Our Story

23 A Yes.

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15 532 Q Okay.

16 A I gave him my personal cheque.

17 533 Q Did he request anything other than that?

18 A No.

19 534 Q Did he tell you that might not be valid tender?

20 A No.

21 535 Q So he just said, we need a thousand dollar deposit,

22 and he took it from you?

23 A Yes.

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13 609 Q Okay. So you’re sure he never mentioned anything

14 about deposits to you?

15 A I can’t say I’m sure.

16 610 Q Well, wouldn’t that be something you’d remember, the

17 person says, I don’t —

18 A If — you know, if the deposits came up, I would have

19 had these things in my possession just like I have

20 them today.

21 611 Q Right. Well, the only thing is, we’re two years late

22 now; right? We’ve asked for these documents a while

23 ago.

24 A You know, is that my responsibility? I think it’s

25 the Garniers’ responsibility to find out whether

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1 they’re — been put in trust.

2 612 Q So — but my question to you is, did Mr. Hunter ever

3 mention that to you prior to the closing?

4 A About what?

5 613 Q The fact that the Garniers wanted proof that the

6 deposits were made.

7 A I don’t recall that.

8 614 Q Is it possible you did?

9 A It’s possible.

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19 757 Q Why wouldn’t you give them a photocopy?

20 A I cannot comment on that. I don’t know.

21 758 Q Why did you not give that — those documents to your

22 counsel when all relevant documents were to be

23 disclosed?

24 A I was never asked for them.

Ms.Hundley’s Examination for Discovery transcripts. February 26, 2009

Page 106

3 760 Q Did you read the statement of defence in this matter?

4 Have you ever seen that? It’s says that —

5 A Has that been put forth to me?

6 MR. MCKENDRICK: I assume it has sometime ago.

7 THE WITNESS: Yeah.