CITATION: McKee v. Montemarano, 2009 ONCA 520

DATE: 20090625

DOCKET: C49175

COURT OF APPEAL FOR ONTARIO

Doherty, Cronk and Rouleau JJ.A.

BETWEEN

Marvyn McKee and Paul McKee

Plaintiffs (Respondents in Appeal)

and

Saverio Montemarano, Saverio Montemarano In trust for a new company to be incorporated and Danhew Holdings Limited

Defendants (Appellants in Appeal) Defendant (Respondent in Appeal)

Patrick J. Monaghan, for the appellants Saverio Montemarano and Saverio Montemarano, In trust for a new company to be incorporated

Geoffrey D.E. Adair and Don White, for the respondents Marvyn McKee and Paul McKee

Neil A. Kaufman, for the respondent Danhew Holdings Limited

Heard and released orally: April 15, 2009

On appeal from the judgment of Justice Peter H. Howden of the Superior Court of Justice dated July 16, 2008.

ENDORSEMENT

[1] For reasons that we delivered orally on April 15, 2009, this appeal was dismissed. Through inadvertence, the third sentence of paragraph 13 of the typewritten version of our reasons for judgment was omitted. Accordingly, paragraph 13 is amended to read as follows:

We conclude, therefore, that the trial judge made no error in interpreting the notice requirement under the Agreement applicable to the waiver of the due diligence condition. The appeal is dismissed. Any stay of the trial judgment that may be in effect by earlier order of this court is hereby terminated. As agreed by counsel, costs of the appeal are awarded to each respondent in the amount of $20,000, inclusive of disburse-ments and GST.

"Doherty J.A."

"E.A. Cronk J.A."

"Paul Rouleau J.A."