Superior Court of Justice - Divisional Court - Ontario

CITATION: MacBrayne v. Lifelabs, 2020 ONSC 3767

DIV. CT. FILE NO.: TBA

FILE NOS.: CV-19-633029-CP, CV-20-636642-CP, -19-633194-CP

DATE: 20200616

RE: MacBrayne v. Lifelabs

BEFORE: D.L. Corbett J.

COUNSEL: Peter Waldmann and Brian McPhadden, for the Carter plaintiffs Ted Charney and Devra Charney, for the MacBrayne plaintiffs Jean-Marc Leclerc, Tina Yang and Tassia Poynter, for the Feldberg plaintiffs Dana Peebles for the defendants

CASE MANAGEMENT ENDORSEMENT

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

[2] There are two motions for leave to appeal the decision of Belobaba J. appointing carriage counsel for these proceedings (2020 ONSC 2674).

[3] The parties shall observe the following schedule for exchange of motion materials. Materials from both moving parties shall be served by June 19, 2020. All responding materials shall be served by July 3, 2020. Any reply materials shall be served by July 8, 2020. The two motions for leave to appeal shall be placed before a panel of three judges of the Divisional Court, in writing, the week of July 13, 2020.

[4] The parties shall cooperate to produce a joint record for use on both motions for leave to appeal in order to reduce duplication of materials. Respondents may file one set of materials in response to both motions (excepting that respondents may file either a consolidated factum for both motions, or may file separate responding factums for each motion, at the responding parties’ choice).

[5] The parties should not file any materials for these motions that are not necessary for the motions for leave to appeal the impugned decision appointing carriage counsel.

[6] Counsel Waddell/Sotos shall establish an electronic drop box for all materials for both motions for leave to appeal and shall provide the court with the link and password for the drop box by July 8, 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) 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.

(g) All parties are permitted to (but are not required to) file the following additional documents (in addition to documents permitted under the Rules): Factum Compendiums, described above.

(h) All documents for use on the application are to be uploaded to the drop box by July 8, 2020.

[7] If any issues arise that could affect the return date for this matter on July 13, 2020, counsel shall arrange a further case management teleconference with the court.

[8] The court observes a practice of conducting motions for leave to appeal in class actions in writing before a panel of three judges of the Divisional Court. No party to these motions objected to these motions for leave to appeal proceeding in this fashion.

[9] 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 16, 2020