Court File and Parties
Court File No.: CV-25-734581-0000 Date: 2025-10-01 Ontario Superior Court of Justice
Between: Westjax Realty Inc., Plaintiff – and – Sameer Khan, Defendant
Counsel: Dominique Michaud, for the Plaintiff No one appearing for the defendant Sameer Khan
Heard: In Writing
MA Sanderson, J.
Supplementary Reasons for Decision
1I have reviewed the Supplementary Affidavit of Brian Lass sworn September 26, 2025.
2At Paragraph 19, he deposed that the total amount owing by Vector as of November 4, 2024 can be calculated using $537,329.14 for interest.
3However, it appears from Exhibit 2 of that supplementary affidavit that although the total interest in that time frame [up to November 4, 2024] may have been $537,329.14, interest payments were made by Ajax of $42,333.33 on each of November 9, 2023, December 10, 2023 and December 19, 2023 that may not have been reflected in Mr Lass' calculation in paragraph 19. [I note they do seem to have been reflected in the right hand column of Exhibit 2].
4I need a further clarifying supplementary affidavit or affidavits.
5If I am correct that the calculation in Paragraph 19 should have reflected credits for the three $42,333.33 payments, then it also appears that the amounts said to be owing for interest in paragraph 24 [as calculated in Exhibit 4 to Mr Lass's supplementary affidavit sworn September 26, 2025] may also be incorrect.
6If there is an explanation for this apparent discrepancy and if Paragraphs 19 and 24 do contain correct numbers, then a further supplementary affidavit setting out that explanation should be provided.
7The draft Judgment may also need further revision.
8I would be grateful if these steps were taken forthwith.
9These supplementary Reasons should be served on Mr Khan within 5 days of the release of these Supplementary Reasons.
MA Sanderson, J.
Released: October 1, 2025