DATE: 20040910

DOCKET: C38601 C38602

COURT OF APPEAL FOR ONTARIO

RE: ROBERT PIZZEY, CAMERON PIZZEY, GLEN PIZZEY and MARC LEVEBVRE and ROBERT OWEN PIZZEY Executors of the Estate of Mabel Pizzey, deceased (Applicants/Appellants Plaintiffs/Appellants) – and – CRESTWOOD LAKE LIMITED, PERCY ST. PIERRE, MARGARET ST. PIERRE and MARGARET VICTORIA ST. PIERRE-BEKE (Respondents/Respondents Defendants/Respondents)

BEFORE: WEILER, LASKIN and GOUDGE JJ.A.

COUNSEL: Milton A. Davis and J. M. Arthur Lefebvre for the appellants

James W. W. Neeb and Shelly J. Harper for the respondent

HEARD: June 10, 2003

On appeal from the judgment of Justice Ronald C. Sills of the Superior Court of Justice dated June 28, 2002.

S U P P L E M E N T A R Y

E N D O R S E M E N T

[1] To eliminate any confusion over the post maturity rate of interest we set aside our previous endorsement and replace it with the following paragraph:

The intent of our judgment was to ensure that interest after maturity on the promissory note be the same as before maturity. Accordingly, after maturity the promissory note will bear interest at the rate of 10 per cent per annum, calculated semi-annually not in advance.

[2] The parties should now be able to calculate the amount of interest owing.

“Karen M. Weiler J.A.”

“John Laskin J.A.”

“S.T. Goudge J.A.”