Court File and Parties

COURT FILE NO.: CV-15-11147-00CL DATE: 20170704 SUPERIOR COURT OF JUSTICE – ONTARIO COMMERCIAL LIST

B E T W E E N:

TREZ CAPITAL LIMITED PARTNERSHIP, TREZ CAPITAL (2011) CORPORATION and COMPUTERSHARE TRUST COMPANY OF CANADA Plaintiffs

and

DR. STANLEY BERNSTEIN, NORMA WALTON, RONAULD WALTON, DBDC WEST MALL HOLDINGS INC., 2272551 ONTARIO LIMITED, DBDC GLOBAL MILLS LTD., WEST MALL HOLDINGS LTD., WYNFORD PROFESSIONAL CENTRE LTD., GLOBAL MILLS INC., DEVRY SMITH FRANK LLP and JOHN TODD HOLMES Defendants

BEFORE: Newbould J.

COUNSEL: Peter H. Griffin and Shara N. Roy, for the Dr. Stanley Bernstein, DBDC West Mall Holdings Inc., 2272551 Ontario Limited, DBDC Global Mills Ltd. and Wynford Professional Centre Ltd. Irving Marks and Dominique Michaud, for the Plaintiffs Jessica S. Parise, for Norma and Ronauld Walton

Endorsement

[1] In my endorsement of May 24, 2017 I mistakingly referred in paragraph 52 to the telephone call taking place on October 13, 2013 rather than on September 13, 2013. In paragraph 53 I mistakingly referred to October 13, 2013 rather than to October 20, 2013. In amended reasons released along with this endorsement I have corrected those errors.

[2] The plaintiffs requested in their material before me an order dismissing the limitations defence of the Bernstein defendants. In my endorsement of May 24, 2017 I dismissed the motion by the Bernstein defendants for summary judgment but did not mention the plaintiffs’ request that the limitations defence be dismissed. That was an oversight. I think the plaintiffs are entitled to such an order, and in light of the fact that no formal order has been signed, I grant the order. It follows naturally from the other order sought.

[3] At paragraph 43 and 44 of my endorsement of May 24, 2017, I referred to my earlier endorsement in which Schonfeld Inc. was named as manager of the 31 properties (mistakingly referring to November 5, 2014 in paragraph 43 rather than to November 5, 2013). I stated that I had made a finding in that endorsement appointing Schonfeld Inc. as manager rejecting an allegation of Ms. Walton that Dr. Bernstein had instructed her not to disclose his shareholding. Unfortunately, the finding was that of Justice Brown in his decision of August 12, 2014. The plaintiffs ask that I correct the error. I do not think I should do so, particularly as it is now a ground of appeal from my decision. Therefore, while I have amended the date to November 5, 2013 in paragraph 43 to make clear what I was referring to, I decline to make any other change to paragraphs 43 and 44 of my endorsement.

Newbould J. Date: July 4, 2017