Mr. Hawa, counsel for Sandra Elsley, is not having a good time here:

477 Q. Just -- I am going to read an e-mail.

MS. KIS: Pardon, counsel, is this an

e-mail that is found in any of the records?

MR. HAWA: In any of which records?

MS. KIS: One of the four that you filed

or either of ours?

MR. HAWA: No.

MS. KIS: Is it a new document that you



John Bordynuik - 90




said you would not be putting to my client?

MR. HAWA: It is equivalent to that

medical report that you stole and surprised us with

yesterday.

MS. KIS: Is there an allegation of

theft now, counsel?

MR. HAWA: The medical report was taken

right off a computer, and it didn't belong to you to

bring to the agreement -- to the --

MS. KIS: Counsel, are you giving

evidence now on the record?

MR. HAWA: Anyway, I am going to read an

e-mail.

MS. KIS: Well, I think what you need to

do, counsel, is tell me which of these newly produced

e-mails you are going to put to Mr. Bordynuik so I can

decide whether one of these documents are appropriate to

put to him given the position that I put on the record

at the beginning of these examinations.

BY MR. HAWA:

478 Q. You will acknowledge that it said it

doesn't accept that they were loans from the company?

A. Pardon?

479 Q. Sandra didn't really accept them as

loans, did she?



John Bordynuik - 91




A. Yes, she did. She signed them as such

and she received the money on the same day that she

signed those loans and she did them with Steve Doede and

Brian Sebrun. Our I.T. guy actually witnessed them.

480 Q. But she was not being paid for all her

services?

A. Yes, she was. She was paid in 2008 when

she took these loans. She look them in 2008.

481 Q. Prior to that, she was not paid. She

was given credit for that?

A. No. Well, she was in stock, I guess you

could say. The 13%, she went from 1 to 13.

482 Q. Now, this is an e-mail from John

Bordynuik to Sandra dated December 12th. I sent you a

copy of that?

MS. KIS: Is this the bundle of e-mails

you would have sent me at 11:26 p.m. last night?

MR. HAWA: Yes, the bigger one.

MS. KIS: The bigger bundle of the 93

pages, um --

MR. HAWA: You asked for it.

MS. KIS: Counsel, you have an

obligation to produce these as part of your initial

record. You've had them in your possession.

MR. HAWA: No, I have an obligation to



John Bordynuik - 92




produce them as part of our Affidavit of Documents not

as far as this motion is concerned.

MS. KIS: That's right. That is why I

am objecting to asking questions with respect to them.

MR. HAWA: This is a document that I

want to put to Mr. Bordynuik and --

MS. KIS: What is the document, counsel?

MR. HAWA: You can have a look at it and

object to it if you wish. It's an e-mail dated

December 12th. It's about three or four pages in. If

you, I think that you have it there. Do you have it

there?

MS. KIS: It's, "Hi, Sandra, attached

are the agreements."

MR. HAWA: Yes.

MS. KIS: Counsel, this is in our

record.

MR. HAWA: This is in your record?

MS. KIS: Yes. Why don't we reference

the record.

MR. HAWA: All right. The

supplementary?

MS. KIS: Yes. I think it's tab H,

counsel.

MR. HAWA: Okay. Referencing at tab H,



John Bordynuik - 93




of the supplementary responding motion record. E-mail

from John Bordynuik, supplementary motion record, sorry,

of the defendant. E-mail from John Bordynuik to Sandra

dated December 12th, 2008.

"Hi, Sandra, attached are the

agreements. They are quite straightforward. Mutual

non-disparagement, confidentiality, and no more nonsense

on consolidated loan agreements and amounts, since it

looks bad."

What does that mean "since it looks

bad"?

A. The problem that we had at that time

that we didn't know was that loans made to an officer of

the company, prohibits the company from going public

where it creates a lot of problems because of Enron and

Worldcom would give loans to their executives and do

exactly what you were insinuating, trying to "forgive

them or get rid of them." That's not allowed under the

SCC. So what I was attempting to do there was actually

purchase the loans myself through the sale of my own

stock, and then she would owe me the money instead of

the company. It was a significant problem brought to my

attention in December. I went, crap, this is a big

problem. We didn't know about it.

483 Q. "If I can purchase them from the



John Bordynuik - 94




company" and why did you put that in quotation marks

"then I will" purchase the loans from the company?

A. If I can, to get them off the damn books

so that it doesn't prohibit us from going public.

484 Q. Well, you don't really mean purchase

because --

A. Well, because I am purchasing them from

the company, but it's -- that's something I'd have to

do. I would have to actually sell some of my shares,

purchase the loans from the company at face value, and

then I would own the loans.

485 Q. And then you would own the loans and you

would be collecting from her?

A. Yes.

486 Q. But in a sense -- because that's an

honest to goodness purchase, isn't it, if you did

purchase them from the company?

A. I am calling them purchase. It's a

related shareholder purchase. I think it's called an

arm's length transaction or something like that. It

still shows up. It's not as bad, at least, at least the

loan has been paid to the company so it's not

outstanding as far as the company goes and as far as the

public filing goes. It would be the same as if when

Kenneth Lay at Enron borrowed a bunch of money, if



John Bordynuik - 95




someone paid those loans off of the company and took

them personally, the shareholders of the company then

wouldn't have that loan overhanging.

487 Q. Did you have a bank account in 2007,

2008 while you were living with Sandra Elsley, personal?

A. Yes.

488 Q. Did you have any money in the bank

account?

A. Yes.

489 Q. Were you paying any of your ongoing

expenses from that bank account?

A. Yes, I was, all of them. I had

insurance. I had all kinds of things.

490 Q. Sandra Elsley was not financing all of

your lifestyle and your children?

A. Absolutely not.

MR. HAWA: Could you provide me with a

copy of your bank statements at the time.

MS. KIS: I'll take it under advisement.

-- UNDER ADVISEMENT

BY MR. HAWA:

491 Q. 2007, 2008, while you were living with

Sandra Elsley, did you have one personal account?

MS. KIS: Counsel, I don't think this

line of questioning is relevant. I'll take it under



John Bordynuik - 96




advisement.

-- UNDER ADVISEMENT

492 Q. How many accounts did you have?

MS. KIS: I refuse it.

-- REFUSAL

BY MR. HAWA:

493 Q. Did you have any personal accounts?

MS. KIS: Well, he answered the

question.

A. Yes, of course.

MR. HAWA: So you are taking it under

advisement whether to provide me with a copy of that

account in 2007 and 2008 while you were living with

Sandra Elsley?

A. Yes.

-- UNDER ADVISEMENT

BY MR. HAWA:

494 Q. Did the $80,000 you paid to Nicole

Wright come from your personal bank account as well?

A. Yes, it came from a wire transferred

from my personal bank account, and I produced that in my

Affidavit of Documents with the purchase agreement

actually.

MR. HAWA: Is it in your materials?

MS. KIS: I don't think so.



John Bordynuik - 97




MR. HAWA: So it will be provided in

your Affidavit of Documents?

A. Oh, absolutely. The purchase agreement

with Nicole and proof to the lawyer. I had to provide

it anyway.

495 Q. It came from your personal bank account?

A. Yes, it did.

496 Q. With which institution?

MS. KIS: You will see the document when

you see it, counsel. Why is that relevant?

MR. HAWA: Will you undertake to provide

that for this examination?

MS. KIS: Yes.

EVERYONE, read the full deposition please.