Court File and Parties

CITATION: Campbell v. 1493951 Ontario Inc., 2020 ONSC 3601

DIVISIONAL COURT FILE NO.: TBA

FILE NO: CV-20-649780

(Toronto)

DATE: 20200609

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: Campbell, Applicant/Moving Party

AND:

1493951 Ontario Inc., Respondent/Responding Party

BEFORE: D.L. Corbett J.

COUNSEL: Russell Bennett, for the Plaintiff/Moving Party

Rajneesh Kumar Sharda, for the Respondent/Responding Party 1493951 Ont. Inc.

Ryan J. Wilson, for the Respondent/Responding Party Tri-Echo Restaurants, Inc.

Endorsement

[1] This endorsement reflects a case management teleconference held on June 8, 2020.

[2] The plaintiff’s motion for leave to appeal the decision of Davies J. (2020 ONSC 3017) shall be heard in writing by a three judge panel of the Divisional Court during the week of July 13, 2020.

[3] The moving party’s materials shall be served by June 19, 2020. Responding materials shall be served by June 29, 2020.

[4] Counsel for Tri-Echo 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 June 30, 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 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 are to be filed in both pdf and Word 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 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) 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.

(g) All parties are permitted to (but are not required to) file a factum compendium (described above) in addition to documents permitted under the Rules.

(h) All documents for use in the motion are to be uploaded to the drop box by June 30, 2020.

[5] 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.

[6] 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.

[7] There was discussion about a transcript from the appearance before Davies J. As I understand it, no oral evidence was adduced during the hearing. Rather, the hearing was based on a written record of evidence and oral argument of counsel by teleconference. I confirmed to counsel that, ordinarily, a transcript of oral argument below is not filed in this court, and that it will be up to any party wishing to file a transcript to order, expedite and pay for a transcript in time to have the transcript available by June 30, 2020.

“D.L. Corbett J.”

June 9, 2020