Court File and Parties

CITATION: Society of United Professionals v. New Horizon System Solutions, 2020 ONSC 2211

COURT FILE NO.: DC 19/264

DATE: 2020-04-09

SUPERIOR COURT OF JUSTICE - DIVISIONAL COURT - ONTARIO

RE: The Society of United Professionals v. New Horizon System Solutions and Ontario Labour Board

BEFORE: D.L. Corbett J.

COUNSEL: Jeffrey M. Andrew and Balraj Dosanjh – for the Applicant Daryn Jeffries and Alexandra Jamieson – for New Horizon Aaron Hart – for OLRB

CASE MANAGEMENT ENDORSEMENT

[1] This application will proceed on May 7, 2020, for an estimated 3.0 hours, before a panel of three judges.

[2] The hearing will be conducted as a video conference. ZOOM technology will be used. Further details about the videoconferencing process will follow in a subsequent endorsement.

[3] Neither counsel nor the court will gown for the hearing. Instead, business attire is required for anyone with a speaking role in the hearing. All parties must ensure that they participate in the videoconference from appropriate surroundings and that they (and the Court) will not be interrupted or disturbed during the hearing.

[4] Counsel shall agree among themselves for a password-protected electronic dropbox from which materials may be downloaded. The party establishing the dropbox shall provide the court with the URL and password by April 27, 2020.

(a) All documents other than factums shall be uploaded to the drop box in pdf format.

(b) Documents should be labelled in a manner that identifies them clearly for members of the panel so that it is not necessary to open the document to understand what it is. Pages should be numbered sequentially within each pdf. If this is not practical, given the current state of the documents, then individual documents should be uploaded to the dropbox in pdf form, so that each document is clearly labelled, enabling the court to find document quickly during the course of the hearing.

(c) Factums are to be filed in Word version. Where possible, the factums should contain hyperlinks for authorities and, if possible, hyperlinks to a “Factum Compendium”, described below.

(d) Books of authorities containing the full text of authorities should not be uploaded to the dropbox. However, citations to cases in the factums are to provide, if possible, a hyperlink to the public database version of cases. The only exceptions to this principle are authorities not available on public databases, such as excerpts from textbooks, foreign law, or Canadian decisions not reported on public databases: these should be collected in a small brief of unreported authorities and filed electronically.

(e) Parties may file a “Factum Compendium” containing single pages or brief portions of cases cited, and brief portions of evidence from the record referenced in the factum, hyperlinked from the factum. Where portions of cases are included in a compendium, the title of proceedings and headnote should be included as well. Where portions of the record are included in a Factum Compendium, the first page of the document and identification of where it may be found in the record should also be provided. The only exceptions to this principle are authorities not available on public databases, such as excerpts from textbooks, foreign law, or Canadian decisions not reported on public databases: these should be collected in a brief of authorities and filed electronically.

(f) All parties are permitted to (but are not required to) file the following additional documents (in addition to documents permitted under the Rules):

(i) A version of their previously filed factum with hyperlinks to cases and/or evidence;

(ii) A Factum Compendium, described above; and

(iii) A compendium for oral argument, containing excerpts of evidence and authorities to which counsel intends to refer in oral argument.

(g) All documents for use in the hearing are to be uploaded to the dropbox by April 27, 2020, except that compendiums for oral argument may be uploaded any time prior to the hearing, so long as the panel is able to download these compendiums prior to the hearing.

[5] The Record from the OLRB is not currently in electronic format. It must be filed in electronic format by April 27th. The parties have agreed to work together to devise a way to render the Record electronically so that this may be done. If there are problems in doing this, the parties should contact the court immediately for directions.

[6] If counsel believe there are points from the case management conference that are not reflected in this endorsement, they should so advise the court by email as soon as they can.

[7] The court has endorsed its fiat on this endorsement this day; the unsigned version distributed to the parties today has the authority and effect of the signed version, a copy of which will be provided to the parties in due course after the suspension of ordinary court operations is lifted.

D.L. Corbett J.

Date: April 9, 2020