Court File and Parties

COURT FILE NO.: CV-19-631943 DATE: 20200520 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: PEOPLES TRUST COMPANY, Applicant – and – TAYYIB SHARIFF, Respondent

BEFORE: E.M. Morgan J.

COUNSEL: James Butson, for the Applicant

HEARD: In writing

Endorsement

[1] The Notice of Application seeks discharge of a mortgage.

[2] The supporting affidavit sets out that the mortgage has been paid and should have been discharged with the sale of the land, but through inadvertent error this was not done. It further describes that the Applicant has gone through a name change and wind-up, and as such there is no one left with authority to discharge the mortgage and remedy this error without a court Order. The Applicant states that since no one will be prejudiced by this Order, it is being done without notice to the Respondent.

[3] All of that would likely be fine. The problem is that the draft Order submitted with the Application Record states that it is varying a judgment issued by Myers J. on March 9, 2020. I do not see this judgment by Justice Myers mentioned anywhere in the Application Record, and there is nothing to direct my attention to what it is that is being varied and why it has come up this way. The evidence for varying the judgment does not appear to be in the record.

[4] I therefore cannot sign the Order as submitted. If the Applicant wishes to submit a supplementary record explaining the variance that is being sought, it is at liberty to do so.

Date: May 20, 2020 Morgan J.