Court File No.

: CV-09-37763A ONTARIO SUPERIOR COURT OF JUSTICE

B E T W E E N: IMELDA JACILDO Plaintiff - and MEHMET AKYOL, DOGAN AYGON and BENIM CONTRACTING Defendants -------------------------------------------------------This is the Examination for Discovery of MEHMET AKYOL, a Defendant herein, taken at the offices of Network North Reporting & Mediation, 25 Sheppard Avenue West, Suite 1200, Toronto, Ontario, on the 27th day of June, 2012. -------------------------------------------------------A P P E A R A N C E S: JOY E. STOTHERS BRUCE CHAMBERS KADRIYE ABUSEYF Solicitor for the Plaintiff Solicitor for the Defendants Turkish Interpreter

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MEHMET AKYOL, through Interpreter, Affirmed .............3 KADRIYE ABUSEYF, Turkish Interpreter, Affirmed ..........3 EXAMINATION BY MS. STOTHERS: ............................3

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--- UNDERTAKING NO. 1 ..................................14 --- UNDERTAKING NO. 2 ..................................14

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MEHMET AKYOL - 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6. 5. 4. 3. 2. 1. --- UPON COMMENCING AT 2:02 P.M. MEHMET AKYOL, through Interpreter, Affirmed KADRIYE ABUSEYF, Turkish Interpreter, Affirmed EXAMINATION BY MS. STOTHERS: Q. A. Q. Good afternoon, Mr. Akyol. (without Interpreter) Good afternoon. Hi. Were here today about an accident

that happened in December of 2007; youre aware of that, right? A. Q. bit of English? A. Q. (without Interpreter) Yeah. It works a lot better if you wait for (No verbal response) I understand you understand a little

the translation to happen and then translate, unless you dont need someone to translate for you? A. (without Interpreter) Okay, maam. I

going to wait for her and shes going to explain me and then I can answer. Q. Otherwise, you get her talking and you

talking and me talking at the same time and it gets all messy. A. Q. (without Interpreter) Okay, maam. I have your Alberta drivers licence

here by way of identification and it is drivers

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MEHMET AKYOL - 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 12. with that? A. Im okay. 11. 10. 2012. Q. A. Q. Since the beginning of 2012? (without Interpreter) Yes. Perhaps what we can do is, if it is 9. address? A. (without Interpreter) The beginning of 8. 7. licence number 156887-787. It lists your date of

birth as December 30, 1976; is that right? A. Q. Yes. It says that you currently live at

1809 Garnett Way Northwest? A. Q. A. Q. (without Interpreter) Yes. Thats in Edmonton? (without Interpreter) In Edmonton. How long have you been living at that

something that you do understand and your counsels comfortable, you can answer in English, but if you need help you can get the help of the translator, because youre jumping in in English right away. MR. CHAMBERS: I think its better if Mehmet

doesnt talk to anybody except the Interpreter. BY MS. STOTHERS: Q. Okay, thats fine with me. Youre okay

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MEHMET AKYOL - 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17. Ontario? A. Yes. Turkish. THE DEPONENT: years we lived there. BY MS. STOTHERS: Q. Before that, were you living in Three and a half to four 16. address? A. (without Interpreter) Around --Mehmet, just speak in 15. 14. 13. Q. So, youve been living at the 1809

Garnett Way Northwest address since the beginning of 2012, is that right? A. (without Interpreter) Yes. Its okay. Sorry.

THE INTERPRETER: BY MS. STOTHERS: Q. A. Q.

Where were you living before then? In Edmonton again. What was the address there in Edmonton

where you were living before? A. Okay, new address, 203F-6315 172nd

Street Northwest, Alberta. A. (without Interpreter) The postal code,

T5T, I believe -- I dont remember the last. Q. How long were you living at that

MR. CHAMBERS:

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MEHMET AKYOL - 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 27. 26. 25. 24. 23. 22. 21. Aygon? A. Q. A. Q. A. We are not related. You dont know anybody by that name? Yes, I know him. How do you know him? We work together here. I was working 20. 19. 18. Q. A. Q. A. Where were you living in Ontario? Last address was 2111 Dufferin Street. Is that an apartment? (without Interpreter) A house. Turkish. House.

MR. CHAMBERS:

THE INTERPRETER: BY MS. STOTHERS: Q. A. Q.

Thats Dufferin and where? Dufferin and Rogers, close to Eglinton. What is your relationship to Dogan

for him while in here. Q. A. Q. Contracting? A. Q. A. Q. Yes. How long had you worked for Dogan? About two years. Your job was to do stucco? What type of work were you doing? Stucco. Was Dogan Aygon the owner of Benim

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MEHMET AKYOL - 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 34. 33. north. Q. Were you in the process of making a 32. 31. 30. 29. 28. and forth. Q. The date that this accident happened, A. No, I was driving some materials back

what were you driving? A. Q. A. Q. A. A Dodge Ram 1500. What type of vehicle is that? Its a truck. Is it a van or a pick-up? Pick-up. Same in Turkish anyway.

THE INTERPRETER: THE DEPONENT: BY MS. STOTHERS: Q. A. and Wilson. Q. A.

Yeah, the same.

Where were you on your way to? On Keele; intersection is Wilson, Keele I was northbound. Where had you been coming from? I came from Wilson, turned to Keele to

delivery at that time? A. Yes, there was some materials that I was delivering it.

belonged to work in the truck. Q.

Where was your final destination where

you were delivering the materials? A. I dont recall right now.

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MEHMET AKYOL - 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 42. 41. 40. 39. alone. Q. Did you have a specific time that you 38. 37. 36. that time? A. Q. A. Q. I dont recall very well that either. Were the roads dry? I dont remember. Were you alone in the pick-up truck 35. Q. A. Q. What time of day did this happen? Noon, noon-time. What was the weather condition like at

when the accident happened? A. Im not so sure, but I believe I was

were expected to be at the job site? A. Q. regular basis? A. Most of the time, I was using that No, I was not in hurry. Did you drive the Dodge Ram on a

truck to deliver materials three times a week. Q. I understand this happened near the Do you have a feeling as far

intersection of Wilson.

as how close you were to the intersection when it happened? A. I believe we were 100 to 150 metres

past the intersection. Q. You turned from westbound Wilson and

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MEHMET AKYOL - 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 47. 46. 45. 44. 43. made a right turn to northbound Keele; is that right? A. Q. Yeah. What was the condition of the light

facing you when you made your right turn at Wilson? A. I dont remember the light, but as long

as I know I obeyed the rules and the traffic was available for a turn. Q. turning also? A. front of me. Q. A. Q. Do you remember the colour of that car? (without Interpreter) No. When you first saw the other car Yes, another car made a right turn in Was there any traffic ahead of you

involved in the collision, where was it? A. I have never seen or noticed that car

until the moment of the collision. Q. Where was the Dodge Ram when the

collision happened? A. The road goes northbound, is two lanes; I signalled for a lane change to

I was at right lane.

the left and the car in front of me was trying to do the same; it was signalling to change the lane like me. I dont know what was it, but because the traffic

slowed down, there was some kind of obstacle, a car --

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MEHMET AKYOL - 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 50. 49. 48. a bus or something, I dont know what was it, but on the road, thats why everybody was trying to change their lane to the left. The car in front of me made a After I give a

successful change to the left lane.

signal, I swerved the wheel and the front of the nose of my truck was almost at the left lane. Q. A. Sorry, it was almost at the left lane? In that moment, that car that I never The

noticed that it was there before, we collided. passenger side headlights and my driver side headlights, they collided.

Because my car was higher,

so my lamp was not damaged, but it just --A. A. (without Interpreter) Scratched. Scratched. Turkish. (without Interpreter) Sorry.

MR. CHAMBERS: THE DEPONENT: BY MS. STOTHERS: Q. A.

Then what happened? I get out of my car. I did go to the

other car; it was a lady driver.

I opened the door

and I looked at her and ask her, How do you feel? How are you? and I called 911. Q. A. Why did you call 911? It was an accident. There was some

blood on her mouth.

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MEHMET AKYOL - 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 55. 54. 53. 52. 51. Q. Before you went over to the other car,

you stopped the Dodge, right? A. Q. I left it as it is. After the impact itself, did your

vehicle travel any further? A. Just it was shifted a little bit, the

nose of the car; because of the impact, it just turned to the other direction a little. Q. Youre in the process of making a lane

change to your left and the impact shifted you back to the right, is that what Im hearing? A. Yes. The time of the impact, my car

was right in the middle of, you know, the separation lines -- the line that separates two lane, I was just right on it. Q. I was going to get there, so thank you.

You were basically straddling half of your car in the left lane and half of your car in the right lane at the time of the impact? A. Q. (without Interpreter) Yeah. Then you went over to the car and then

told me about seeing blood on her face and calling 911. When you say that, youre referring to the

driver of the other vehicle, is that right? A. Yes, thats the driver of the other

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MEHMET AKYOL - 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 59. 58. 57. 56. car. I didnt get hurt at all; there was nothing I was concerned about her, if she

wrong with me.

needed help, so I tried to help her. Q. I think this was a fairly new vehicle

at the time this happened here; the Dodge was a 2007 Dodge. Were you familiar with its mechanical

condition at all? A. No problems at all, zero kilometres,

good car, new -- brand new car. Q. I have some photos that were part of

your Affidavit of Documents and I understand that they are photos of the Dodge Ram. you at all? A. Q. Yes. The damage looks to be to the rear of Do they look familiar to

the left front wheel; is that your understanding of where the damage was to the Dodge? A. damaged too. Q. When I look at the photographs, it Even the chip (ph) of the tire might be

appears to me that if youre saying that the point of impact was to the left front area of the Dodge that it would start in the area of the left front tire and go backwards, is that right? A. Yeah, at the time of impact, after the

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MEHMET AKYOL - 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 65. 64. 63. happened? A. Q. here today? A. Q. A. Yes, I said all, everything. Were there any charges laid? No ticket, nothing. Counsel, I would like an Yes. Did you tell them what youve told me 62. accident. 61. 60. first touch, the car kind of scratched my car backward; after the first hit, the scratch moved backwards. Q. What Im pointing out is that I dont

see any damage to the left front corner of the Dodge. The damage seems to start around the left front tire of the Dodge, is that right? A. Yes, wherever this tire starts and it

goes back, towards the back. Q. A. Q. Backwards from the left front tire? (without Interpreter) Yeah. Perfect. The police investigated this

Did they speak to you at all? A. Q. Yes, they spoke to me. They got your statement about what

MS. STOTHERS:

undertaking for copies of original colour photographs of the damage, please?

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MEHMET AKYOL - 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 66. liability? MR. CHAMBERS: BY MS. STOTHERS: Q. How long have you been driving in $1,000,000.00. MR. CHAMBERS: --- UNDERTAKING NO. 1 MS. STOTHERS: I would also like an Yes.

undertaking for the cooperation of your client in the Freedom of Information request to obtain police records? MR. CHAMBERS: --- UNDERTAKING NO. 2 MS. STOTHERS: What is your limit of Okay.

Ontario before the accident happened? A. I arrived Canada in 2002 and I was

driving since 2003. MS. STOTHERS: give me a summary? MR. CHAMBERS: Yes. Theres two reports. The Surveillance first; can you

Theyre both from Mantis Investigation Agency. first report is dated November 17, 2008.

Surveillance

was conducted on Saturday, August the 30th, 2008, but your client was not observed. Then on September 13th,

2008, surveillance was conducted and your client was not observed. On August the 20th, 2008 ---

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MEHMET AKYOL - 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE INTERPRETER: MR. CHAMBERS: What date again, sorry?

October 20th, a person

believed to be your client exited the front door of a house at 196 Goulding Avenue in North York, G-O-U-L-DI-N-G. At 8:37 a.m., this is on October 20th, 2008,

she walked out the front door, down the steps, got into a Dodge Caravan, and backed out of the driveway. At 8:54 a.m., she drove into the parking lot at Keele and Finch Plaza and went into 1280 Finch Avenue, took the elevator to the seventh floor, and entered the offices of VPI Employment and Career Development at suite 702. She was there until 11:10 a.m. when she

went back to her vehicle, dropped off something, and went to a restaurant called Viet Huong, V-I-E-T, H-UO-N-G, and had lunch. Then at 11:30 she left the

restaurant, got in her car and drove home, getting there at 11:45 a.m., and went into her house. Then at

11:59 a.m., she left the house and drove to Jubilee Square, the northwest corner of West Beaver Creek and Highway 7. she drove. She was seen talking on a cell phone as She then walked through the mall, out the

other side, across a parking lot, and into a building near the Sheraton Hotel and entered the offices of VPI. She was there until 2:35 p.m. when she left the

building, walked across the parking lot, through the

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MEHMET AKYOL - 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 mall, back to her car, drove away talking on her cell phone again, and she was home by 3:23 p.m. Surveillance was conducted on October 22nd, 2008, but your client was not observed. report. MS. STOTHERS: MR. CHAMBERS: Okay. The second report is dated On June 1st, 2009, Thats the first

June 16, 2009, also by Mantis. surveillance was conducted.

She was believed to be

seen opening her front door and getting the mail at 10:13 and she left again at 12:20 p.m., got in a vehicle, and drove away. She went to 2180 Steeles

Avenue, parked, and went in the front door of a place called PMP Workers Action Centre. 12:45. She got there at She left the She

She was there until 3:05 p.m.

building for ten minutes and then went back in. emerged again at 4:27 p.m., got into her car, and drove home, getting there at 4:51 p.m.

On Tuesday,

June the 2nd, 2009, she went and got the mail again at 10:28; was not seen doing anything else that day. On

Friday, June the 5th, 2009, she got the mail again at 10:26 in the morning, left her house at 1:56 p.m., got in her car, and drove to the Concordia Business Square at 2180 Steeles Avenue and went into PMP Workers Action Centre; thats at 2:12 p.m. She was there

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MEHMET AKYOL - 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 70. 69. 68. 67. until 4:18 p.m. She left the building and drove home, Thats all the surveillance

arriving at 4:31 p.m. lists. MS. STOTHERS:

Do you have any other

statements from anybody else besides your client? MR. CHAMBERS: No. I got a statement from

the owner, as well, of the vehicle. MS. STOTHERS: over that statement? MR. CHAMBERS: BY MS. STOTHERS: Q. At the time of this accident, you had a Yes. Are you claiming privilege

cell phone with you? A. Q. Yes. Were you on the cell phone at the time

of the accident? A. Q. (without Interpreter) No. In the 24 hours before the accident,

had you had any alcohol use? A. Q. No. What about any other type of drugs,

prescription or otherwise, in the 24 hours before the accident? A. No, I even dont smoke or drink coffee.

I dont use anything thats harmful to me.

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MEHMET AKYOL - 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Reproductions of this transcript are in direct violation of O.R. 587/91 Administration of Justice Act January 1, 1990, and are not certified without the original signature of the Court Reporter -----------------------------------------Kaleigh Nusbaum - Court Reporter I hereby certify that this is the --- WHEREUPON THE EXAMINATION WAS ADJOURNED AT 2:34 P.M. MS. STOTHERS: questions today. Thank you, those are my

examination of MEHMET AKYOL, taken before me to the best of my skill and ability on the 27th day of June, 2012.

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