Carmine Scalzi 65 Queen Street W Office: 416-363-3351

B.A., LL.B. Suite 200 Fax: 416-363-0252

Barrister & Solicitor Toronto, ON E-Mail: cscalzi@scalzilaw.com
M5H2M5 Web: www.scalzilaw.com
Canada

November 8, 2009

Shibley Righton LLP

Barristers & Solicitors
250 University Avenue
Toronto, ON M5H 3E5

Attention: Megan Marrie

Dear Ms. Marrie:

Re: 1201523 Ontario Ltd.(Rahal) v The City of Toronto

Our File No. 269

To be clear, the only documents I have from you are the documents as referred to in your
Affidavit of Documents sworn December 13, 2000 and the exhibits attached to the
Supplementary Affidavit of Gaynor Roger dated May 12, 2008. If you have additional
documents that are relevant to this matter, please advise me and please immediately provide me
with copies of these documents.

Furthermore, the only transcripts I have are from the examination of Mr. Rahal on October 31,
2001, January 31, 2002 and May 19, 2009. I am advised by Alfred C. Devenport’s office that
the only transcripts they have on record are from the examination of Mr. Rahal on October 31,
2001 and January 31, 2002 as no other transcripts were ordered. If you have copies of any other
transcript, please provide them immediately.

To minimize the length of time required at trial, I propose that we agree to provide our legal
submissions, in addition to any submissions pertaining to costs, in writing. Please advise
whether you are agreeable.

Finally, please note that my client’s offer as referred to in my correspondence of September 22,
2009 is hereby withdrawn.

If you have any questions or concerns, please do not hesitate to contact me.

Yours very truly,

SCALZI Professional Corporation

Per:

CARMINE SCALZI