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[35] The February 6, 2008 Letter enclosed a Full and Final Release which read, in part:
IN CONSIDERATION of the promise to make the payments set out in a letter
dated February 6, 2008 from Teplitsky, Colson LLP to Mitchell Cohen and to
Cohen Consulting, (collectively the “Releasors”) to one or both of the Releasors
as Mitchell Cohen may direct, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby irrevocably acknowledged by the
Releasors, each of the Releasors hereby collectively and individually hereby
releases WOODCLIFFE CORPORATION and WESTDALE CONSTRUCTION
CO. LIMITED and all of their respective officers, directors, and affiliated
corporate and business entities including any companies or other entities owned
by them and/or by their respective officers and directors (including but not limited
to all of the entities listed in Schedule ‘A’ hereto) (collectively the “Releasees”)
from any and all manner of actions, causes of action, suits, debts, duties, accounts,
arrears, payments, complaints, contracts, claims, covenants and demands
whatsoever whether arising at common law, by contract, by tort, by statute, by
rule, regulation or otherwise, which against them or any of them, they now have,
ever had, or hereafter can, shall or may have for or by reason of any cause, matter
or thing whatsoever existing to the present time, in connection with or against any
of the Releasees or any related, associated, or affiliated corporation, partnership,
proprietorship, business or organization, including, without limiting the generality
of the foregoing, all claims and demands for or with respect to salary,
remuneration, bonuses, commission, advances on commission, fringe benefits,
share entitlement, vacation time, vacation pay, severance allowance, termination
pay, severance pay, notice of termination, deferred compensation, employee
participation in any company interest, employee medical and dental plan, bonus
and incentive plan, insurance of any kind, or any other employment benefit or
fringe benefit or other compensation of any kind whatsoever.
PROVIDED and it is hereby agreed that notwithstanding any of the other terms
hereof, the registered minority interest of Mitchell Cohen or Cohen Consulting in
a project known as The Chambers Equities Limited shall not be affected, impaired
or in any other way reduced by virtue of the terms hereof, with the result that his
interest in that project shall continue in accordance with its terms.
[…]
[36] Schedule “A” to the Full and Final Release listed fifteen corporate entities, which were
joint venture companies in which Woodcliffe and Westdale had an interest. It included Price
Equities Limited, Price Leaseholds Limited and Rosedale Equities Limited, i.e. the corporations
that held title to all the # 2 parcels on the Diagram (the Summerhill Condominium Site).
Schedule “A” did not list Chambers Equities, Ottawa Chambers or Chambers Ottawa Limited,
which was the corporation holding Westdale’s 50% interest in Chambers Equities. It also
omitted a few other corporate entities owned by Westdale and Woodcliffe, including a