Schedule “A”

in the matter of the estate of allen franklin jefferson, deceased

notice to potential creditors

On August 8, 2022, the Ontario Superior Court of Justice, in Court File No. CV-22-00681096-00ES, issued an order (the “Order”) directing the Estate Trustees of the Estate of Allen Franklin Jefferson (the “Estate”) to solicit proofs of claim in accordance with section 57(2) of the Trustee Act, R.S.O. 1990, c. T.23 (the “Act”) from potential creditors of the Estate (the “Potential Creditors”), for the purpose of determining the quantum, nature, and proprieties of the claims of the Potential Creditors (the “Claim(s)”).

Any creditor having a Claim against the Estate, with the exception of:

  1. The funeral, testamentary and administration expenses of the Estate, which may include, but is not limited to:
    1. Funeral, memorial, cremation and other expenses,
    2. Estate Trustee compensation,
    3. Professional fees and disbursements of the lawyers, accountants, appraisers, experts and other professionals retained by the Estate Trustees, and
    4. Expenses related to the maintenance or sale of any part of the Estate; and
  2. Such other claims which are excluded pursuant to an order of the Court;

arising against the Estate of any nature whatsoever, including any unsecured, secured, proprietary, contingent, or unliquidated Claim, is required to file, in the manner set out in this Notice to Potential Creditors, a Proof of Claim in the approved form with Pallett Valo LLP, in order to participate in any settlement of the Estate.

The Proof of Claim form can be obtained by contacting Pallett Valo LLP by phone at 905-273-3022 or by email at jporter@pallettvalo.com.

Any potential creditor who chooses to file a Proof of Claim is required to provide all documentation they may have to support their Claim against the Estate, such as contracts, agreements, court pleadings, court orders, invoices, bank transfers, cheques, invoices, in relation to any goods or services provided, orders obtained, and amounts owed.

Any potential creditor who is or may be a secured creditor shall be required to include in their Proof of Claim, in addition to the documentation mentioned above, a statement of whether security is held for such secured creditor, and to give full particulars of such security, and to place a specified value on such security.

If any potential secured creditor fails to value any security held by the potential creditor on or before October 31, 2022, the Estate may apply to the Superior Court of Justice for an order that unless a specified value is placed on such security and notified in writing to the personal representative, within a time to be limited by the order, such claimant, in respect of the claim or the part thereof for which security is held, is wholly barred of any right to share in the proceeds of the Estate unless the judge upon the application of the creditor extends the time for the valuation of the security.

All Proof of Claim forms, together with the required supporting documentation, must be sent to Pallett Valo LLP to the attention of Jesse Porter by email (jporter@pallettvalo.com), or by registered mail to 77 City Centre Drive, Suite 300, Mississauga, Ontario L5B 1M5 on or before 5:00 p.m. Eastern Standard Time on October 1, 2022 (“Claims Bar Date”).

With respect all Claims except:

  1. The unliquidated contested claims in the matter of Letovsky v. Jefferson, Court File No. FS-11-365882; and
  2. The unliquidated contested claims in the matter of Testani v. Jefferson Estate, Court File No. CV-21-006670094.

the Estate will in turn provide to the potential creditor a notice in writing within 30 days of receipt of the Proof of Claim as to whether their Claim is accepted or disputed in whole or in part, and indicating the reason for the dispute pursuant to a Notice of Revision or Disallowance in the form as approved by the Superior Court of Justice pursuant to the Order.

Where a potential creditor objects to a Notice of Revision or Disallowance, the potential creditor shall notify the Estate of its objection in writing (the “Dispute Notice”) by registered mail or electronic email within 14 days from the date the Notice was received.

The Estate will attempt to consensually resolve disputes with respect to any claim. If the dispute cannot be resolved the Estate may bring a motion before the Court in Court File No. CV-22-00681096-00ES for the determination of the claim, failing which, the potential creditor may bring a motion before the Court for a determination.

A creditor that does not provide to the Estate a Dispute Notice to a Notice of Revision or Disallowance issued by the Estate shall, unless otherwise ordered by the Court, be conclusively deemed to have accepted the assessment of its Claim as set out in such Notice of Revision or Disallowance.

(155-P164)