SUPERIOR COURT OF JUSTICE - ONTARIO

COMMERCIAL LIST

COURT FILE NO.: CV-13-10235-00CL
DATE: 20131021

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RE: Melflor Investments Ltd., Stanley Naimer, Fred Naimer, Mark Naimer and Shari Naimer, Applicants

AND

Naim Investments Ltd, the Estate of Chaim Marcovitz by its executors Leora Marcovitz and Sharon Hart, Gerald Naimer, Sharon Naimer, Bram Naimer, Joanna Yufe, Geshar Investment Ltd., Jobra Investments Inc. and Kongshiek Achong Low, Respondents

COUNSEL:
Adrian Lang and Sean Gibson for applicants

Donald Jack and Sanj Sood for the “family” respondents, Gerald Naimer, Sharon Naimer, Bram Naimer, Joanna Yufe, Geshar Investments Lid., Jobra Investments Inc.;

James Klein for the respondent, Estate of Chaim Marcovitz

David Preger for the respondent Kongshiek Achong Low

HEARD: Friday, October 18, 2013

BEFORE: MESBUR J

CORRIGENDUM TO ENDORSEMENT DATED OCTOBER 21, 2013

[1] Mr. Klein has brought two matters to my attention regarding my decision in this case.

[2] First, he notes that the formal endorsement did not include my decision to strike paragraph 1(d) of the applicants’ amended amended application. This is because I wrote a handwritten endorsement on the application record on October 18, setting out this result. Apparently, counsel were not provided with a copy of this part of the endorsement. To be clear, paragraph 1(d) of the amended amended application is struck.

[3] Second, paragraph 37 of my reasons says the newly constituted board approved the sale of the estates 10% share in Naim to Dr. Low. That is an error. The Board meeting scheduled for September 3, 2013 did not proceed, since this application was launched.

[4] My reasons should therefore be amended accordingly.

MESBUR J.

Released: 20131025