Front Page News: Court brings back two original owners
Ontario Court Wants To Let G98.7 Groove The Way It Used To
By Stephen Weir
On air G 98.7 has
been “Groovin” just fine since the death of Fitzroy Gordon eight months ago. But, in the boardroom and the courts, there
are serious ruts in those grooves following the passing of the founder and
boss.
Last Thursday the
fate of the station that bills itself as
“The Way We Groove” was once again in front of an Ontario Supreme Court
Justice. At stake was the ownership of the station, the ownership of the estate
of the late Mr. Gordon and the settling of the management team to handle the
Kern Street station’s crushing debt.
The case is not
closed yet, however, last week the Ontario Supreme Court of Justice issued a partial
decision that settles who is exactly in charge of the beloved Caribbean
Canadian FM Station.
Although the
Caribbean Camera has not seen Thursday’s direction, the paper has learned that
control of the G-97.5 is now in the hands of two people, Gordon’s
widow, Marvette Powell and accountant Delford
Blythe, the station’s former chief financial officer and a minority
shareholder.
Not part of the
court ordered management team is long-time employee Alicia Wright-DaCosta, who
has been the "chief operating officer" for the past two years following Gordon’s
stroke and subsequent death. She is still with the station and now is an employee apparently reporting to Powell and Blythe
The legal issues really started back in 2016 when Delford Blythe, a co-founder of the station, a shareholder and Chief Financial Officer was removed from the company by Fitzroy Gordon.
Blythe said at the time that the two friends had clashed over his concern of the station's mounting debt (he estimated at a million dollars) and possible misdirection of the station's online advertising revenue.
That court action was point on hold when Gordon took ill.
A month or so after Gordon passed this April Delford Blythe, once again took the station to court because of those same concerns that the creditors were about to shut the station down.
Blythe said at the time that the two friends had clashed over his concern of the station's mounting debt (he estimated at a million dollars) and possible misdirection of the station's online advertising revenue.
That court action was point on hold when Gordon took ill.
A month or so after Gordon passed this April Delford Blythe, once again took the station to court because of those same concerns that the creditors were about to shut the station down.
The
Insolvency Insider news-site reported that Gordon’s Intercity Broadcasting
Network, the company that operates radio station G98.7 “was placed in
investigative receivership on June 3 on application by Delford Blythe (and his
company Jamrock Broadcasting)”.
Mr. Blythe was quoted as saying that the station is in serious financial difficulties owing “more than $200,000 to the Canada Revenue Agency; $183,000 to the Canadian Radio-television and Telecommunications Commission, the federal regulator; and additional sums of more than $165,000 to creditors who have received judgments against the station.”
All of the people involved in the suit – the widow, the former friend, his sons and Alicia Wright-DaCosta, the woman he named CEO – were back in court in late September.
At that hearing the court learned that the owners of Fitzroy Gordon’s estate have yet to be determined. In the meantime, according to Justice J. Dietrich “Mr. Gordon’s widow, Marvette Powell, is now the Executrix and Trustee, and the sole beneficiary, of one of Mr. Gordon’s wills “(he had at least two).
“However,” Justice Dietrich writes, “his two sons from a prior marriage, Korey Gordon and Andrew Gordon, have filed a notice of objection”. The pair is challenging “their late father’s last wills, alleging that he lacked testamentary capacity when he made them and that they were procured by undue influence.”
There are also claims that Wright-DaCosta was never formally appointed by Gordon to fill his chair. None of the company’s business minutes mention her promotion to the post of Chief Operating Officer. In September Mr. Gordon’s widow said she supported Ms. Wright-DaCosta’s ongoing involvement in the management of G-98.7 in tandem with oversight by the receiver.
In court last week both Marvette Powell and Delford Blythe agreed that the station is facing extreme financial challenges. Now with two of the original owners back in charge, their focus is to get their finances in order.
Last week’s ruling is being unpacked by the many lawyers involved in the case. Yesterday the station staff was to meet with Marvette Powell and Delford Blythe and learn about the immediate future of the station.
Mr. Blythe was quoted as saying that the station is in serious financial difficulties owing “more than $200,000 to the Canada Revenue Agency; $183,000 to the Canadian Radio-television and Telecommunications Commission, the federal regulator; and additional sums of more than $165,000 to creditors who have received judgments against the station.”
All of the people involved in the suit – the widow, the former friend, his sons and Alicia Wright-DaCosta, the woman he named CEO – were back in court in late September.
At that hearing the court learned that the owners of Fitzroy Gordon’s estate have yet to be determined. In the meantime, according to Justice J. Dietrich “Mr. Gordon’s widow, Marvette Powell, is now the Executrix and Trustee, and the sole beneficiary, of one of Mr. Gordon’s wills “(he had at least two).
“However,” Justice Dietrich writes, “his two sons from a prior marriage, Korey Gordon and Andrew Gordon, have filed a notice of objection”. The pair is challenging “their late father’s last wills, alleging that he lacked testamentary capacity when he made them and that they were procured by undue influence.”
There are also claims that Wright-DaCosta was never formally appointed by Gordon to fill his chair. None of the company’s business minutes mention her promotion to the post of Chief Operating Officer. In September Mr. Gordon’s widow said she supported Ms. Wright-DaCosta’s ongoing involvement in the management of G-98.7 in tandem with oversight by the receiver.
In court last week both Marvette Powell and Delford Blythe agreed that the station is facing extreme financial challenges. Now with two of the original owners back in charge, their focus is to get their finances in order.
Last week’s ruling is being unpacked by the many lawyers involved in the case. Yesterday the station staff was to meet with Marvette Powell and Delford Blythe and learn about the immediate future of the station.
Everyone involved will be back in a Toronto courtroom later this month to settle the remaining outstanding issues. There is a lot to be cleared up before G-98.7
will be the place where not just the listeners groove.
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