Court File and Parties

COURT FILE NO.: CV-21-668564 DATE: 20220816

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Flow Capital Corp., Plaintiff AND: Mera Development Corp. and Mera Food Group Inc., Defendants

BEFORE: W.D. Black J.

COUNSEL: James Renihan and Felix Moser-Boehm, for the Plaintiff Kevin Sherkin, for the Defendants

HEARD: August 16, 2022

Endorsement

[1] The plaintiff moves for summary judgment, seeking payment of a liquidated debt in the amount of $795,852.80 plus post-judgment interest, pursuant to a breach by the defendants of a 2014 agreement between the parties. Mera Development is alleged to have failed to pay monthly royalty amounts provided in that agreement, and Mera Food Group is alleged to have failed to indemnify the plaintiff for the amounts that Mera Development failed to pay.

[2] The defendants filed no materials in opposition to the plaintiff’s motion, and Mr. Sherkin of counsel for the defendants confirmed that the defendants are not opposing the relief sought.

[3] The materials filed by the plaintiff amply support the claim and the judgment sought in this motion.

[4] Accordingly, Judgment will issue in favour of the plaintiff against the defendants in the amount of $795,852.80, plus post-judgment interest at the rate of one (1) percent, compounded monthly (as set out in the contract).

[5] The plaintiff also seeks $20,369.42 for its partial indemnity costs, an amount which the defendants concede is reasonable. Accordingly, the Judgment will reflect costs payable by the defendants in that amount.

W.D Black J.

Date: August 16, 2022