COURT OF APPEAL FOR ONTARIO

DATE: 20001222

DOCKET:C31425

RE: 1224948 ONTARIO LTD. (Plaintiff/Appellant) – and – 448332 ONTARIO LIMITED, 942219 ONTARIO INC., 1162750 ONTARIO INC., and 1162721 ONTARIO LIMITED (Defendants/Respondents) – and – 942219 ONTARIO INC. and 448332 ONTARIO LIMITED (Plaintiffs by Counterclaim) – and – JOE ANGOTTI, FRANK SALVATI, 1224948 ONTARIO LTD. and 594480 ONTARIO LTD. (Defendants by Counterclaim)

BEFORE: CARTHY, AUSTIN and ROSENBERG JJ.A.

COUNSEL: Irving Marks and Jeffrey Dicker,

for the appellant 1224948 Ontario Ltd.

Ronald D. Manes, Micheal G. Simaan

and Angelo P. Fazari,

for the respondents 942219 Ontario Inc.

and 448332 Ontario Limited

HEARD: November 6, 2000

On appeal from the decisions of Justice Joseph W. Quinn dated December 18, 1998, February 18, 1999 and March 30, 1999

ENDORSEMENT

[1] Upon further representations in writing as to costs and money in court, we direct that our order herein be amended to include the following:

THIS COURT ORDERS THAT the funds paid by the Appellant 1224948 Ontario Limited on account of the land transfer tax in respect of Instrument No. 736169 registered in the Land Registry Division of Niagara South (No. 59) at Welland shall be released from the operation of the Order of the Honourable Mr. Justice Dandie dated October 8, 1998 and from paragraph 4 of the Judgment of the Honourable Mr. Justice Quinn dated December 18, 1998, and shall be paid to the Appellant 1224948 Ontario Limited.

[2] We leave it to the assessment officer to deal with costs and the remaining money should stay in court, to be paid out following a final order of assessment as entitlement may then indicate.

“J.J. Carthy J.A.”

“Austin J.A.”

“Rosenberg J.A.”