CITATION: Briggs v. Durham Regional Police Services Board, 2020 ONSC 3738

COURT FILE NO.: DC 243/19

DATE: 20200615

SUPERIOR COURT OF JUSTICE - DIVISIONAL COURT - ONTARIO

RE: Briggs v. Durham Regional Police Services Board and HRTO

BEFORE: D.L. Corbett J.

COUNSEL: Toby Young, for the Applicant Briggs David Cowling and Alex Sinclair, for the Respondent Police Board Jason Tam and Katia Snukal, for the HRTO

CASE MANAGEMENT ENDORSEMENT

[1] This endorsement reflects a case management conference conducted by teleconference on June 9, 2020.

[2] This application for judicial review from two decisions of the Ontario Human Rights Tribunal (2017 HRTO 1457 and 2019 HRTO 565) respecting the effects of a prior decision of the HRTO (2015 HRTO 1712) shall proceed before a panel of three judges of the Divisional Court for an estimated 3.0 hours on August 6, 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] The applicant perfected the application in December 2019. Durham Police Services Board shall serve responding materials by June 26, 2020. HRTO shall serve responding materials by July 8, 2020. Any reply materials shall be served by July 15, 2020. All of these materials shall be in the drop box (described below) by July 22, 2020.

[4] Counsel 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 July 22, 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 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) Versions of 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 July 22, 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 August 6, 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 15, 2020