Maxim Gabriel Shapiro

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 endorsement addresses three motions to intervene in a complex, long-standing action by the Six Nations of the Grand River Band of Indians (SNGR) against the Crown for breaches of duty and treaty obligations related to the Haldimand Proclamation.

The Haudenosaunee Development Institute (HDI) sought to intervene as a party, arguing it represented the true rights-holder and aimed to derail the litigation in favor of nation-to-nation negotiations.

The Mississaugas of the Credit First Nation (MCFN) sought to intervene as a party due to concerns about SNGR's expert evidence impacting MCFN's history and treaty rights.

Men's Fire of the Six Nations Grand River Territory sought to intervene in HDI's motion to oppose it.

The court granted Men's Fire leave to intervene in HDI's motion, denied HDI's motion to intervene in the main action (finding its interest not genuine, an abuse of process, and causing undue delay), and granted MCFN's motion to intervene in the main action with specific terms to manage its participation.

The Attorney General of Canada brought a motion seeking leave to examine three expert witnesses before trial.

The parties largely resolved the motion, leaving the court to adjudicate the quantum of interim costs payable by Canada to the plaintiff (Six Nations of the Grand River Band of Indians) and the costs of the motion.

The court awarded the plaintiff $150,000 in interim costs to indemnify for financial prejudice due to duplicated work and early incurred expenses from the pre-trial examinations.

The court declined to award costs for the motion itself, finding that all parties had compromised their positions and no exceptional circumstances warranted a costs award.

This endorsement from a case management conference addressed the timing for the delivery of the defendants' expert reports and the scheduling of motions to amend and strike pleadings.

The defendants sought to vacate expert report deadlines, arguing new claims required new experts.

The court largely denied this, granting only a brief extension for expert reports to June 9, 2023, with an exception for an ill expert.

The court also granted leave for the defendants' cross-motion to strike portions of the pleading, ordering it to be heard concurrently with the plaintiff's motion for leave to amend on June 30, 2023, emphasizing the need to settle pleading propriety before summer.

This case conference endorsement addresses several procedural issues in a complex litigation involving Six Nations of the Grand River Band of Indians, the Attorney General of Canada, and His Majesty the King in Right of Ontario.

Key issues include determining the venue for upcoming intervention motions, managing requests for participation from individuals in response to public notices, addressing the filing of a redacted motion record to protect privacy, setting procedures for evidentiary objections, approving a minor change to the online notice regarding hearing dates, and providing detailed CaseLines directions for electronic document management.

The court provided specific instructions for each of these procedural aspects to ensure the efficient and transparent progression of the litigation.

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.

This case conference endorsement addresses several procedural issues in ongoing litigation involving Six Nations of the Grand River Band of Indians against the Attorney General of Canada and His Majesty the King in Right of Ontario.

The endorsement finalizes the content of a notice for intervention motions, adjusts the timetable for cross-examinations and factum deliveries, resolves confidentiality concerns regarding expert reports appended to motion materials, and confirms the venue for intervention motion hearings.

The 12th Case Management Conference addressed the timetable for expert reports and pleading amendments in a complex Indigenous litigation.

The Plaintiff sought a simultaneous exchange of expert reports, arguing for procedural reciprocity and efficiency.

The Defendants advocated for a sequential timetable, asserting it would allow them to better understand and respond to the Plaintiff's case, aligning with common practice in similar complex litigation.

The court adopted the Defendants' sequential timetable for expert reports, finding no basis to deviate from established practice in complex land claims.

The court also granted leave for the Plaintiff to amend its Statement of Claim, with the formal filing deferred due to COVID-19 court closures.

The 11th Case Management Conference addressed the trial process and timetable for a complex action involving historic evidence.

The parties agreed to a bifurcated trial but disagreed on the degree of bifurcation.

The plaintiff proposed a four-phase structure (two liability, two remedies/crossclaims), while the defendants proposed a two-phase structure (all liability in Phase 1, all remedies/crossclaims in Phase 2).

The court adopted the two-phase structure, finding it more efficient and less prone to inconsistencies, while reserving the right for parties to seek further refinement at the pre-trial stage.

A detailed timetable for pleadings, discovery, and documentary production was also established to keep the action on track for a 2022 trial.

Nexen Energy commenced identical actions in Alberta and Ontario against ITP SA for damages arising from a pipeline rupture.

While the Purchase Order specified Ontario as the exclusive dispute resolution forum, ITP SA defended the Alberta action and sought to use the Ontario forum selection clause to have a discrete issue of law (interpretation of liability limits) adjudicated in Ontario via a Rule 21 motion before the Ontario action was stayed.

Nexen Energy moved to stay its own Ontario action.

The Master found "special circumstances" overriding the forum selection clause, preventing ITP SA from "slicing and dicing" the case.

The Master granted Nexen Energy's motion, permanently staying the Ontario action, and directed ITP SA's motion to Alberta, citing judicial economy, efficiency, and consistency, given the active case management in Alberta and the multi-party nature of the dispute.

The applicant, U.S. Steel Canada Inc., sought an extension of the stay of proceedings under the Companies’ Creditors Arrangement Act (CCAA) to July 28, 2016.

United States Steel Corporation (USS) opposed, seeking a shorter extension and the imposition of conditions for disclosure of Phase II bids and an updated liquidation analysis.

The court granted the extension as requested by the applicant, finding that the applicant acted in good faith and with due diligence, and that a longer stay furthered the prospect of a successful restructuring.

The court denied USS's requests for a shorter extension and conditions, deeming them premature and potentially detrimental to the restructuring process, and found insufficient evidence of value destruction.

The applicants (Representative Counsel for non-unionized employees and retirees, USW Locals 1005 and 8782, and the City of Hamilton) sought "for counsel's eyes only" disclosure of a confidential settlement agreement between United States Steel Corporation (USS), U.S. Steel Canada Inc. (USSC), and the Government of Canada.

The motion was brought in the context of CCAA proceedings, with applicants arguing procedural fairness and a minor exemption from settlement privilege.

The court dismissed the motion, finding that the applicants failed to demonstrate how they would be prejudiced without access to the specific details of the undertakings in the agreement, or how the information was material to their claims or negotiations.

The court emphasized that there is no exemption from settlement privilege for the purpose of reviewing a document to determine if a public interest exists that would displace the privilege.

In a certified class proceeding concerning the partial wind-up of a supplemental retirement plan, the defendant insurer brought a refusals motion seeking production of income information, tax assessments, and projected retirement income from the representative plaintiff and certain subclass members.

The defendant argued the information was necessary for its actuarial expert to quantify potential damages.

The court held that the requested information related to individual damage quantification rather than the certified common issues, which were limited to liability and the methodology for calculating damages.

Because the trial judge had not yet determined the methodology for assessing damages or whether aggregate damages could be assessed, ordering production was premature.

The court also held that obtaining information from absent class members would require leave under s. 15 of the Class Proceedings Act.

The motion was dismissed.

The court dismissed both an application to set aside and an appeal from an accounting arbitration under an asset purchase agreement.

The moving party argued the arbitrator exceeded jurisdiction and made manifest errors by quantifying deferred-revenue adjustments without independent expert evidence.

The court held the arbitration agreement and engagement letter authorized determination and quantification of disputed deferred-revenue items, and that the award reflected a factually grounded analysis of known costs and contingency risk allocations.

The high threshold for court intervention was not met.

A mining corporation sought an interlocutory injunction preventing major shareholders from voting their shares or soliciting proxies in an upcoming shareholder meeting, alleging breach of a confidentiality agreement and misuse of confidential information obtained during a site visit.

The dissident shareholders also sought declaratory and injunctive relief relating to the conduct of the shareholder meeting under the Business Corporations Act.

The court applied the RJR‑MacDonald test and held that while the corporation established a strong prima facie case that confidential information had been received, it demonstrated only a weak case that the information had been misused.

The balance of convenience favoured allowing the proxy contest to proceed.

The court also declined to interfere in advance with the conduct of the shareholders’ meeting, emphasizing corporate autonomy absent demonstrated impropriety.