Court File and Parties

Citation: Rayonier v. IESO, 2020 ONSC 3574

Court File No.: TBA

Date: 2020-06-08

Superior Court of Justice - Divisional Court - Ontario

Re: Rayonier v. IESO

Before: D.L. Corbett J.

Counsel: George Vegh and Julie Parla, for Rayonier Neil Campbell, Nicole Rosario and Adam Chisholm, for the IESO

Case Management Endorsement

[1] This endorsement reflects a case management conference conducted by teleconference on June 5, 2020.

[2] The applicant seeks judicial review of decisions of the IESO made on May 26 and May 29, 2020. The applicant has served a notice of application and motion materials seeking an interim stay but has not yet had time to serve all of its materials for the underlying application. Based on what it has seen thus far, IESO will oppose an interim stay and will move to quash the underlying application for prematurity.

[3] Rayonier shall serve all of its application materials by June 12, 2020. IESO shall deliver its responding materials to Rayonier’s motion for an interim stay, and its own motion materials to quash the underlying application for prematurity, by June 22, 2020. Rayonier shall serve its responding materials to IESO’s motion to quash for prematurity by July 10, 2020. The motion for an interim stay and the motion to quash for prematurity shall be heard together, by a single judge of the Divisional Court, for an estimated one day, on July 28, 2020. IESO need not serve its responding record on the underlying application until a date to be fixed in case management after disposition of the motions scheduled for July 28th.

[4] The motions on July 28, 2020 shall take place by videoconference using ZOOM. The court will provide counsel with log-in details for the conference in due course, by email.

[5] Counsel for Rayonier shall establish an electronic drop box for all motions materials and shall provide the court with the link and password for the drop box by July 10, 2020.

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

(b) Documents should be labelled in a manner that identifies them clearly for the court 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 are to be filed in both Word and pdf versions. 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 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) 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.

(f) Each party shall file a counsel sheet setting out the name(s) of all counsel appearing at the hearing and the 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) Factum Compendiums, described above; and

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

(i) All documents for use on the motions are to be uploaded to the drop box by July 10, 2020, except that compendiums for oral argument, counsel sheets and costs materials may be uploaded by July 24, 2020.

[6] There are issues about interim relief pending disposition of the motions to be heard on July 28, 2020. Based on preliminary discussions during the case management teleconference, the court hopes that the parties will be able to agree to appropriate interim arrangements between themselves, failing which either party may return the issue of interim relief before me by way of teleconference.

D.L. Corbett J.

Date: June 8, 2020