Edward Duncan Harrison

This endorsement from a case conference addressed several procedural issues in a complex litigation involving Indigenous land claims.

The court provided directions regarding preparatory materials for upcoming out-of-court expert examinations, including the appointment of a hybrid commissioner and deadlines for expert report summaries and legal arguments.

The court also addressed a dispute regarding the scope of cross-examination of an expert witness, directing the parties to narrow issues concerning adversity of interest before seeking further judicial determination.

Finally, the court confirmed the appointment of a pre-trial judge and scheduled the next case conference.

This endorsement from a case conference addresses procedural issues in a complex litigation, specifically disputes regarding the admissibility of expert reports and estimates of trial length.

The court noted progress in resolving these issues and scheduled a further case conference to revisit them and receive an update on an expert witness's health.

This endorsement from a case conference addresses several procedural issues in a complex litigation.

It sets a timetable for a forthcoming motion by the Attorney General of Canada regarding the taking of evidence from certain witnesses before trial.

The court also noted Ontario's expected late delivery of expert reports, discussed the parties' differing estimates for trial length and scheduled a follow-up conference, and provided guidance on addressing concerns about trial presentation software (CaseLines).

This endorsement from a case conference addresses several procedural issues in a complex litigation, including the taking of expert evidence before trial, Canada's missed deadline for an expert report, the appointment of pre-trial and trial judges, the use of trial presentation software, and Ontario's Crown immunity defence.

The court scheduled a motion for expert evidence and provided directions for parties to prepare a trial timetable and discuss judicial assistance.

This case management conference endorsement addresses the timetable for a complex action, primarily focusing on the delivery of expert reports and amended pleadings.

The court resolved disagreements between the plaintiff, defendants, and intervener regarding deadlines for expert reports, particularly those from the Mississaugas of the Credit First Nation (MCFN) and experts who had been ill.

The court also set a deadline for Ontario's defence to Canada's cross-claim, prioritizing realistic timelines and efficiency over the plaintiff's desire for earlier closures.

This case management conference addressed the plaintiff's proposed amended statement of claim and the defendants' request to vary the timetable for expert reports.

The court scheduled the motion to amend the statement of claim.

Regarding the expert reports, the court was prepared to consider an extension but required more specific information from the defendants regarding which reports needed expansion, why, and the estimated time required, rather than vacating the date outright.

A further case management conference was scheduled to address the expert report timetable.

The appellants appealed the trial judge's award of costs in favour of the respondents following an unsuccessful trial.

The appellants had brought a claim for misfeasance in public office but discontinued it midway through trial after the trial judge identified that they lacked evidence for an essential element.

They sought to reopen the claim based on fresh evidence, which the trial judge rejected.

The appellants argued that no costs should be awarded due to the respondents' conduct, but this argument was based on the same evidence that had already been rejected in the misfeasance claim.

The Court of Appeal refused leave to appeal costs, finding that the trial judge had properly considered the respondents' conduct and reduced the costs award accordingly.