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HomeMy WebLinkAboutMaurice Brenner� / . � . � Ministry of Municipal Aifairs j a C'a' tate CC1t - UdltOt"�S @p0 and Housing r Municipal Elections Act, 1996 (Section 78) Instructions: ,411 candidates must complete Boxes A and B. Candidates who receive contributions or incur expenses beyond the nomination fee must complete Boxes C, D, Schedule 1, and Schedule 2 as appropriate. Candidates who receive contributions or incur expenses in excess of $10,000 must also attach an Auditor's Report. All surplus funds (after any refund to the candidate or his or her spouse) shall be paid immediately over to the clerk who was responsible for the conduct of the election. YYYY MfVI DD YYYY MM DD For the campaign period from (day candidate filed nomination) 2 0 1 4 I 0 2 I 1 4 I to I 2 0 1 4 I 1 2 I 3 1( Q✓ Primary filing reflecting finances to December 31 (or 45�" day after voting day in a by-election) ❑ Supplementary filing including finances after December 31 (or 45th day after voting day in a by-election) Box A: Name of Candidate and Office Candidate's name as shown on the ballot Last Name Brenner Given Name(s) Maurice Name of offiice for which the candidate sought election Ward name or no. (if any) Mayor Name of Municipality City of Pickering Spending limit issued by clerk � 64,079.40 � I did not accept any contributions or incur any expenses other than the namination fee. (Complete Box A and B only) Box B: Declaration I, Maurice Brenner , a candidate in the municipality of Pickertng , hereby declare that to the best of my knowledge and belief that these financial statements and attached supporting schedules are true and correct. Declared before (clerk or commissioner} in the City of Pickering on tYYYYImm/dd) _ o�i.0 j�""J % G3) � � � . � �` Signature of Clerk or Commissioner � O` j � Date Filed in the C erk's ice (yyyy/mm/dd) LISA D NE HAR R, aCommissioner.etc, ionalNluni�pa of DurhamB faTheCorpprationof Cityof Pick�ring, �resJanuary2�,2018. Signature of Candidate 9503P (2013/11) � Queen's Printer for Ontario, 2013 Disponible en fren�ais Page 1 of 8 Box C: Statement of Campaign Income and penses LOAN Name of bank or recognized lending institution Amount borrowed $ I(VCOME Total amount of all contributions (From line 1A in Schedule 1) Refund of nomination filing fee Sign deposit refund Revenue from fund-raising events not deemed a contribution (From Part III of Schedule 2) Interest earned by campaign bank account Other (provide full details) �' � 15,547.1 � + � 200.00 + $ + $ + � 0.09 1. + $ 2. + � 3. + $ Total Campaign Income (Do not include loan) _$ 15,747a27 C1 EXPENSES (Note: include the value of contributions of goods and services) Expenses subject ta spending I�mit Nomination filing fee Inventory from previous campaign used in this campaign (list details in Table 5 of Schedule 1) Advertising Brochures/flyers Signs (including sign deposit) Meetings hosted Office expenses incurred until voting day Phone and/or Intemet expenses incurred until voting day Salaries, benefits, honoraria, professional fees incurred until voting day Bank charges incurred until voting day Interest charged on loan until voting day Other (provide full details) �. Ad mail delivery (Canada Post) 2. Truck install/remove signs (goods and services donation) 3. Art work (goods and services donation) Total Expenses subject to spending limit Expenses not subject to spendir�g limit Accounting and audit Cost of fund-raising events/activiti�s (list details in Part IV of Schedule 2) Voting day party/appreciation notices Office expenses incurred after voting day Phone andlor Intemet expenses incurred after voting day Salaries, benefits, honoraria, professional fees incurred after voting day 8ank charges incurred after voting day Interest charged on loan after voting day Expenses related to recount Expenses related to cantroverted election Expenses related to compliance audit Expenses related to candidate's disability (provide full details) 1. 2. 3. Other (provide full details) 1. 2. 3. Total Expenses not subject to spending limit Total Campaign Expenses (C2 + �3) 9503P (2013/11) + $ 200.00 + $ 3 597.25 + $ 3 256.66 + � 5,260,15 + $ 1 926.65 �- $ 35.00 + $ + $ + $ + $ + $ + � 5 743.74 �' � 399.93 + $ 750.00 _ � 21,169.38 c2 + � 960.50 + $ + $ + $ + $ + $ + $ + $ + $ + $ + $ + $ + $ + $ + $ + $ + $ _ $ 960.50 C3 _ $ 22,129.88 ca Page 2 of 8 : � � � • ' � • � . Excess (deficiency) of income over expenses (income — Totai Expenses) (C1 — C4) Eligible deficit carried forvvard by the candidate frorn the last election °Tofial (D1 — D2) If there is a surplus, deduct any refund of candidate's or spouse's contributions to the campaign Surplus (or defcit) for the campaign � � -6,382.61 p1 — � 35,776.61 �2 _ � -42,159.22 _ � _ � -42,159.22 �3 If line D3 shows a surplus, the amount must be paid in trust, at the time the financial statements are filed, to the municipal clerk who was responsible for the conduct of the election. Amount of $ paid to municipal clerk in the municipality of 9503P (2013/11) Page 3 of 8 chedule 1 - Contributions �art I — Sumrnary of Contribu�ions Contribution from candidate (include the value of inventory listed in iable 5) +$ 6,597.25 Contribution from spouse + $ Total value of contributions not exceeding $100 per contribuiar • Include ticket revenue, contributions in money, goods and services where the total contribution from a contributor is $100 or less (do not include contributions from candidate or spouse). +� Total value of contributions exceeding $100 per confributor (frorn line 1 B; list details in Tables 1— 4) • lnclude ticket revenue, contributions in money, goods and services where the total contribution from a contributor exceeds $100 (do nat include contributions from candidate or spouse). +$ �,949.9� Less: Contributions returned or payable to the coniributor —� Contributions paid or p�yable to the clerk, including contributions from anonymous sources exceeding $10 — $ ___ __ Total Amount of Contributions (Record in Box C) _$ 1�954ie1� 1A Part II — List of Contributions from Each Single Contributor Totalling more than �10Q Table 1: Monetary contributions from individuals other than candidate or spouse Name Full Address Amount $ �enneth B Rovinelli 1163 Old I'ost I)rvie 750.00 Oakville Orltario L6M t �15 Leo IVlc�rthur C/O Miller Paving 250.00 505 Nlilner Road I�elarkharn Ontario I.6G 1 �2 Arr�at�da Lazaridis 23 Somers A�re 750.00 Taronto Ontario I�4J 1 W2 9503P (2013/11) Page 4 of 10 ❑ Additianal informatian is listed on separate supplementary attachment To4�l 1,750.00 9503P (2013/11) Page 5 of 10 Table 2: Monetary c�ntributions fram corporatoons or unior�s Plame (Legal and Carrying on Full Address President or Business As usiness ar�a 1-�rthur Fire Protectioils Inc 21 I�envie�v �lvd LJnit 22 Brampton Ontario L6T SG7 The B�ench Press Ltd 2402 Stouffviile I�oad �/O C�eaiive Outdoor PO Box 245 Advertising C�roml�}� Ontario LOH 1 GO Cougs Investments Ltd 2700 t�udley Road I�torth Ajax Ontario L1Z 1T7 I�Iagnum Fire Protection 16 Spinnaker Way II1C �lllt 6 Concord Ontario L4K 2T� �ayfield IZealty Advisors 2300 Yonge Street Ha�-old Spring Toronto Ontario M4P 1 E4 Ajax I�owns 3�0 I{ingston 1Zoad Easi Ajax O��tario 11Z 1V14 L��Y11S$I'y 011 LIVei'�OQI 927 Liverpool Road PICICeI'111� �Il��i`l0 L1V�T 1S7 CA�1 (LJI�IIFOIZ) 1425 Phillip Ivlurray l-�ve �,es IVIacL)onald Retired �orkers Oshawa Ontario Chapter Loca1222 L 1 J�L4 Brennan Paving PO �ox 3459 IVlarkham Ontario L3R 6G7 � Additional information is listed on separate supplementary attachment Authorized Representative R�vi I�ar�agasaby I�avid �rav Ian �IcCullough Norm Picov I�r Steven �ien�r Leo 1Vlc�rtllur � Table 3�: Contributions in gooc�s or services from individuals other than candidate or spou�e (Note: must also be r�corded as expenses in �ox C) Name Full Address Description of Goods or Services Bri�tney �renner 1 l Ie/Iaple Desigll �Nork for A jax Ontario Campaign I�avid Steele 966 Timtnins C�arden Truck Re�ltal foi• Signs Pickei-ing Ontario �,1 V�I 2i,2 �mount $ 600.00 500.00 750.00 600.00 750.00 750.00 200.00 500.00 250.00 4,900.00 Value $ 750.00 399.93 9503P (2013/11) Page 6 of 10 ❑ Additional information is listed on separate supplementar� attachment Total ( 1149.�3 9503P (2013/11) Page 7 of 10 • f �' .' ! ' •, �; � �' ' � � i � �� . � Name (legal) and Address President/Business Authorizing Amount Carrying business as I�lanager Cheque Signato I�onnell Law Group 183 Simcoe .P�ve Iain I�onnell $750.00 I�eswick C)ntario L4P 2H6 �'rio Roofing System� 243 Advance Blvd $400.00 Brampton Ontario L6T 4J2 Total $1150.00 . i. .:, -, a ... � ��� �• •: ' • • � � �:�. • :' .., ! .. � �:• • ..�. ��:. • •�: � !�. :�:. � ' � .�. i ��.... +, .� • • ' +��., . ' ��: • ' .` �i • .. . ° - • • �� . • '�'• - � ' �_ •- � • , �r -� !- I I� • �'" _ .: �,: -•. .. • �� • •' � - - _ .,r=. '-• - „ , � •�• � - . : - ` ❑ Additional information is listed on separate supplementary attachment Total Part II Contributions (�►dd Totals from Tables 1�) (Record in Part I— Summary) Part 111— Inventory Table 5: Inventory of Campaign Goods and Materials from Previous Campaign used in this Campaign (Note: value must be recorded as a contribution from the candidate anci as an expense) Description Date Acquired Supplier Current Market Quantit�/ (yyyy/mm/dd) Value $ IZebar 2010/09/15 �uckley 4.00 1Vlagnet Car Signs 2010/09/15 Print Fast 50.00 Coro H Signs Coro T�oad Signs 2010/09/ 15 I Print Fast 2010/09/ 15 ( Print Fast ❑ Additiona! information is listed on separate supplementary attachment 9503P (2013/11) 4.00 6.19 Total I � �949.931 � Total Value $ 320 1514.00 4 200.00 200 �00.00 175 � 10�3.25 3597.25 Page 8 of 10 . • ' •' . • ' . � ' . • _ • . •,; � ', • ' � " . `. '•: _ . :':. ..�.. • � �:� � - _. ,. . , . • ;' . ':" �i.. ❑ Additional schedule(s) attached Description of fundraising eventiactivity Date of event/activity (yyyy/mrn/dd) Part I — Ticket i2evenue Admission charge (per person) (If there are a range of ticket prices, attach complefie breakdown of all ticket sales) �' � Number of tickets sold � Total Ticket Revenue (2i4 x 2�) (Inclucie in Schedule 1) Part II — Other revenue deemed a contribution (provide details (e.g. revenue fram goods sold in excess of fair markefi value)) 1. ¢ � 2. �' � 3. + $ 4. + � 5. �' $ Total Part II Revenue (include in Schedule 1) Part III — Other revenue not deemed a contribution (provide details (e.g. contributions of $10 or less; market value of goods or services sold)) 1. ¢ $ 2 + $ 3. + $ 4. + � _ 5. __ + $ Totaf Part III Revenue (include in Box C) Part IV — Expenses related to fundraising event or activity (pravie9e de#�ils) 1. _ + 2. �' 3. + 4. — �' 5. � 6. �' 7. �' 8. ___ °� iotal Part IV Expenses (include in Box C� 0 � m � � � 0 t, ZA 2� _ � _ � _ $ _ � 9503P (2013/11) Page 9 of 10 uditar's Report Municipal Elections Act, 9996 (Section 78) A candidate who has received contributions or incurred expenses in excess of $10,000 must attach an auditor's repart. Professional Designation of Auditor Chartered Professional Accountant, Chartered 1�ccountant nnunic�pality Town of Georgina Contact Information Last Name Lipchitz Address SuiteJUnit No. Street No 449 City/Town Keswick Street Name The Queensway South Telephone No. (including area code) Fax No. 905 476-7718 ext. 905 476-9334 First Name Joel Province ON Email Address joel@lipchitz.ca The report must be done in accordance with generally accepted auditing standards and must: Date (yyyy/mm/dd) 201 SI03/04 Licence Number 11068 Postal Code L4P 2C9 set out the scope of the examination provide an opinion as to the completeness and accuracy of the financial statement and whether it is free of material misstatement Q Report is attached Persanal information, if any, collected on this form is obtained under the authority of sections 78 and 95 of the Municipal Elections Act, 1996. Under section 88 of the Municipal Elections Act, 1996 (and despite anything in the Municipal Freedom of Information and Protection of Privacy Act) documents and materials filed with or prepared by the clerk or any other election official under the IVfunicipal Etections Act, 1996 are public records and, until their destruction, may be inspected by any person at the clerk's office at a time when the office is open. Campaign financial statements shall also be made available by the cterk in an electronic format free of charge upon request. 9503P (2013/11) Page 8 of 8 Li ch itz & Associates p Chartered Accountant INDEPENDENT AUDITOR'S REPORT To Maurice Brenner Municipal Elections Act, 1996 (Section 78) I have audited the financial statements of Maurice Brenner, candidate, for the campaign period of February 14, 2014 to December 31, 2014 for the election held October 27, 2014. These financial statements include the Statement of Campaign Income and Expenses, Disposition of Surplus and Assets and Liabilities for the period. Candidate's Responsibility for the financial statements The Candidate is responsible for the preparation and fair presentation of these financial statements in accordance with Canadian generally accepted accounting principles, the Municipal Elections Act, 1996 and for such internal control as the candidate determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility My responsibility is to express an opinion on these financial statements based on my audit. I conducted my audit in accordance with Canadian generally accepted auditing standards. Those standards require that I comply with ethical requirements and plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my qualified audit opinion. Basis for Qualified Opinion Due to the inherent nature of the transactions in an election campaign, it is impracticable through auditing procedures to determine that the accounting records include all donations of goods and services, and receipts and disbursements. Accordingly, my verification of these amounts was limited to ensuring the financial statements reflect the amounts recorded in the candidate's accounting records in accordance with the accounting procedures established by the Municipal Elections Act, 1976, and I was unable to determine whether any adjustments might be necessary to income and expenses, assets and liabilities, and surplus (deficit). (continues) 449 The Queensway South, Suite 200, Keswick, ON L4P 2C9 Tel: 905-476-7718 • Fax: 905-476-9334 • Email: joel@lipchitz.ca Qualified Opinion In my opinion, except for the effect of any adjustments which I might have determined to be necessary had I been able to satisfy myself as to the completeness of the records as described in the preceding paragraph, these financial statements present fairly in all material respects, the financial position of the candidate's election campaign as at December 31, 2014 and the income and expenses for the campaign period from February 14, 2014 to December 31, 2014 and the determination of surplus (deficit) and the disposition of surplus in accordance with the accounting treatment prescribed by the Municipal Elections Act, 1976. The Municipal Elections Act, 1976, does not require me to report, nor was it practical for me to determine, that contributions reported include only those which may be properly retained in accordance with the provisions of the Municipal Elections Act, 1996. �s�� ��. � ._ �" ' ' - ���' � �, � ��'' t LIPCHITZ & ASSOCIATES Keswick, Ontario CHARTERED PUBLIC ACCOUNTANT March 10, 2015 Licensed Public Accountant � ' i ° ' IM . ' �� . ( ' :� �'' a � • � I .* � March 9, 2015 Maurice Brenner Attention: Mr Maurice Brenner Dear Mr Brenner: You have requested that I audit the financial statements of Maurice Brenner, Mayoral Candidate for the 2014 Municipal Election in the City of Plckering pursuant to the Municpal Elections Act 1996 (Section 78), which comprise the Statement of Campaign Income and Expenses, Disposition of Surplus and Assets and Liabilities for the campaign period of February 14, 2014 to December 31, 2014 for the election held October 27, 2014. I am pleased to confirm my acceptance and my understanding of this audit engagement by means of this letter. My audit will be conducted with the objective of my expressing an opinion on the financial statements. My Responsibilities I will conduct my audit in accordance with Canadian generally accepted auditing standards. Those standards require that I comply with ethical requirements and plan and perForm the audit to obtain reasonable assurance as to whether the financial statements are free from material misstatement. An audit involves perForming procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. Because of the inherent limitation of an audit, together with the inherent limitations of internal control, there is an unavoidable risk that some material misstatements may not be detected, even though the audit is properly planned and performed in accordance with Canadian generally accepted auditing standards. In making my risk assessments, I consider internal control relevant to the entity's preparation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. However, I will communicate to you in writing concerning any significant deficiencies in internal control relevant to the audit of the financial statements that I have identified during the audit. Content of the Audit Opinion 449 The Queensway South, Suite 200, Keswick, ON L4P 2C9 Tel: 905-476-7718 Fax: 905-476-9334 Email: joel@lipchitz.ca Unless unanticipated difficulties are encountered, my report will be substantially in the following form: 11�1�7�»�I 7���r_��1�7�t�7:i��:��1:Z�7:�� To Maurice Brenner Municipal Elections Act, 1996 (Section 78) I have audited the financial statements of Maurice Brenner, candidate, for the campaign period of February 14, 2014 to December 31, 2014 for the election held October 27, 2014. These financial statements include the Statement of Campaign Income and Expenses, Disposition of Surplus and Assets and Liabilities for the period described above. Candidate's Responsibility for the financial statements The Candidate is responsible for the preparation and fair presentation of these financial statements in accordance with Canadian accounting standards for private enterprises, and for such internal control as the candidate determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility My responsibility is to express an opinion on these financial statements based on my audit. I conducted my audit in accordance with Canadian generally accepted auditing standards. Those standards require that I comply with ethical requirements and plan and perForm the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves perForming procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. I believe that the audit evidence I have obtained is sufficient and appropriate to provide a basis for my qualified audit opinion. Basis for Qualified Opinion Due to the inherent nature of the transactions in an election campaign, it is impracticable through auditing procedures to determine that the accounting records include all donations of goods and services, and receipts and disbursements. Accordingly, my verification of these amounts was limited to ensuring the financial statements reflect the amounts recorded in the candidate's accounting records in accordance with the accounting procedures established by the Municipal Elections Act, 1976, and I was unable to determine whether any adjustments might be necessary to income and expenses, assets and liabilities, and surplus (deficit). Qualified Opinion In my opinion, except for the effect of any adjustments which I might have determined to be necessary had I been able to satisfy myself as to the completeness of the records as described in the preceding paragraph, these financial statements present fairly in all material respects, the financial position of the candidate's election campaign as at December 31, 2014 and the income and expenses for the campaign period from February 14, 2014 to December 31, 2014 and the determination of surplus (deficit) and the disposition of surplus in accordance with the accounting treatment prescribed by the Municipal Elections Act, 1976. The Municipal Elctions Act, 1976, does not require me to report, nor was it practical for me to determine, that contributions reported include only those which may be properly retained in accordance with the provisions of the Municipal Elections Act, 1996. Lipchitz & Associates Chartered Accountant Keswick, Ontario LIPCHITZ & ASSOCIATES CHARTERED ACCOUNTANT Licensed Public Accountant If I conclude that a modification to my opinion on the financial statements is necessary, I will discuss the reasons with you in advance. If, for any reason, I am unable to complete the audit or are unable to form, or have not formed, an opinion, I may withdraw from the audit before issuing an auditor's report or we may disclaim an opinion on the financial statements. If this occurs, I will communicate the reasons and provide you details of any misstatements identified during the audit. Use and Distribution of My Report The examination of the financial statements and the issuance of my audit opinion are solely for the use of Maurice Brenner and those to whom my report is specifically addressed by me. I make no representations of any kind to any third party in respect of the financial statements and I accept no responsibility for their use by any third party. I ask that my name be used only with my consent and that any information to which I have attached a communication be issued with that communication unless otherwise agreed to by me. Reproduction of Auditor's Engagement Report If reproduction or publication of my audit report (or reference to my report) is planned in an annual report or other document, including electronic filings or posting of the report on a website, a copy of the entire document should be submitted to me in sufficient time for my review before the publication or posting process begins. Management is responsible for the accurate reproduction of the financial statements, the auditor's report and other related information contained in an annual report or other public document (electronic or paper-based). This includes any incorporation by reference to either full or summarized financial statements that I have audited. I are not required to read the information contained in your website, or to consider the consistency of other information on the electronic site with the original document. Management's Responsibilities My audit will be conducted on the basis that management �in this instance being the Candidate] acknowledge and understand that they have responsibility: a) For the preparation and fair presentation of the financial statements in accordance with the Canadian accounting standards for private enterprises; � b) For such internal control as management determines is necessary to enable the preparation of financial statements that are free from material misstatement, whether due to fraud or error; and c) To provide me with: i) Unrestricted access to persons within the entity from whom I determine it is necessary to make inquiries; ii) Access to all information of which management is aware that is relevant to the preparation of the financial statements such as records, documentation and other matters; and iii) Additional information that I may request from [management] for the purpose of the audit. As part of my audit process, I will request from management [in this instance being the Candidate] written confirmation concerning representations made to me in connection with the audit. Lipchitz & Associates Chartered Accountant Working Papers The working papers, files, other materials, reports and work created, developed or performed by me during the course of the engagement are the property of my Firm, constitute confidential information and will be retained by me in accordance with my Firm's policies and procedures. File Inspections In accordance with professional regulations (and by Firm policy), my client files may be periodically reviewed by practice inspectors, and by other file quality reviewers to ensure that I am adhering to professional and . Firm standards. File reviewers are required to maintain confidentiality of client information. Governing Legislation . This engagement letter is subject to and governed by the laws of the Province of Ontario. The Province of Ontario will have exclusive jurisdiction in relation to any claim, dispute or difference concerning this engagement letter and any matter arising from it. Each party irrevocably waives any right it may have to object to any action being brought in those courts, to claim that the action has been brought in an inappropriate forum, or to claim that those courts do not have jurisdiction. Indemnity Maurice Brenner hereby agrees to indemnify, defend (by counsel retained and instructed by me), and hold harmless my Firm and its partners, agents or employees, from and against any and all losses, costs (including solicitors' fees), damages, expenses, claims, demands or liabilities arising out of or in consequence of: a) The breach by Maurice Brenner, or its directors, officers, agents or employees, of any of the covenants made by Maurice Brenner herein, including, without restricting the generality of the foregoing, the misuse of, or the unauthorized dissemination of, my engagement report or the financial statements in reference to which the engagement report is issued, or any other work product made available to you by my Firm; and b) The services performed by me pursuant to this engagement, unless, and to the extent that, such losses, costs, damages and expenses are found by a court of competent jurisdiction to have been due to the negligence of my Firm. In the event that the matter is settled out of court, I will mutually agree on the extent of the indemnification to be provided by your company. Time Frames I will use all reasonable efforts to complete the engagement as described in this letter within the agreed upon time frames. However, I shall not be liable for failures or delays in performance that arise from causes beyond my control, including the untimely performance by Municipal Elections Act, 1996 (Section 78) of its obligations. Fees My professional fees will be based on regular billing rates plus direct out-of-pocket expenses and applicable HST and are due when rendered. Fees for additional services will be established separately. Termination If I elect to terminate my services for nonpayment, or for any other reason provided for in this letter, my engagement will be deemed to have been completed upon written notification of termination, even if I have not completed my report. You will be obligated to compensate me for all time expended, and to reimburse me for all my out-of-pocket costs, through the date of termination. Costs of Responding to Government or Legal Processes In the event I am required to respond to a subpoena, court order, government agency, or other legal process for the production of documents and/or testimony relative to information I obtained and/or prepared during the course of this engagement, you agree to compensate me at my normal hourly billing rates for the time I expended in connection with such response, and to reimburse me for all my out-of-pocket costs (including applicable HST) incurred. Lipchitz & Associates Chartered Accountant Use of Information It is acknowledged that I will have access to all personal information in your custody that I require to complete my engagement. My services are provided on the basis that: a) You represent to me that management has obtained any required consents for collection, use and disclosure to me of personal information required under applicable privacy legislation; and b) I will hold all personal information in compliance with my Firm's Privacy Statement. Communications In connection with this engagement, I may communicate with you or others via telephone, facsimile, post, courier and email transmission. As all communications can be intercepted or otherwise used or communicated by an unintended third party, or may not be delivered to each of the parties to whom they are directed and only to such parties, I cannot guarantee or warrant that communications from me will be properly delivered only to the addressee. Therefore, I specifically disclaim and waive any liability or responsibility whatsoever for interception or unintentional disclosure of communications transmitted by me in connection with the perFormance of this engagement. In that regard, you agree that I shall have no liability for any loss or damage to any person or entity resulting from the communications, including any consequential, incidental, direct, indirect, or special damages, such as loss of revenues or anticipated profits, or disclosure or communication of confidential or proprietary information. Not Liable For Any Failures or Delays Beyond My Control I will use all reasonable efforts to complete the engagement as described in this letter within the agreed-upon time frames. However, I shall not be liable for failures or delays in performance that arise from causes beyond my control, including the un#imely perFormance by your company of its obligations. Confidentiality � I will maintain the strictest confidence with respect to any client's or former client's information. Accordingly, your confidential information will not, without your consent, be disclosed to any individuals in my Firm beyond those who are engaged on your services. This policy applies to anyone outside the Firm, except as required by law or under the profession's Rules of Professional Conduct. Proceeds of Crime (Money Laundering) and Terrorist Financing Act The Proceeds of Crime (Money Laundering) and Terrorist Financing Act places legal requirements on me to report transactions that may be suspicious of being related to a money laundering or terrorist financing offence. It also requires my Firm to report large cash transactions that exceed $10,000, cross-border currency and monetary instruments that exceed $10,000, and whether I am in possession or control of property that is considered terrorist property. Finally, the Act requires my Firm ascertain the identity and existence of clients and other entities. To meet these obligations, I may have to report information about Maurice Brenner that might otherwise be confidential. The reporting of this information may place Maurice Brenner and this Firm in a conflict of interest. Should such a conflict arise this Firm may be required to withdraw from this engagement. Please be advised that I will do everything in my power to avoid such conflicts and that only information that is required will be disclosed. You hereby acknowledge this legal requirement placed upon this Firm and the potential conflict of interest that may arise as a result of it. You also hereby authorize this Firm to release and disclose information related to Maurice Brenner when required by statute to do so. Consequential Loss My Firm and its partners, officers or employees will not be responsible for any consequential loss, injury or damages suffered by the client including but not limited to loss of use, earnings and business interruption, or the unauthorized distribution of any confidential document or report prepared by or on behalf of my Firm, including the partners, officers or employees of the accounting Firm for the exclusive use of the client. Lipchitz & Associates Chartered Accountant Relevant Parties The client will not assert any claim for damages against my Firm unless the client has concurrently or previously asserted a claim against all other persons who might reasonably be liable in relation to that claim. Any release, waiver, or covenant to otherwise not sue or enforce any remedy known to law given by the client to a third party shall be deemed to apply in favour of my Firm. Third Parties These financial documents are prepared solely for the use of the client with whom I have entered into a contract and there are no representations of any kind made by me to any party with whom I have not entered into a written contract. Personal Fee Guarantee � In consideration for the services rendered by this accountant to the company, the undersigned personally guarantees payment of all invoices rendered in connection with terms of this engagement. This engagement letter includes the relevant terms that will govern the engagement for which it has been prepared. The terms of this letter supersede any prior oral or written representations or commitments by or between the parties. Any material changes or additions to the terms set forth in this letter will only become effective if evidenced by a written amendment to this letter, signed by all of the parties. The above terms of engagement will be effective from year to year unless amended or terminated in writing. Lipchitz & Associates Chartered Accountant If you have any questions about the contents of this letter, please raise them with me. If the services outlined are in accordance with your requirements and if the above terms are acceptable to you, please sign the copy of this letter in the space provided and return it to me. I appreciate the opportunity of continuing to be of service to your company. Yours truly, LIPCHITZ & ASSOCIATES � �,,/ Joel Lipchitz, CPA, CA Acknowledged and agreed to on behalf of Maurice Brenner by: As a representative of Maurice Brenner ,,�- ,r .-� � _,_ . �' , � Mr Maurice Brenner, �� ... !�� `� .�� Date signe As an individual guarantor � � ,r�°°�=�--rLL�'�.�.------- � �p,,. M�- Ma rice Brenner, � � f `� , Date signed Lipchitz & Associates Chartered Accountant