Court File and Parties

COURT FILE NO.: 087/13

DATE: 20220425

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

John Owen Tyler and Kimberly Diane Tyler

Plaintiffs

• and –

George Eadie and George Eadie as executor of the Estate of Susan Eadie

Defendants

AND BETWEEN:

George Eadie

Plaintiff by Counterclaim

• and –

John Owen Tyler and Kimberly Diane Tyler and John Doe And Jane Doe, as executors of the Estate of Hazel Everett

Defendants by Counterclaim

Counsel:

J. Mastorakos and S. Clements, for the Plaintiffs

G. Roberts and S. Micoo, for the Defendants

G. Roberts and S. Micoo, for the Plaintiff by Counterclaim

J. Mastorakos and S. Clements, for the Defendants by Counterclaim

HEARD: April 25, 2022

SECOND ADDENDUM TO JUDGMENT

J.C. CORKERY J.

[1] The parties appeared before me today at Mr. Roberts request.

[2] Mr. Roberts submits that the replacement wording for paragraph 112 in my first Addendum to Judgment released January 28, 2022 is unclear. He proposes that an additional sentence be included to avoid any ambiguity.

[3] Mr. Mastorakos takes no position with respect to the additional sentence being added as requested by Mr. Roberts, as long as it remains clear that it is only for clarification and does not change the original meaning of my judgment.

[4] I am prepared to further amend paragraph 112 for the purpose of providing greater clarity.

[5] Paragraph 112 of my judgment (as amended January 28, 2022) is deleted and replaced with the following:

[112] The common boundary between the Tyler and Eadie properties terminates where it intersects the water's edge of Balsam Lake. Plan 57R10228 shows the common boundary measured to the water's edge. Thus the boundary of the common property line between the Tyler property and the Eadie property is an ambulatory boundary, its physical location continues to move in and out, to ambulate, to the extent that the water level rises and falls. On the date that survey was completed, April 13, 2013, the common boundary to the water's edge measured 56.40 metres.

J.C. Corkery J.

Date: April 25, 2022