Court File and Parties

Court File No.: DC 18/971 (Kitchener) SC-1696-16 (Kitchener) Date: 2020-04-17 Superior Court of Justice - Divisional Court - Ontario

Re: Mr. Towing Inc. v. Mercedes Benz Financial Services Canada Corporation

Before: D.L. Corbett J.

Counsel: Brian R. Kelly – for the Appellant Mr Towing Ron Aisenberg – for the Respondent Mercedes Benz Financial

Case Management Endorsement

[1] This appeal from Deputy Judge Winny of the Kitchener Small Claims Court (2018 82784) will proceed on May 12, 2020, for an estimated 2.0 hours, before Lococo J. sitting as a single judge of the Divisional Court.

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

[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 take reasonable steps to reduce the risk that the videoconferenced hearings will be interrupted or disturbed during the hearing by ambient sounds.

[4] Respondent’s counsel shall provide a password-protected electronic dropbox from which all case materials may be downloaded, and shall provide the court with the URL and password by May 1, 2020.

(a) All documents other than factums should 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 online version of cases. The only exceptions to this principle are authorities not available online, such as excerpts from textbooks, foreign law, or Canadian decisions not reported online: these should be collected in a small brief of unreported authorities and filed electronically.

(e) If Respondents’ counsel is not able to provide a hyperlinked factum or a list of hyperlinked authorities, then counsel may file a full-text electronic brief of authorities in the drop box.

(f) 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 online, such as excerpts from textbooks, foreign law, or Canadian decisions not reported online: these should be collected in a brief of authorities and filed electronically.

(g) 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.

(iv) Supplementary authorities.

(h) All documents for use in the hearing are to be uploaded to the dropbox by May 1, 2020, except that compendiums for oral argument may be uploaded by May 11, 2020, so that the appeal judge is able to download these compendiums for oral argument prior to the hearing.

(i) Parties are required to file a counsel sheet, setting out (a) all persons who will be appearing on the record; (b) the counsel making oral submissions; and (c) time estimates for each counsel making oral arguments.

[5] If counsel believe that 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. If issues arise between now and the hearing date, counsel may arrange another teleconference with the Divisional Court Administrative Judge.

[6] 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 17, 2020