COURT FILE NO.: 12915/04

DATE: 2015-11-24

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: WILLIAM GARY MOUNTAIN, Plaintiff

AND:

TD CANADA TRUST COMPANY, AS ESTATE TRUSTEE DURING LITIGATION FOR THE ESTATE OF JOHN NIXON MOUNTAIN, deceased, TD CANADA TRUST COMPANY, AS ESTATE TRUSTEE DURING LITIGATION FOR HELEN ELIZABETH MOUNTAIN and LOUANNE MOUNTAIN, Defendants

BEFORE: Gray J.

COUNSEL: Ron Sleightholm, Counsel for Gary Mountain

Nadia Campion and Mary Anne Cummings, Counsel for Louanne Mountain

Jennifer Krotz, Counsel for TD Canada Trust Company

HEARD: October 8, 2015

ENDORSEMENT

[1] I have issued two endorsements in connection with this matter, dated June 22, 2015, and August 4, 2015. They dealt with issues that have arisen since the parties, not including TD Canada Trust Company, executed Minutes of Settlement dated March 19, 2014. The parties were in disagreement as to the meaning of certain terms of the Minutes, and my endorsements were issued in order to clarify those matters and move the matter towards finalization of the settlement.

[2] On October 8, 2015, I had a conference call with counsel with a view to discussing the terms of final orders to be issued, in order to bring closure to all matters in dispute. At the end of the day, with the agreement of all parties, I proposed that each party file written submissions and a form of order or orders to be signed by me, and I would choose, on a “final offer selection” basis, the order or orders that best reflected the intention of the parties as set out in the Minutes of Settlement and my two endorsements. I have received the submissions of all parties.

[3] The main differences between the orders submitted by counsel for Gary Mountain (“Gary”) and counsel for Louanne Mountain (“Louanne”) are:

a) whether the payment to be made by Gary to make up any shortfall from the payment of $500,000 from Gary’s half-interest in the estate of Helen Mountain should be made within seven days of the making of the initial payment, or within seven days of the passing of accounts of TD Canada Trust Company;

b) whether there should be paragraphs in the formal order that deal with the position of the TD Canada Trust Company as the Estate Trustee During Litigation of the Estate of Helen Mountain.

[4] Counsel for TD Canada Trust Company generally supported the position of Louanne, but proposed the addition of two specific paragraphs to reflect the contents of the Minutes of Settlement.

[5] On balance, I think the orders submitted to me by counsel for TD Canada Trust Company most accurately reflect the appropriate disposition of the matter as reflected in the Minutes of Settlement and the two endorsements that I issued. Accordingly, I have signed the orders furnished to me by counsel for TD Canada Trust Company, and those orders have been entered. PDF copies of those signed and entered orders are attached to this endorsement. The original orders will be retained in the court file, and if they are required for any purpose I may be spoken to.

[6] I will entertain costs submissions in accordance with the timetable set out in paragraph 4 of the order dated August 4, 2015

Gray J.

Date: November 24, 2015