Craft Acquisition Corp. v. City of Toronto

CITATION: Craft Acquisition Corp. v. City of Toronto, 2020 ONSC 3675

DIVISIONAL COURT FILE NOS.: 430/19 and 431/19

DATE: 2020-06-11

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: Craft Acquisition Corp. v. City of Toronto

BEFORE: D.L. Corbett J.

COUNSEL: Chris Paliare, Richard Stevenson, Ira Kagan and Kristie Jennings for the Moving Parties Craft Acquisition Corp. and P.I.T.S. Developments Inc.

Cynthia Kuehl, Lindsay Woods and Michael Krygier-Baum for the Moving Parties Canadian National Railway and Toronto Terminals Railway Company

Brendan O’Callaghan, Kirsten Franz and Nathan Muscat for the Responding Party City of Toronto

Stan Flora for the Local Planning Appeals Tribunal

ENDORSEMENT

[1] This endorsement reflects a case management teleconference held on June 10, 2020.

[2] The two motions for leave to appeal the decision of the Local Planning Appeals Tribunal (“LPAT”) dated July 11, 2019 (2019 ONLPAT 64645) shall proceed before a single judge of the Divisional Court on July 20, 2020 for an estimated 1.0 day. The hearing shall proceed by videoconference using ZOOM. The court will provide the parties with the videoconference link by email in due course.

[3] Neither counsel nor the court shall gown for the hearing.

[4] These motions were scheduled to proceed on March 9, 2020. They were adjourned on consent to await an LPAT decision in related proceedings. That decision was released on May 28, 2020, and the parties now wish to proceed with the motions for leave to appeal. There are two motions for leave to appeal arising out of the same LPAT decision. Both motions shall be placed before one judge and shall be argued together as that judge directs.

[5] All materials have been filed for these motions already. The parties need to render these materials in pdf format for delivery to the court for the hearing. Counsel for CNR/TTR 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 26, 2020.

(a) All documents other than factums 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 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) 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) The parties shall file counsel sheets showing all counsel appearing on the record, with time estimates for each counsel who will speak during the hearing. Counsel shall agree among themselves on the division of time; if counsel cannot agree then they shall seek further case management direction from the court.

(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 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.

(i) All documents for use in the hearing are to be uploaded to the drop box by June 26, 2020, except that compendiums for oral argument, counsel sheets and costs materials may be uploaded by July 16, 2020.

[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.”

June 11, 2020