Shima Heidari

The moving party brought a motion for leave to appeal the decision of the lower court judge.

The Divisional Court granted the motion for leave to appeal, with costs reserved to the panel hearing the appeal.

The applicant brought an urgent motion for an interim stay pending an application for judicial review.

The parties sought a consent adjournment of the motion.

The court granted the adjournment on consent, ordering that the interim interim stay remain in place until the motion is heard, the application is decided, or the parties consent to lift it.

A case conference was held to address procedural issues arising from a prior endorsement in an Indigenous land claim action.

The court determined the content and scope of a notice to be delivered to Haudenosaunee communities, ruling that the defendants could state their position in the notice and that delivery would not be expanded to Treaty 18 and 19 beneficiaries to avoid undue complexity.

The court also held that no special communications protocol was necessary and declined to order the proposed intervener, Men's Fire, to deliver a pleading.

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.

The plaintiffs commenced an occupiers' liability action after one plaintiff allegedly struck her head on a staircase in the defendants' building.

At a pre-trial conference, the pre-trial judge ordered the appointment of a court expert to report on liability and human factors, despite objections from the defendants and the plaintiffs' objection to paying the costs.

The pre-trial judge provided no reasons for the order.

The defendants appealed.

The Divisional Court allowed the appeal and set aside the order, holding that the pre-trial judge erred by failing to provide reasons and by issuing an order that required the expert to investigate and weigh evidence, thereby usurping the role of the trier of fact.

The moving parties brought a motion for leave to appeal from the order of J. Wilson J. dated August 5, 2020.

The Divisional Court allowed the motion for leave to appeal without costs.