CITATION: Loops, LLC v. Maxill Inc., 2020 ONSC 3409
DIVISIONAL COURT FILE NO.: TBA
FILE NO: 2447-16
(Southwest Region)
DATE: 20200601
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: LOOPS, LLC, Plaintiff/Moving Party
AND:
MAXILL INC., Defendant/Responding Party
BEFORE: D.L. Corbett J.
COUNSEL: A. Sulzenko and K. Macdonald, for the Plaintiff/Appellant
S. Dimeo, for the Defendant/Respondent
ENDORSEMENT
[1] Leave to appeal the decision of Templeton J. (2020 ONSC 971) was granted on May 1, 2020 (2020 ONSC 2726). This endorsement reflects a case management teleconference held on May 15, 2020 to schedule for the appeal.
[2] This appeal will be heard by a panel of three judges of the Divisional Court on September 2, 2020, for an estimated one day.
[1] The hearing will be conducted as a video conference. ZOOM technology will be used. Further details about the videoconferencing process will be provided to counsel by email.
[2] 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.
[3] Counsel for the appellant shall establish a password-protected download-only electronic drop box from which all case materials may be downloaded and shall provide the court with the URL and password by August 14, 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) A Factum Compendium, described above; and
(ii) A compendium 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 August 14, 2020, except that compendiums for oral argument, counsel sheets and costs materials may be uploaded by August 28, 2020.
[4] 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.
[5] The parties shall obtain a temporary file number from Divisional Court staff. The parties shall be required to file one paper copy of all materials on the motion for leave to appeal and one copy of all materials filed on the appeal itself, in the appropriate Divisional Court office, and to pay applicable court fees for this case, once the court resumes ordinary operations following the suspension of ordinary operations because of the COVID-19 crisis.
[6] The sealing order made in the courts below continues to apply in this court. If counsel have issues respecting implementation of the sealing order in the context of a hearing where all materials are filed electronically, they may raise their issues with this court by email.
“D.L. Corbett J.”