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.

A case management conference was held to address the parties' efforts to clarify the scope of the plaintiff's claims.

The plaintiff delivered a proposed amended statement of claim following demands for particulars and written interrogatories.

The defendants required additional time to review the proposed claim to determine consent, timetable impacts, and the scope of any necessary motions.

A further case management conference was scheduled to address these issues.

A case management conference was held in an Aboriginal land claim action to address procedural issues.

The defendants sought clarification of the plaintiff's claims following the delivery of the plaintiff's expert reports.

The court directed the defendants to deliver demands for particulars and written interrogatories, and the plaintiff to respond or amend its statement of claim.

The court also amended the timetable for the delivery of expert reports due to delays.

Finally, the court ordered that parties must not disclose unfiled expert reports to non-parties, other than retained or potential experts, without first raising the issue in case management.

The Haudenosaunee Development Institute (HDI) brought a motion to be added as a party and appointed as a representative of the Haudenosaunee Confederacy in an action commenced by the Six Nations of the Grand River Band of Indians against Canada and Ontario.

Following case conferences, the parties and HDI consented to a timetable for the motion and terms for providing notice to potentially interested non-parties.

The court issued an order on consent setting out the timetable and the specific notice requirements.

In a case management conference, the plaintiff requested an amendment to the Discovery Timetable to allow more time to deliver written questions arising from the recent production of approximately 4,000 additional documents by the defendant.

The defendants did not dispute the need for additional time but questioned the structure of the questioning stages.

The court granted the amendment, extending the deadlines for the delivery of follow-up written questions and answers, and maintained the remainder of the timetable.

A case management conference was held to address amendments to the discovery timetable and issues arising from the recent production of approximately 4,000 documents by the defendant.

On consent, the court amended the discovery timetable while maintaining the existing expert report timetable.

The conference was adjourned to allow the defendant to investigate and clarify which of the recently produced documents were new versus already produced.

A case management conference was held to review the progress of the action.

The parties reported compliance with several steps in the established timetable, including the delivery of pleadings, supplementary affidavits of documents, and written examination questions.

However, due to the volume and scope of the written questions, the parties requested an adjournment to assess the time needed to respond.

The court adjourned the conference to allow the parties to confer and propose a variation to the 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.

The Monitor in a CCAA proceeding sought to declare void as an unjust preference $12 million in HST payments made by the insolvent debtor to the Canada Revenue Agency shortly before commencing a proposal proceeding.

The court dismissed the motion, finding that the payments were funded by an inter-company loan specifically earmarked for the tax liability, meaning the transaction was economically neutral to the debtor and did not prejudice the recovery of unsecured creditors.