SUPERIOR COURT OF JUSTICE - ONTARIO
RE: FERCAN DEVELOPMENTS INC., Applicant
AND:
HER MAJESTY THE QUEEN, Respondent
BEFORE: THE HON. MR. JUSTICE G.M. MULLIGAN
COUNSEL:
B. Greenspan/W. Friedman, for the Applicant
J. Selvaratnam and K. Healey, for the Respondent
SUPPLEMENTARY ENDORSEMENT
1This matter proceeded by way of application on March 22, 2012. For oral reasons delivered on Friday, March 23, 2012 the application was dismissed. In the application before me it was not disputed that Fercan Developments Inc. or its sole shareholder, officer and director, Vince DeRosa were not charged with any criminal offence underlying the restraint order or any offence in relation to the Property. As the affidavit of Patrick Bakos, lawyer in support of the application, states at paras. 4 and 6:
My review of the minute book of Fercan in our possession indicates that Vince DeRosa is the sole shareholder, officer and director of Fercan. Attached as Exhibit “C” is a true copy of the corporate profile of Fercan, formerly called Vicar Properties Inc., together with a true copy of the shareholders’ and directors’ register of Fercan located in the minute book.
I am advised by Brian Greenspan, the solicitor for Vince DeRosa, that neither Vince DeRosa nor Fercan have been charged with any criminal offence underlying the Restraint Order or any offence in relation to the Property.
2There was no cross-examination on the affidavit and the position of the applicant with respect to these matters was not disputed by the respondent.
3This supplementary endorsement is issued to acknowledge these facts which informed the application before me.
MULLIGAN J.
Date: March 27, 2012