CITATION: Massiah v. Justices of the Peace Review Council, 2020 ONSC 3720
COURT FILE NO.: DC 808/18
DATE: 20200612
SUPERIOR COURT OF JUSTICE - DIVISIONAL COURT - ONTARIO
RE: Massiah v. Justices of the Peace Review Council
BEFORE: D.L. Corbett J.
COUNSEL: Osborne Barnwell, for the Applicant Massiah
Matthew Gourlay, for the respondent JPRC
Brent Kettles and Joanna Chen, for the AG Ontario
CASE MANAGEMENT ENDORSEMENT
[1] This endorsement reflects a case management conference conducted by teleconference on June 12, 2020. It follows this court’s case management endorsement of May 20, 2020 (2020 ONSC 3273) and the decision of Penny J. released June 11, 2020, denying Mr Guiste’s motion for leave to intervene in this application as a party (2020 ONSC 3644).
[2] This application was scheduled to proceed on April 30, 2020. It should now proceed without further delay. It shall proceed before a panel of three judges of the Divisional Court on July 31, 2020 by ZOOM videoconference. Log-in details for the videoconference will be provided to the parties by the court in due course by email.
[3] Mr Barnwell may serve a reply factum no later than June 19, 2020.
[4] Counsel for the JPRC shall establish an electronic drop box for all application materials, and shall provide the court with the link and password for the drop box by June 26, 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 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 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 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) Versions of their previously filed factums with hyperlinks to cases and/or evidence;
(ii) Factum Compendiums, described above; and
(iii) 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 application 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 29, 2020.
[5] If any issues arise that could affect the return date for this matter on July 31, 2020, counsel shall arrange a further case management 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