep going.
2 204. Q. Do you have a specific recollection of
3 -- of this day watching Willis put the salt in front
4 of the entranceway? Like sitting here today do you
5 remember?
6 A. No, no.
7 205. Q. You mentioned earlier that you would go
8 through the contract and that is the snow removal
9 contract that you and Ms. Heath went through -- you
10 went through that with Ms. Heath and what sorts of
11 things would she bring to your attention or do you
12 remember?
13 A. I don’t remember.
14 206. Q. Okay.
15 A. I do remember some of the things like
16 she goes -- the most clear things that she wanted the
17 snow and the area she specified --
18 207. Q. Right.
19 A. -- I want the snow here, I don’t want
20 to close this, I knew she was very strict about that -
21 -
22 208. Q. Okay.
23 A. -- wanted the snow to be accumulated.
24 209. Q. Okay, and -- but you do remember
25 sitting down with her and going over it.

JOHN TALEVSKI - 44
1 A. Yes, yes, I do.
2 210. Q. And you do remember going back to your
3 office later and going over it with your brothers, the
4 contract?
5 A. Yes.
6 MR. LEFAVE: Okay. Counsel, earlier you
7 indicated that Arcturus and O&Y were additional
8 insureds under the policy.
9 MR. JACKSON: Yes.
10 MR. LEFAVE: And you’ve undertaken to
11 provide a copy of the declaration page, do you have a
12 copy of the declaration page?
13 MR. JACKSON: I don’t, the problem I have,
14 if I had it today I’d produce it but what they’ve sent
15 me is a dec page for a later policy period.
16 MR. LEFAVE: Okay, but you’re confident that
17 that was in place at the time?
19 BY MR. LEFAVE:
20 211. Q. Okay. You may have already answered
21 this, but you didn’t speak with any security guards
22 that day on site the day of the fall?
23 A. No, sir.
24 212. Q. Would you know if Willis did?
25 A. No.

JOHN TALEVSKI - 45
1 213. Q. You wouldn’t know?
2 A. If something happens --
3 214. Q. Yes.
4 A. -- he’s going to bring it to my
5 attention.
6 215. Q. Yes, you’re very confident that he
7 wouldn’t have spoken to them?
8 A. No.
9 216. Q. Okay. Would you --
10 A. Excuse me what time did the accident
11 happen, sir?
12 217. Q. That’s a good question.
13 A. Okay.
14 218. Q. Some -- we think at two o’clock in the
15 afternoon but there is some indication it might have
16 been in the morning around ten o’clock.
17 A. Because if it was two o’clock, there’s
18 a lot of people around there.
19 219. Q. Yes.
20 A. What was the day, like, Friday,
21 Wednesday, what was it?
22 MS. VINETT: Monday, I think.
23 THE DEPONENT: Monday.
24 MR. JACKSON: Monday.
25 THE DEPONENT: Monday is a busy day.

JOHN TALEVSKI - 46
1 BY MR. LEFAVE:
2 220. Q. Yes. Let me back up a moment. I think
3 you said that every day there is some snow or ice that
4 would fall, Ms. Heath would be there early in the
5 morning.
6 A. Always, yes.
7 221. Q. How about Steve or Slobodan, is it the
8 same man?
9 A. No, that was Steve Kotevski or
10 something like that.
11 222. Q. Okay.
12 A. He’s still working there, now.
13 223. Q. Yes, would he be there every day that -
14 --
15 A. Oh yes.
16 224. Q. Okay, and he would come slightly later
17 maybe at six o’clock in the morning?
18 A. 6:00, quarter to 6:00.
19 225. Q. And they would meet you in the parking
20 lot?
21 A. Well, first Debora.
22 226. Q. Yes.
23 A. Then she would leave --
24 227. Q. Yes.
25 A. -- and then with Steve ---

JOHN TALEVSKI - 47
1 228. Q. Yes.
2 A. -- come with his truck, minivan that he
3 lock and goes.
4 229. Q. Right.
5 A. Very good, that’s it.
6 230. Q. Did you carry any pager or cell-phone
7 with you while you worked?
8 A. Only cell-phone.
9 231. Q. Cell-phone? And did Debora and Steve
10 have that number?
11 A. Yes, they do.
12 232. Q. Other than what you’ve told us already
13 did they ever call you to come to remove snow on your
14 cell-phone? The one time you mentioned ---
15 A. Can you specify that, to remove what,
16 snow like sometimes they want snow removal?
17 233. Q. Yes.
18 A. Like you have to understand, when you
19 say remove snow, sometimes it’s extra charge if you
20 say I want the snow removed from here to here, that’s
21 -- or remove snow when it fell on the parking.
22 234. Q. That’s what I mean.
23 A. No.
24 235. Q. Okay. Did you ever receive a call on
25 your cell-phone with respect to coming back to place

JOHN TALEVSKI - 48
1 more salt?
2 A. No.
3 236. Q. Did you know that Debora and Steve had
4 an office on the premises?
5 A. Yes.
6 237. Q. You knew where that was?
7 A. Yes.
8 238. Q. And you knew if you had any problems
9 that you could go to that office and discuss things
10 with them?
11 A. Yes.
12 239. Q. Do you know if you used the entire load
13 of salt that day, that is the eight or ten tonnes of
14 salt, you would use it all before you leave?
15 A. I would use it all, yes. Sir, --
16 240. Q. Yes.
17 A. -- why wouldn’t you use it all?
18 Because if you leave it and you park the truck, the
19 salt will freeze like cement.
20 241. Q. Yes.
21 A. So, it would be really stupid for
22 anybody in the business to leave salt.
23 242. Q. Waste your salt.
24 A. No, not waste it, it becomes like
25 cement.

JOHN TALEVSKI - 49
1 243. Q. Yes.
2 A. So, you can’t use it again.
3 244. Q. Right, it’s wasted
4 A. No, you couldn’t use the truck --
5 MR. JACKSON: It would damage the truck.
6 THE DEPONENT: -- because it would freeze
7 the chains.
8 BY MR. LEFAVE:
9 245. Q. Got you.
10 A. Yes, sorry.
11 246. Q. My fault. Okay. Let’s just go off the
12 record.
14 MR. LEFAVE: Counsel, in light of the fact
15 that my client is a named insured under your policy
16 and that there is a provision at Paragraph 12 of the
17 services agreement which indicates that even in the
18 event that my client is negligence -- negligent,
19 excuse me for the duties undertaken under the contract
20 what information are you relying upon in support of
21 your cross claim against my client.
22 MR. JACKSON: The coverage that your client
23 is afforded under my principle’s policy with respect
24 to the operations of its insured Yorktown, it does not
25 cover for any conduct on the part of your client.

JOHN TALEVSKI - 50
1 MR. LEFAVE: Well that’s with respect to the
2 policy ---
3 MR. JACKSON: Yes, I’m going to get to
4 those, the second part of your question.
5 MR. LEFAVE: Sorry.
6 MR. JACKSON: The answer to the second part
7 of your question is that it is my client’s position
8 that the clause upon which your client relies in
9 attempting to exculpate its own liability or
10 negligence is unenforceable in law.
11 MR. LEFAVE: Okay, subject to any questions
12 arising from answers to undertakings, those are all my
13 questions.
14 EXAMINATION BY MR. MARTIN:
15 MR. MARTIN: What are the grounds for
16 unenforceable in law for your position?
17 MR. JACKSON: Well you can read the case law
18 as easily as I can but my position is -- my client’s
19 position is the case authorities do not support the
20 proposition that you can contract out of
21 responsibility for your own negligence.
22 BY MR. MARTIN:
23 247. Q. How many malls are you looking after
24 these days?
25 A. None.

JOHN TALEVSKI - 51
1 248. Q. Oh you got totally out of the business?
2 A. Last year was with Golden Mile, that
3 was in 2007.
4 249. Q. But prior to the accident you were in
5 the business for about 25 years.
6 A. Yes.
7 250. Q. And were you always the President of
8 the company or -- it was always that company, right --
9 A. Yes, yes.
10 251. Q. -- and you were always the president of
11 the company. Was it common that you would have a
12 number of malls going at the same time for winter
13 season?
14 A. Well, it was never too many, maybe
15 three.
16 252. Q. Right, two or three, yes.
17 A. Yes, you can’t do more than you ---
18 253. Q. Was it your understanding that in most
19 of those cases or if in all of those cases that the
20 centre would -- or that the mall would require written
21 contacts?
22 A. All the malls had different contracts.
23 254. Q. Okay, but they had written contracts or
24 something.
25 A. Yes, yes, sometime we supply our own

JOHN TALEVSKI - 52
1 contract --
2 255. Q. Okay.
3 A. -- and they will sign our contract.
4 256. Q. Right. Those are my questions.
5 MR. EDWARDS: I have no questions.
6 MR. JACKSON: Thank you gentlemen.
10 --- WHEREUPON THE EXAMINATION WAS ADJOURNED
11
12 I hereby certify that this is the
13 examination of JOHN TALEVSKI, taken before
14 me to the best of my skill and ability on
15 the 7th day of July, 2009.
16
17 ------------------------------------
18 MEGAN SELF - Court Reporter

Barber V Loblaw - John Talevski - Final (P) PDF

Enviado por

Dados do documento

Descrição original:

Título original

Direitos autorais

Formatos disponíveis

Compartilhar este documento

Compartilhar ou incorporar documento

Opções de compartilhamento

Você considera este documento útil?

Este conteúdo é inapropriado?

Direitos autorais:

Formatos disponíveis

Barber V Loblaw - John Talevski - Final (P) PDF

Enviado por

Direitos autorais:

Formatos disponíveis

Court File No.

KAREN BARBER by her Litigation guardian DEBBIE DODGE

LOBLAW COMPANIES LIMITED, YORKTOWN PROPERTY

RENEE VINETT Solicitor for the Plaintiff

PAUL E.F. MARTIN Solicitor for the Defendant

COLIN S. JACKSON Solicitor for the Defendant

MATTHEW J.M. LEFAVE Solicitor for the Defendant

T. CRAIG EDWARDS Solicitor for the Defendants

DESCRIPTION PAGE NO.

JOHN TALEVSKI; Sworn. 3

EXAMINATION BY MS. VINETT 3

EXAMINATION BY MR. LEFAVE 40

EXAMINATION BY MR. MARTIN 50

REFERENCE NO. PAGE NO.

--- UNDERTAKING NO. 1 ..................................10

--- UNDERTAKING NO. 2 ..................................28

--- UNDERTAKING NO. 3 ..................................39

REFERENCE NO. PAGE NO.

--- REFUSAL NO. 1 ......................................38

NETWORK REPORTING & MEDIATION - First Canadian Place - (416)359-0305

1 --- Upon commencing at 12:40 p.m.

2 JOHN TALEVSKI (Sworn)

3 EXAMINATION BY MS. VINETT:

4 1. Q. Okay, could you state your full name?

6 2. Q. Okay, and your last name is spelled T-

9 3. Q. Okay, and have you been sworn to tell

10 the truth today?

12 MS. VINETT: Okay, and Counsel, just

13 confirming that Mr. Talevski is here as a

14 representative of Yorktown Property Maintenance Inc.

15 and that his answers are binding on the corporation?

16 MR. JACKSON: Yes.

18 4. Q. Okay, Mr. Talevski, what is your role

19 at Yorktown. Your role, what is your position or

21 A. I’m one of the directors.

22 5. Q. Are there –- okay, are you a president?

23 Do you have an office, particular title, president?

25 6. Q. Okay. Is this –- how many directors

NETWORK REPORTING & MEDIATION - First Canadian Place - (416)359-0305

1 would there be?

3 7. Q. Three, is it a family run company?

5 8. Q. Okay, so the other directors would be -

8 9. Q. Okay. And where do you reside?

10 10. Q. And the head offices for Yorktown are

14 A. Bertrand, B-E-R-T like Tom, R-A-N-D.

15 12. Q. And what are your responsibilities with

19 A. To open the shop every day, make sure

20 the equipment is fit for the wintertime and during the

21 wintertime make sure the job is done properly.

22 14. Q. Okay, and how many –- at the time of

23 this incident, it was an accident that occurred on

24 January 24th, 2005, how many employees would you have

25 had at that time?

NETWORK REPORTING & MEDIATION - First Canadian Place - (416)359-0305

2 15. Q. And who are they?

3 A. That was Mike Talevski, Lewis Talevski,

4 myself and Willis Martin.

5 MR. EDWARDS: What was that last name,

7 THE DEPONENT: Martin.

9 16. Q. Okay, so Mike and Lewis, I take it, are

11 A. Um-hmm. That’s correct.

12 17. Q. And in particular which one of these