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

[1] I have reviewed the Supplementary Affidavit of Brian Lass sworn September 26, 2025.

[2] At 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.

[3] However, 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].

[4] I need a further clarifying supplementary affidavit or affidavits.

[5] If 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.

[6] If 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.

[7] The draft Judgment may also need further revision.

[8] I would be grateful if these steps were taken forthwith.

[9] These 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