Supplementary Endorsement

COURT FILE NO.: 10-18965SR (Hamilton)
DATE: 2012-03-27
SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Angela Pickrem (formerly Angela Milbury), Plaintiff

AND:
Belair Insurance Company Inc., Defendant

BEFORE: The Honourable Mr. Justice D. A. Broad

COUNSEL:
Arthur Camporese, Counsel, for the Plaintiff
Daniel Rosenkrantz Counsel, for the Defendant

HEARD: February 27, 2012

Supplementary ENDORSEMENT

[ 1 ] Subsequent to the release of my Endorsement on March 1, 2012, Mr. Rosenkrantz wrote to me requesting an amendment of paragraph 14 thereof, to clarify that he had also submitted that the Release was in fact evidence of a contract which existed between the parties, that the Limitations Act does govern law suits on contracts and that such an action should have been commenced within six years of the making of the contract.

[ 2 ] Mr. Camporese was provided with an opportunity to comment on Mr. Rosenkrantz’ request and has advised that he does not have a recollection of the specifics of the alternative argument advanced and therefore is not in a position to comment on the amendment requested. I do not have a note of the submission, nor do I have a specific recollection of it. However, I am prepared to accept that the acknowledgment referenced in the endorsement at para. 14 did not extend to an acknowledgement that the action did not have to be commenced within six years of the date of the date of the Release, and that Mr. Rosenkrantz maintained that position.

D. A. Broad J.

Date: March 27, 2012