DATE: 20060113

DOCKET: C42420 C42629 C42630

COURT OF APPEAL FOR ONTARIO

RE:

C42420

THREE SEASONS HOMES LIMITED (Applicant (Respondent))

• and -

ROBERT FARIS, CHRIS EFTIMOVSKI, WALLY MAGEE and HORST ROSNER (Respondents (Appellants))

A N D B E T W E E N: C42629

CHRIS EFTIMOVSKI (Applicant (Appellant))

• and -

ROBERT FARIS (Respondent (Respondent in Appeal))

A N D B E T W E E N: C42630

THREE SEASONS HOMES LIMITED (Applicant (Respondent in Appeal))

• and -

ROBERT FARIS, CHRIS EFTIMOVSKI, WALLY MAGEE and HORST ROSNER (Respondents (Appellant))

BEFORE:

ROSENBERG, SIMMONS and GILLESE JJ.A.

COUNSEL:

Catherine Patterson and Troy Lehman

for the appellant Chris Eftimovski

Graeme Mew

for the appellant Robert Faris

John O'Sullivan and Zirka Jakibchuk

for the respondent

HEARD:

May 31, 2005

JUDGMENT RELEASED:

November 16, 2005

On appeal from the judgment of Justice Donald R. Cameron of the Superior Court of Justice dated August 17, 2004.

E N D O R S E M E N T

[1] We released our judgment in this matter on November 16, 2005. Subsequently, counsel for Three Seasons Homes Limited requested that we reconsider our decision. We have decided to hear oral submissions in relation to that request and have set a hearing date for that purpose.

[2] On December 9, 2005, Feldman J.A. released an endorsement on a motion to a single judge in this matter in which she indicated that, in her view, in was implicit in our agreement to accept submissions on the request for reconsideration that the judgment dated November 16, 2005 is temporarily stayed. We agree.

[3] For greater certainty, it is hereby ordered that, pending disposition of the reconsideration motion: i) the judgment in this matter dated November 16, 2005 is temporarily stayed, ii) this endorsement may be registered on the title of the property in issue; and iii) it is open to any party to take any other steps deemed necessary to protect their interests in the property in issue, including bringing a motion or application in the Superior Court.

“Marc Rosenberg J.A.”

“Janet Simmons J.A.”

“E.E. Gillese J.A.”