COURT FILE NO.: DC-3/05

DATE: 20070119

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Mark Renner and Cara Renner v. 1260933 Ontario Inc. O/A Riviera Pools

BEFORE: The Honourable Mr. Justice P.J. Flynn

COUNSEL: Nicole C. Jedlinski, for the Plaintiffs (Respondents in Appeal) Glenda D. McLeod, for the Defendants (Appellants in Appeal)

HEARD: October 16, 2006

ENDORSEMENT

[1] It has recently come to my attention that I made a mistake in my dictation of my reasons on this appeal contained in my endorsement of November 22, 2006, which I also missed on editing the Endorsement.

[2] By ordering a new trial, it must be clear that I was allowing the appeal, not dismissing it.

[3] Accordingly, the penultimate paragraph [23] must be corrected by replacing the word “dismissed” in the first sentence and replacing it with “allowed”.

P.J. FLYNN J.

DATE: January 19, 2007