Court File and Parties
Citation: Bento v. Canning, 2020 ONSC 4037 Court File No.: DC 19/52 (Hamilton) Date: 2020-06-29 Superior Court of Justice - Divisional Court - Ontario
Re: Bento v. Canning
Before: D.L. Corbett J.
Counsel: Evan Presvelos and Sam Presvelos for Ms Bento Adam Jarvis for Ms Canning Brian Blumenthal and Katia Snukal for the LTB
Case Management Endorsement
[1] This endorsement reflects a case management conference conducted by teleconference on June 25, 2020.
[2] At the case management conference on May 25, 2020, the court scheduled this appeal from the interim decision of the Landlord and Tenant Board to proceed before a panel of three judges of the Divisional Court on July 7, 2020 (2020 ONSC 3338).
[3] During the case management conference on May 25th, the court advised counsel that all cases in Divisional Court are case managed by an Administrative Judge, and that the parties should seek directions or a further case management conference if any issue arose that could impact on the appeal proceeding as scheduled on July 7th.
[4] By email dated June 10, 2020, counsel advised that:
The parties at this time, require His Honour’s guidance with respect to an issue that has arose that may impact the status of the appeal.
The court requested staff to seek some description of the “issue” for the further teleconference, but inadvertently this request was not transmitted to the parties, and the teleconference was scheduled without any description of the circumstances requiring a further case management conference.
[5] Counsel advised during the teleconference that the issue concerns whether the case has been settled. Given the current schedule, the practical thing to do in respect to this issue is to place it before the panel. There are well established lines of authority concerning whether communications between counsel give rise to a binding settlement agreement, even in the absence of settlement documentation executed by the clients. There are also well established lines of authority respecting the included terms in a negotiated settlement of litigation.
[6] The parties are directed to exchange their materials on the issue of whether the case has been settled in time to put the materials in the drop box for the panel:
(a) The moving party’s materials will be served by June 29th; and
(b) The responding party’s materials will be served by July 3rd.
[7] The LTB takes no position on the settlement issue and will not be delivering materials in respect to it.
[8] The parties will confirm to the court on July 3rd that all motion materials respecting the moving to dismiss the matter as settled have been placed in the drop box.
[9] A copy of this endorsement should be forwarded to the panel by Divisional Court staff.
[10] 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 29, 2020