Court File and Parties

CITATION: Leroux v. Ontario, 2020 ONSC 3018

COURT FILE NO.: DC 003/19

DATE: 20200513

SUPERIOR COURT OF JUSTICE - DIVISIONAL COURT - ONTARIO

RE: Leroux v. Ontario

BEFORE: D.L. Corbett J.

COUNSEL: Kirk Baert and Celeste Poltak for the Plaintiff/Respondent

Robert Ratcliffe, Zachary Green, D. Brent McPherson, Vanessa Glasser for the Defendant/Appellant

Jennifer L. Hunter and Jacqueline Palef for the Intervenor CCLA

CASE MANAGEMENT ENDORSEMENT

[1] This endorsement reflects a case management conference conducted by teleconference on April 29, 2020.

[2] This appeal from decisions of Belobaba J. (2018 ONSC 6452 and 2020 ONSC 1994) will proceed on June 17 and 18, 2020, for an estimated 2.0 days, before a panel of three judges of the Divisional Court.

[3] The hearing will be conducted as a video conference. ZOOM technology will be used. Further details about the videoconferencing process will be provided to the parties subsequently.

[4] 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 shall ensure that they participate in the videoconference from appropriate surroundings and that they take reasonable steps to reduce the risk of interruption or disturbance of the hearing.

[5] Counsel shall provide a password-protected download-only electronic drop box from which materials may be downloaded by the court, and shall provide the court with the URL and password by June 3, 2020.

(a) All documents other than factums, counsel sheets, bills of costs, and costs outlines 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 drop box in pdf form, so that each document is clearly labelled, enabling the court to find documents quickly during the course of the hearing.

(c) Factums, counsel sheets, bills of costs and costs outlines 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 drop box. However, citations to cases in the factums are to provide, if possible, a hyperlink to the version of cases. The only exceptions to this principle are authorities not available on, such as excerpts from textbooks, foreign law, or Canadian decisions not reported on: 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, such as excerpts from textbooks, foreign law, or Canadian decisions not reported on: these should be collected in a brief of authorities and filed electronically.

(f) Each party shall file a counsel sheet setting out the name(s) of all counsel appearing at the hearing and their estimated time for submissions.

(g) The parties shall file their agreement on the disposition of costs, or, if the parties have not agreed as to costs, then each party shall file its bill of costs and costs outline and any brief supporting materials relied upon in respect to costs. The court does not open costs materials until the conclusion of the hearing.

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

(i) Versions of their previously filed factums with hyperlinks to cases and/or evidence;

(ii) Supplementary factums to address the second decision of Belobaba J. (2020 ONSC 1994) [a schedule for exchange of these supplementary factums was discussed during the case management conference and agreed; if any problems arise in respect to it, counsel may arrange a further case management teleconference];

(iii) Factum Compendiums, described above; and

(iv) Compendiums for oral argument, containing excerpts of evidence and authorities to which counsel intends to refer in oral argument.

(i) All documents for use in the hearing are to be uploaded to the drop box by June 3, 2020, except that compendiums for oral argument, counsel sheets and costs materials may be uploaded by June 15, 2020.

[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: May 13, 2020