Court File and Parties

Court File No.: CV-19-631943 Date: 2020-05-22 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

Supplementary Endorsement

[1] This endorsement is supplementary to my endorsement in this matter dated May 20, 2020. It incorporates by reference the relevant parts of that endorsement, and so the facts as set out therein will not be repeated here.

[2] Through an inadvertent filing error, the record containing the affidavit of Joseph Agueci sworn May 19, 2020 in support of this motion was not submitted with the file that initially came to me. After being alerted to this in my endorsement of May 20th, counsel for the Applicant has now submitted that record containing Mr. Agueci’s affidavit.

[3] Mr. Agueci’s affidavit clears up the missing elements that I noted in my previous endorsement. It would seem that on March 9, 2020, Myers J. signed an Order in this matter granting the relief sought by the Applicant and discharging the Charge with is the subject matter this Application. However, the Toronto Land Registry Office subsequently communicated with Applicant’s counsel advising them that the Justice Myers’ Order was deficient in form in that it did not identify the intervening transfers of interests leading up to the present relief sought.

[4] Counsel for the Applicant therefore resubmitted the Application Record, this time seeking a variance of Justice Myers’ Order and containing the added affidavit of Mr. Agueci setting this out. They have also now submitted a draft Order that identifies itself as an amended version of the Myers J. Order.

[5] As I indicated in my previous endorsement, there is no reason the Applicant should not be granted the discharge of the Charge that it seeks. The supporting affidavits demonstrate that no one is prejudiced by this and that it is necessary to have a court order the discharge. I trust that the amendments made to the draft Order submitted to me today will satisfy the Land Registry Office.

[6] The Charge/Mortgage naming Devaashish Khanna, as chargor, to Macquarie Financial Ltd., as chargee, in the original principal amount of $111,478.00, and registered as Instrument No.: AT1605749 on October 16, 2007 against the title to the lands and premises known municipally as 3390 Weston Road, Unit 708, Toronto, Ontario, M9M 2X3, shall be deleted from title to those lands forthwith by the Land Registrar for the Land Registry Office for the Land Titles Division of Toronto (No. 66) Toronto. The Order of Myers J. dated May 9, 2020 is hereby varied to give effect to this deletion of the Charge.

[7] There will be an Order to go as submitted to me today.

Date: May 22, 2020 Morgan J.