357, 381 (App.Div.2007), rev'd on other grounds, 196 N.J. 502 (2008), held that the appropriate valuation date in the event of dissociation is the date of the dissociation itself. The 4-Year MD program can be completed in 3 years and 4 months. The schools' campus is in Roseau, Dominica, and is administered from Toronto, Ontario.. He concluded that the LLC had no positive value as of July 31, 2008, the stipulated date of valuation. See, e.g., Paternoster v. Shuster, 296 N.J.Super. Budget must be prepared at least six weeks prior to commencement of a new semester. Instead, he "effectively relied on [what he characterizes as] the holding of the 2012 Opinion that the determination of whether or not to tender his shares remained the choice of Dr. They have campus in Dominica and St Vincent. In September or October 2005, the enforcement branch of the Aruba immigration department entered All Saints with armed officials and detained several of its students. I want to thank the teachers at All Saints University, who helped in getting me to where Im at. In that agreement, the government agreed to issue residency permits to the students and faculty at All Saints. The enforceability of this agreement is unclear. (emphasis added). Lisa Lafond, (St. Lucia) Assistant Registrar of AcademicsMs. Please visit richmondgu.org to access our new website. Account to Apply to any Schools The tuition payments transferred electronically into the Citibank account through Google's payment service. [18], All Saints University School of Medicine was accredited in 2019 by the ACCM (Accreditation Commission of Colleges of Medicine). His argument is that Judge Contillo chose the statutory remedy of dissociation over equitable remedies in 2009, and that we erred in 2015 in remanding the matter to allow the judge to consider the issue of remedy anew. The record strongly reflects that plaintiffs' refusal to inject capital into All Saints could have resulted in its collapse, had Chilana not singularly assumed that burden. A-2425-13 (App. The Operating Agreement did not expressly designate a managing member who was responsible for making day-to-day operational decisions for the LLC. We therefore sustain the trial judge's denial of relief to plaintiffs on their affirmative claims. _____ Submitted December 5, 2011 Decided December 24, 2012 Read more at www.mcdlaw.us or www.newjerseybusinessdissolution . MANAGEMENT - TRUSTEES DEANS AND ASSOCIATE DEANS (CLINICAL SCIENCES) REGISTRAR'S OFFICE The judge also reasonably regarded defendants' procurement of the charter for another medical school as justifiable protective action in the event that All Saints collapsed. International Student Insurance (Click Here) provides various links that may assist you in your search for the right insurance plan. Take the first step towards your medical degree with ASU. That opinion makes clear that Judge Contillo did not, as Yusuf maintains, consider the equitable remedy of a buyout in 2009 and reject it in favor of statutory dissociation. ] That e-mail apparently was copied to some of the teachers at All Saints. Foreign (Non-National) Students Eligible: Details about the Pre-Med Program (if available): This field is for validation purposes and should be left unchanged. The judge articulated sound reasons, amply grounded in the record, for regarding defendants' actions as essentially benign, and in the ultimate interests of the continued viability of All Saints and the LLC. Stay up-to-date with how the law affects your life. 42:2B39 to resign as a member of the LLC and to receive within a reasonable time the fair value of his [LLC] interests as of the date of resignation[. . All operational expenses must be approved by at least three of the shareholders / directors. All Saints University seeks applicants with demonstrated strong drive and desire to succeed and who are able to focus on the compassionate and the humanitarian aspects of the medical profession. FN8. Since Paulpillai did not appeal the Chancery judge's findings, the Aruba court deemed the findings to be final against him, and thus removed him individually from the Board. Co-plaintiff Paulpillai has not participated in the appeal, nor has co-defendant Silberie..FN2. Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions. Terms & Conditions. We do not retain jurisdiction. Ibid. Realize your dreams of becoming a great physician at All Saints Dominica; a Great Place to Study and Graduate! We further clarify that, despite what the parties and the trial judge may have otherwise assumed, N.J.S.A. Meanwhile, Chilana, a minority shareholder, infused a substantial amount of his personal funds to pay the medical school's expenses and to prevent its closing. He contends that Solomon's testimony represented improper net opinion, based on inaccurate facts and hearsay supplied by Symeonides, the accountant. Chilana began to pay All Saints's expenses from the Citibank account. Id. Judge Contillo concluded: Regarding the issue of "Aruban law," Judge Contillo found it "irrelevant to the remedy to be provided to Dr. Chilana in this case." Ibid. Users are responsible for compliance with state and federal laws regulating physician referrals, such as antikickback laws, the Stark law, or state professional practice restrictions. We disagree. The RULLCA will not take effect until 180 days beyond that enactment date, which is March 18, 2013. What it Takes to be a Doctor- by Mirela Uruc.An interview of my fellow medical students and professors at All Saints University School of Medicine in Dominica. There's just so much to see and enjoy at ASC - I invite you to visit and experience it for yourself. (Library Science), (Pennsylvania), University Librarian, Mr. David Bruney, LLB (Former Attorney General, Commonwealth of Dominica), Mr. Frankie Bellot, Liaison Officer, Public Relations, Housing and Transportation, Akpakpan Etieno, Student Council President, Samuel Oyewole, President of Student Governing Board. [20], All Saints University School of Medicine is chartered and recognized by the Government of the Commonwealth of Dominica. Search for "site/en/topic/terrorism-lists" - madamasr.com . The 4-year MD Program, 5-year MD program and lastly the B.S.C Medical Sciences program. Live Statistics. Indeed, by analogy, Solomon's consultations with Symeonides and defendants are comparable to a medical expert properly considering information from a patient about his or her own symptoms and condition. In the third and fourth year of the MD program, students become directly involved in the care and study of patients. Joshua Yusuf is the Director and President of the academy and ensures the school is committed to providing high quality education leading to a Doctor of Medicine Degree (MD). 42:2B24(b)(3)(c).11. at 46(e)(1)-(3). Visit Web Page. Yusuf, but not Paulpillai, appealed. This case involves what is termed the judicial dissociation of two shareholders in a New Jersey limited liability company, ASUMA, LLC (ASUMA or the LLC), through a final order expelling them from further involvement in the LLC's business. Although the term shall usually conveys a mandatory sense, we recognize that it sometimes is meant to have a non-mandatory meaning. Although plaintiffs initially had sought dissociation of defendants from the LLC, Yusuf has not sought such a remedy on appeal. Fees are due two months prior to commencement of the semester. We held "that, despite what the parties and the trial judge may have otherwise assumed, N.J.S.A. Yusuf countered that "`[t]he Chancery judge . Comm., 140 N.J. 366, 378 (1995). Problems Emerging With the Business and the Parties' Relationships. The judge reasonably declined to continue the status quo, given the precarious financial condition of All Saints, the fractured relationship of the LLC's members, Yusuf's denial of the school's financial problems, and his unwillingness to infuse more funds into the business. [6][7] Dr. Terrence Marcelle is currently the Executive Dean of the university. FN3. N.J.S.A. ], [N.J.S.A. As a result of these accounts being frozen, the parties had difficulty paying teacher salaries, rent, and taxes. A-2628-09T1 ALL SAINTS UNIVERSITY OF MEDICINE ARUBA; ASUMA LLC; and RICHMOND PAULPILLAI, Plaintiffs, and JOSHUA YUSUF, Plaintiff-Appellant, v. GURMIT SINGH CHILANA, Defendant-Respondent, and PETER SILBERIE, Defendant. 42:2B24(b). Despite their ongoing conflict over check-signing authority on the Smith Barney account, on August 14, 2007, the parties agreed to a new arrangement for the authorized signatures as to the CMB account, which could be any two principals, including the combination of Chilana and Silberie. 703 (authorizing expert witnesses to rely on facts and data reasonably relied upon by others in the expert's field, even if such facts and data are not admitted as evidence).18. Yusuf explained that he did not want Chilana and Silberie co-signing checks together because he feared they would not tell Paulpillai and him the reasons for withdrawing funds. We are mindful that the parties, apparently based upon off-the-record discussions that are not fully explained in the trial transcripts, stipulated to a July 31, 2008 valuation date for plaintiff's shares. Esther Monday, MD ( Dominica), Msc (South Wales )(Assistant Professor)Dr. Marie Affana, MD (Dominica), (Assistant Professor),Dr. Daramfon Udofia, MD (Dominica), (Instructor)Dr. Chidambra Halari MBBS (Maharashtra), MSc. Food and lodging can range from $450 to $1000 per month depending on individual habits and preferences. The Formation of the Medical School in Aruba. The court's findings of fact are binding on appeal when supported by adequate, substantial, credible evidence. Cesare v. Cesare, 154 N.J. 394, 41112 (1998); see also Brunson v. Affinity Fed. at n.9, we would never agree the doctrine could be used as a sword to perpetrate an injustice. (Ibadan), Registrar (Admin.) We note the adjective wrongful is not defined in the statute. Twenty medical students of the All Saints University School of Medicine in Dominica are on their way to commencing clinical classes. It has not diminished the value or interests of All Saints in any way, and it has not injured the interests of ASUMA, or the Foundation, or the medical school, or the fellow shareholders/members. Any student who is absent for two terms or semesters without providing a valid written request and without obtaining prior approval from the university authorities may be subject to sanction or dismissal from the university; this would appear in the transcript of academic record of such a student. It also contains a more detailed section regarding the effect of a person's dissociation as a member. All Saints University offers three different medical programs for their students. However, on appeal, the parties do not challenge the trial court's finding that the agreement qualified as such under that statute. Upon successful completion of Basic Medical Sciences in Dominica, students may elect to complete their core and elective clinical clerkships at any of our affiliated teaching or ACGME-accredited hospitals in the United States and Canada. As the trial court reasonably found, Yusuf and Paulpillai perpetuated a deadlock with Chilana and Silberie by not contributing such capital to pay All Saints's expenses, such as salaries, despite severe consequences if such expenses were not paid. Enter your email and a link to create a new password will be sent to you via email. See N.J.S.A. Gurmit Singh Chilana proved plaintiffs Joshua Yusuf and Richmond Paulpillai had breached their fiduciary duties and duty of loyalty to ASUMA, a New Jersey limited liability company they formed in 2007 to manage the medical school formerly known as All Saints University of . In a nutshell. Here, plaintiffs offered no competing expert to take part in the proverbial battle of experts. ALL SAINTS UNIVERSITY OF MEDICINE ARUBA; ASUMA LLC; and RICHMOND PAULPILLAI, Plaintiffs, and JOSHUA YUSUF, Plaintiff-Appellant, v. GURMIT SINGH CHILANA, Defendant-Respondent, and PETER SILBERIE, Defendant. [12] This is followed by the structured curriculum in the 4 Year MD Program. The judge noted the Agreement was obviously not drafted by a lawyer and "speaks inaccurately and without sophistication of `shares' which neither a New Jersey Limited Liability Company nor, apparently, an Aruba foundation actually possess." The appalling fact is that division ofthe Church into several denominations, and also island of St. Vincent. The allegation with respect to Chilana's role in obtaining a third charter is the most serious allegation, but it provides no basis for relief to plaintiffs. The context here, involving a financial valuation expert relying upon the input of a company accountant and the company's principals, is fundamentally different. The program consists of 4 semesters of premedical courses, including Biology, General Chemistry, Organic Chemistry, Physics, Math, and Introductory Anatomy. 42:1A40(b) (noting that after a partner is expelled, the surviving partners may waive dissolution and resume carrying on the partnership as if the dissolution had not occurred). JOSHUA YUSUF, Plaintiff-Respondent/Cross-Appellant, In 2004, plaintiffs formed a Canadian corporation, named the Medical Education Examination Resource Center, Inc. (MEERC), for the purpose of starting a medical school in the Caribbean. Consequently, we shall permit Yusuf to file a motion with the trial court within thirty days of this opinion if he, in fact, wishes to have the court consider whether he can withdraw from the previous stipulation and, in light of the statutory clarification we have now provided in this opinion, continue to retain the economic benefit of his shares as assignee under N.J.S.A. This amount will be refunded upon completion of the course if no damages to slides and microscopes are incurred. He also complained that he was unable to get All Saints's financial statements for 2005 and 2006 from Yusuf and Paulpillai. GURMIT SINGH CHILANA, Defendant-Appellant/Cross-Respondent, and Chilana. We also note that the parties' respective briefs are inconsistent in their use of the Dr. title for the opposing litigants. FN3. ] As a result, the parties had the same percentage interests in ASUMA as they did in All Saints. Press "Apply now" button. He contends that he has a right to affirmative relief, even in the absence of a showing of any monetary harm to the LLC or All Saints flowing from defendants' alleged misdeeds. We have duly considered all of the other contentions raised by Yusuf and conclude they lack sufficient merit to warrant discussion in this written opinion. On May 27, 2010, the Aruba Court of First Instance issued a decision on Chilanaa petition. Our Faculty Members are highly professional and very supportive of our students' academics and well-being. Founded by a group of dedicated medical and business professionals, all of whom had over 20 years of experience in medical education, All Saints University only had 28 new students in April 2006 when they first opened. All students are required to pay US $150.00 as caution deposit for the histo/path lab. Shortly before trial, on September 4, 2009, Silberie agreed to sell his interest in ASUMA to Chilana for the nominal consideration of one dollar. The LLC was formed in connection with the operations of a fledgling medical school in Aruba. A trial judge's interpretation of the law and the legal consequences that flow from established facts are not entitled to any special deference. Manalapan Realty v. Twp. 42:2B24(b)(3)(c). See Angel v. Rand Express Lines, Inc., 66 N.J.Super. Id. For the Academic Programs Read More Weiner contended that the problems with these two particular students was reflective of a more general failure by All Saints to keep accurate student records. Yusuf holds a doctorate degree in science. Co. of Am., 65 N.J. 474, 484 (1974)). On the contrary, the judge determined, after a six-day trial, that the appropriate remedy for Yusuf's breaches was the one he ordered, a forced buyout. Hence, no valuation of plaintiffs' shares in the LLC was necessary unless plaintiffs, once dissociated, elected to have their shares valued and to tender them to defendants. The June 2007 directors' meeting ended with persisting conflict between Silberie, on the one hand, and Yusuf and Paulpillai, on the other. According to Chilana, he acquired the charter with no intention to start a medical school unless All Saints failed, in which case the students and faculty would need a new medical school. 3 All Saints University School of Medicine, Kingstown, Saint Vincent and the Grenadines. Ibid. On November 20, 2008, Chilana filed an emergent application requesting the trial court to declare plaintiffs judicially dissociated from ASUMA, pursuant to N.J.S.A. He also did not buy or rent property or medical equipment.6, The Order to Show Cause and the Chancery Litigation. Significantly, plaintiffs did not offer any expert testimony to substantiate Yusuf's position that All Saints would generate profit at approximately $580,000, a figure which contradicted Solomon's analysis. Valuation is an art, not a science. Because plaintiffs persisted in their non-compliance with the court's discovery order, Chilana moved for an adverse inference on May 12, 2009. He was a student and faculty member teaching biochemistry at St. James School of Medicine in the Dutch Antilles, where he met Paulpillai, an admissions administrator there. 42:2B24(b)(3). Chilana could not become Treasurer because, pursuant to the Articles, that title rotated only among the founding members every two years. By signing up you are agreeing to our Accordingly, per the trial court's January 6, 2010 and April 25, 2016 orders and this opinion, Paulpillai's twenty-six and one-half percent dissociated interest in ASUMA, regardless of whether owned by Paulpillai or Yusuf, is deemed to have been sold to Chilana for zero dollars as a remedy to Chilana for Paulpillai's breaches of his common law fiduciary duties and duty of loyalty and is now owned by Chilana. R. 2:113(e)(1)(E). admissions@allsaintsuniversity.org Phone Number: 1-866-602-9555 School Details School Name: All Saints University School of Medicine School Email: admissions@allsaintsuniversity.org Address: 5145 Steeles Ave West Toronto, Ontario M9L 1R5 Canada Website: https://www.allsaintsuniversity.org Alternate School Names: Given this open question about whether or not a sale of plaintiffs' shares will be effectuated, it may be unnecessary for us to review the trial court's determination that plaintiffs' shares had no value as of July 31, 2008. 357, 381 (App.Div.2007), rev'd on other grounds, 196 N.J. 502 (2008), held that the appropriate valuation date in the event of dissociation is the date of the dissociation itself. Id. Indeed, by analogy, Solomon's consultations with Symeonides and defendants are comparable to a medical expert properly considering information from a patient about his or her own symptoms and condition..FN18. FN1. Symeonides was ASUMA's company accountant, appointed by the Special Fiscal Agent, and thus a logical source for financial information. Yusuf testified that he was not given the password to access the new Google account, and thus he could not monitor it. Id. At All Saints University College of Medicine, Saint Vincent and the Grenadines, we strive to foster an environment where our students feel supported academically, socially and emotionally. On the initial remand, Judge Contillo was unable to find the parties had stipulated to a forced sale with the understanding that N.J.S.A. Glueck, meanwhile, testified that the financial condition of All Saints was tenuous, and that its operations were extremely difficult.. Listed below are the cases that are cited in this Featured Case. N.J.S.A. Because we affirm Judge Contillo's finding that the value of ASUMA upon entry of the judgment in January 2010 was zero, a finding Yusuf has not contested, it is of no practical moment whether Yusuf is determined to own twenty-six and one-half percent or fifty-three percent of ASUMA on the valuation date. ), rev'd on other grounds, 196 N.J. 502 (2008). Dipti Sharma, B. Pharm (Jalandhar), Associate Registrar (Clinical Affairs)Mrs. Pritam Shahukar, MSc. 482, 504-05 (App. FN14. Phoenix, AZ 85013. The perilous situation required Chilana to make an emergency loan to pay the school's expenses, including the salaries of teachers and staff who had threatened to walk out and to report the situation to the Aruba labor authorities. Ch. In addition, Chilana, who had already provided emergency funds to save the school, understandably would not inject more capital if plaintiffs were allowed to manage the venture going forward. FN10. Applying these well-established standards of review here, we discern no basis to set aside the trial court's final judgment, for the many reasons that we now delineate. The portion of the Operating Agreement that Yusuf argues that the trial court should have enforced in lieu of N.J.S.A. The judge similarly detailed his reasons for rejecting plaintiffs' contentions of breach of fiduciary duty concerning the check-signings: The secondary allegation against Chilana is that he breached his fiduciary duty by signing checks in violation of an agreement he had with the foundation, by opening additional bank accounts, paying unauthorized expenses and changing the on-line payment system. See Kuhn, supra, 366 N.J.Super. at 14. Review the prerequisite courses and required documentation for your MD degree application. To the extent that the Chancery judge's rulings in this case implicate equitable principles, we also bear in mind that appellate courts are generally reluctant to interfere with the exercise of judgment by a court of equity. All Saints Univ. at 55. Chilana further testified that both the CMB and Smith Barney accounts had not opened up prior to this litigation. As Solomon explained: [DEFENDANT'S ATTORNEY]: And your reason for determining that as of July 31, '08, the value was zero? You must be logged in and have enough Application Credits in Your Of course, Judge Contillo could have just as well based that remedy on the parties' stipulation or, as Yusuf necessarily concedes, on the court's general equitable powers. The University reserves the right to change any of its policies or regulations at any time. We reject Yusuf's misplaced reliance on Agha v. Feiner, 198 N.J. 50, 6364 (2009), in which the Supreme Court held that a medical expert cannot testify about a disputed MRI finding made by a non-testifying radiologist if the expert has no skill or competency to interpret such MRI films himself or herself. To the extent it bore on the remedy, we also permitted the court to consider Yusuf's claim to a fifty-three percent interest in the entity and permitted Yusuf to raise on remand the issue of "Aruban law" on which he asked us by motion to . A-2425-13 (App. Starting a career in medicine depends on solid foundation of information and knowledge acquired during your time in medical school. Kuhn, supra, 366 N.J. at 440. of Med. Solomon testified that Symeonides provided him with adequate backup for the numbers used. Outpatient Locations. 42:2B24(b)(3)(c). See Fitzgerald v. Linnus, 336 N.J.Super. 2628-09, supra, slip op. Given this delayed effective date, the change in the statutory scheme has no effect on the issues in the present appeal. Our alumni are located across the globe, practicing as doctors, or in the fields of healthcare, research and academics. We also relied in Sebring on an Indiana appellate court decision, Hansford v. Maplewood Station Business Park, 621 N.E.2d 347, 351 (Ind.App.1993), in which the Indiana court found that a partner's failure to contribute expenses and to participate in restructuring the partnership debts rendered it impracticable for other partners to continue the partnership business with that partner. All Saints University Hillsborough St Roseau, Dominica (767) 4405220 http://allsaintsuniversity.org/. (Wisconsin), PhD (Ibadan) (Professor) Dr. Joshua Owolabi, B.Sc. Two signatories were needed to authorize checks on the CMB account, which could be Silberie and at least one other director or Dean, including Chilana. a-2628-09t1 all saints university of medicine NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. I want to thank the teachers at All Saints University, who helped in getting me to where Im at. On March 13, 2009, the trial court entered an order sanctioning plaintiffs for failure to comply with a prior order as to certain discovery issues. All Saints Univeristy St. Vincent students rotate in ACGME approved teaching hospitals throughout the United States. Co-plaintiff Paulpillai has not participated in the appeal, nor has co-defendant Silberie. Valleywise Behavioral Health Center - Maryvale. All Saints. Id. By continuing to use this website, you consent to the use of cookies in accordance with our Cookie Policy. Nevertheless, we acknowledge the rule of E & K Agency, Inc. v. Van Dyke, 60 N.J. 160, 163 (1972), "that where reversal of a judgment eliminates all basis for recovery against a nonappealing party, as well as against the party who has appealed, the benefit of the judgment will be made available to all alike.". Student Insurance It also contains a more detailed section regarding the effect of a person's dissociation as a member. As an alternative argument, Yusuf asserts that even if the factual record is deemed adequate to meet the criteria of dissociation under N.J.S.A. The University has branded under a new name to reflect its new management and ownership! I was admitted to All Saints University School of Medicine. This expansion was suggested by Weiner, who was extremely concerned [about the] financial viability of All Saints. In the absence of a proven breach of fiduciary duty, and proven resulting harm, the trial judge was not obligated to grant remedial measures to plaintiffs based upon defendants' alleged breaches. 42:2B24(b)(3)(a), which pertains where a member engaged in wrongful conduct that adversely and materially affected the [LLC's] business; and second, N.J.S.A. This order provided that Chilana shall loan $350,000 to ASUMA to be used by the COO to pay the obligations of ASUMA and All Saints. See Wilkins v. Hudson County Jail, 217 N.J.Super. However, as we have already noted, the LLCA does not mandate a forced sale of shares in the event of dissociation. So much has been said about the involvement of the Church in socioeconomic and political development globally, in Africa, and in South Africa in particular. 42:2B2. Terms & Conditions I am incredibly grateful for the experiences I got here and how they shaped me into the person I am today. Listed below are those cases in which this Featured Case is cited. Although Solomon relied on income projections prepared by Symeonides, we reject Yusuf's assertion that Solomon could not rely on the same information that a willing buyer or seller would presumably rely on to make such assessments of value. Thus, although affirming Judge Contillo's finding that ASUMA was without value on the stipulated valuation date, we remanded to provide Yusuf the opportunity to withdraw from the stipulation in the event the Chancery judge found Yusuf had entered into it under "a mistaken assumption that dissociation under the statute would compel the dissociated members to tender their shares to the remaining members, regardless of whether they wanted to do so." That tribunal credited the Chancery judge's findings, and held that those findings established under Aruba law that plaintiffs had engaged in the (financial) mismanagement of All Saints, which justified their removal from the Board. 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