Daniel Henry Mayo

This endorsement from a trial management conference addresses ongoing issues in consolidated actions, including delays in expert report completion by Welch LLP and concerns regarding the capacity of individual litigants, John McMurtry and Mildred McMurtry, to testify.

The court ordered Welch LLP to attend a continuation of the conference to provide a status update and set new deadlines, and noted a motion for a litigation guardian for John McMurtry was scheduled.

This endorsement from a trial management conference addresses ongoing issues in consolidated actions, including delays in expert report completion by Welch LLP and concerns regarding the capacity of individual litigants, John McMurtry and Mildred McMurtry, to testify.

The court ordered Welch LLP to attend a continuation of the conference to provide a status update and set new deadlines, and noted a motion for a litigation guardian for John McMurtry was scheduled.

The defendant, City of Winnipeg o/a Winnipeg Transit, moved to set aside service, dismiss/stay the action for lack of jurisdiction, or stay on forum non conveniens grounds.

The plaintiff, an Ontario resident, sued for breach of contract against Pattison Outdoor Advertising LP and for Charter rights breaches against both defendants, arising from refusal to display ads on Winnipeg Transit buses.

The court found no jurisdiction simpliciter over Winnipeg Transit, as no presumptive connecting factors to Ontario existed, and the plaintiff's claim of an agent-principal relationship between Winnipeg Transit and Pattison lacked factual foundation.

Even if jurisdiction were found, Manitoba was deemed the forum non conveniens due to the strong connection of the dispute to Winnipeg, where the contract between the defendants was made and the alleged Charter breach occurred.

The motion was granted, and the action was stayed.

This trial management conference addressed the need for financial evidence and share valuation for ongoing trials involving multiple parties and actions.

Due to the complexity of re-creating financial records and appraising real property, the parties consented to an order for the joint retention of a bookkeeper and an appraiser.

The trials scheduled for May 15, 2017, were adjourned, and further trial management conferences were scheduled to monitor progress.

Costs for the bookkeeper and appraiser services are to be paid from trust monies.

This trial management conference addressed the need for financial evidence and share valuation for ongoing trials involving multiple parties and actions.

Due to the complexity of re-creating financial records and appraising real property, the parties consented to an order for the joint retention of a bookkeeper and an appraiser.

The trials scheduled for May 15, 2017, were adjourned, and further trial management conferences were scheduled to monitor progress.

Costs for the bookkeeper and appraiser services are to be paid from trust monies.

Jim McMurtry, a defendant/plaintiff by counterclaim, brought a motion for an order addressing an additional financial review of Mic Mac Realty (Ottawa) Ltd. The parties agreed on the firm (Welch LLP) and that the review should cover 2012 forward, but disagreed on whether to include the 1999-2006 fiscal years.

Jim argued for the earlier period due to findings of a constructive trust, while John and Brenda McMurtry opposed it based on cost-benefit and document availability concerns.

The court, applying proportionality principles under Rule 1.04, ordered Welch LLP to conduct a review for both the 1999-2006 and 2012-forward periods, initially with limited documentation for the earlier period.

The court also ordered the joint retention of an expert for a valuation of Mic Mac shares.