Court File and Parties

CITATION: Aslezova v. Khanine, 2020 ONSC 3701

DIV. COURT FILE NO.: TBA

SCJ FILE NO.: FS-15-047776-01 (Newmarket)

DATE: 20200612

SUPERIOR COURT OF JUSTICE - DIVISIONAL COURT - ONTARIO

RE: Aslezova v. Khanine

BEFORE: D.L. Corbett J.

COUNSEL: Eli Karp – for the Respondent/Appellant Paul Mazzeo – for the Applicant/Respondent

CASE MANAGEMENT ENDORSEMENT

[1] By endorsement dated May 12, 2020, this court denied an interim stay, made provision for a motion for an interlocutory stay, and scheduled the underlying appeal in this case for June 30, 2020 (2020 33567). The court indicated that a further endorsement would be provided respecting the underlying appeal. Counsel had suggested that the appeal could be rendered moot if the stay was not granted. No motion was brought for an interlocutory stay. The court asked counsel to confirm that the appeal was not now moot and would be proceeding as scheduled. By email dated June 11, 2020, counsel for the appellant advised that “[t]he appeal is proceeding.” This endorsement provides the directions stated for the appeal during the case management teleconference of May 12, 2020.

[2] The appeal from the decision of G. MacPherson J. (unreported) shall be heard by a panel of three judges of the Divisional Court on June 30, 2020 for an estimated one-half day. The hearing shall be by ZOOM videoconference. Log-on details will be provided to the parties by email in due course.

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

[4] The appeal was to be perfected by the appellant by May 27, 2020. Responding materials are due on June 16, 2020. Counsel are to establish an electronic drop box for all appeal materials and to provide the court with the link and password for the drop box by June 16, 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) The 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 appeal are to be uploaded to the drop box by June 16, 2020, except that compendiums for oral argument, counsel sheets and costs materials may be uploaded by 12 noon on June 29, 2020.

[5] The court regrets delivering this endorsement late; the court had expected to hear further from the parties respecting the motion for an interlocutory stay. The court infers from the parties’ silence since the teleconference on May 12th that they have proceeded in accordance with the court’s oral directions at the teleconference. If the late release of this endorsement poses difficulties for the parties with proceeding with the appeal as scheduled on June 30, 2020, they should arrange an immediate teleconference with the court.

[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.

Date: June 12, 2020