Court File and Parties

COURT FILE NO.: CV-23-00695677-0000 DATE: 20230317 SUPERIOR COURT OF JUSTICE – ONTARIO

RE: KERRY EVAN ADLER and EAGLE CAPTIAL INVESTMENT CORP. Plaintiff

AND: READY CAPITAL MORTGAGE HOLDINGS LTD., TERRY MICHAEL WALMAN, APEX PROPERTY MANAGEMENT and ANTHONY FORGIONE Defendants

BEFORE: Justice Papageorgiou

COUNSEL: Benjamin Salsberg, for the Plaintiffs Yan Wang and Li He, for the defendant Ready Capital Mortgage Holdings

HEARD: March 17, 2023

Endorsement

[1] This urgent motion was scheduled to be heard today.

[2] Yesterday at approximately 7:00 pm the parties arrived at a settlement and advised the court by email.

[3] The matter is adjourned pending implementation of the settlement. Although counsel are confident that the settlement will be implemented, if it is not, then the parties should proceed to CPC court to obtain a new date. As I have already reviewed the materials, if the matter proceeds, I am seized of it subject to my availability.

[4] This morning counsel for the plaintiffs advised that his client was requesting an Order sealing the court file on the basis that it contains personal information. The defendants take no position.

[5] There is no formal motion before me and no factum.

[6] As such I am not prepared to consider or grant any such Order today.

[7] If the parties wish to obtain a sealing Order, then they should also proceed to CPC court to obtain a date for such motion. Again, since I am familiar with this matter, I will be seized of it, subject to my availability.

Justice Papageorgiou Date: March 17, 2023