TORONTO, July 31 /CNW/ - DXStorm.com Inc. (TSX Venture Exchange: DXX)
("DXStorm") today filed a Motion in the Superior Court of Justice in Toronto
in The TDL Group Corp. v. DXStorm.com and Zoran Popovic seeking an order
dismissing the statement of claim of The TDL Group Corp., the licensing
subsidiary of Tim Horton's Inc. ("TDL"), and the defence to the counterclaim
of TDL and Gordon Phillips for their failure to serve an affidavit of
documents (hereinafter called the "Motion").
On February 7, 2007, TDL commenced legal proceedings against DXStorm and
its principal, Zoran Popovic ("Popovic"), seeking the amount of
$12,000,000.00, an amount which TDL contends continues to accrue.
In response, DXStorm filed a defence and counterclaim against TDL and its
employee, Gordon Phillips, claiming damages in the amount of $63,670,612.00,
special damages in the amount of $2,436,979.00 and aggravated and punitive
damages in the sum of $1,500,000.00.
The Motion alleges that TDL is attempting to unnecessarily delay the
litigation and that DXStorm and Popovic have suffered prejudice as a result of
The Motion also seeks alternative forms of relief including:
1. an order suspending or revoking TDL and Phillips' right to initiate or
continue an examination for discovery of DXStorm and Popovic;
2. an order compelling the TDL and Phillips to deliver their affidavits
of documents to DXStorm and Popovic on or before August 14, 2008.
3. an order compelling Mr. Paul House (then) CEO and President of TDL
to attend examinations for discovery on a date no later than
September 30, 2008 on behalf of TDL;
4. an order compelling Phillips to attend his examination for discovery
on a date no later than September 30, 2008.
The Motion is returnable before the Superior Court in Toronto on August
About DXStorm.com :
DXStorm is an E-Business Service Provider and Developer.
DXStorm provides Internet based solutions to businesses from turnkey
e-store solutions for small business to custom developed and implemented Web,
database, network, security, and transaction systems for any enterprise.
The TSX and the TSX Venture Exchange have neither approved nor
disapproved the contents of this release.
For further information:
For further information: Media contacts: DXStorm.com - Zoran Popovic,
(905) 842-8262 x 252, Zoran@DXStorm.com