Jeremy Adam Richler

During a Commercial List proceeding involving cross-applications between a technology services provider and a provincial agency, the court conducted a case conference addressing litigation management issues.

The court reviewed the parties’ progress under an agreed Litigation Plan, including pleadings exchange and initial documentary production consisting of thousands of documents.

The parties were directed to exchange annotated production requests identifying disputed categories and to meet to resolve disagreements.

A further case conference was scheduled to address remaining production disputes.

The court also encouraged the parties to organize disputed issues chronologically to clarify the technically interrelated events underlying the dispute.

During a Commercial List proceeding involving cross-applications between a technology services provider and a provincial agency, the court conducted a case conference addressing litigation management issues.

The court reviewed the parties’ progress under an agreed Litigation Plan, including pleadings exchange and initial documentary production consisting of thousands of documents.

The parties were directed to exchange annotated production requests identifying disputed categories and to meet to resolve disagreements.

A further case conference was scheduled to address remaining production disputes.

The court also encouraged the parties to organize disputed issues chronologically to clarify the technically interrelated events underlying the dispute.

Competing applications were brought concerning whether a contractual dispute arising from the termination of an agreement to design and build a diabetes registry should proceed by arbitration or litigation.

One party sought appointment of an arbitrator pursuant to the dispute resolution clause in the agreement, while the other sought to have the dispute determined through litigation in the Superior Court and consolidated with related defamation proceedings.

Before hearing the applications, the court proposed procedural options, and the parties agreed to proceed with litigation in the Superior Court under case management with an expedited trial schedule.

The applications were adjourned to a case conference to establish a litigation plan, and related defamation actions were transferred to the Commercial List for coordinated management.

Competing applications were brought concerning whether a contractual dispute arising from the termination of an agreement to design and build a diabetes registry should proceed by arbitration or litigation.

One party sought appointment of an arbitrator pursuant to the dispute resolution clause in the agreement, while the other sought to have the dispute determined through litigation in the Superior Court and consolidated with related defamation proceedings.

Before hearing the applications, the court proposed procedural options, and the parties agreed to proceed with litigation in the Superior Court under case management with an expedited trial schedule.

The applications were adjourned to a case conference to establish a litigation plan, and related defamation actions were transferred to the Commercial List for coordinated management.

The appellant appealed from a directed issue trial arising out of a dispute over the right to provide cable television services to apartment buildings after the landlord terminated its long-standing arrangement and entered into an exclusive agreement with a competitor.

The Court of Appeal held that the landlord's relationship with the appellant was governed by a contract that permitted termination, and the landlord's lawful exercise of that contractual right could not ground the appellant's tort claim.

Because the contractual component was dispositive, it was unnecessary for the trial judge or the appellate court to determine the broader intentional interference with economic relations issue.

The appeal was dismissed with costs.