CITATION: Tremblar v. The Lighting Boutique, 2020 ONSC 4038
DIV COURT FILE NO.: CVD-WIN-25-20AP
SCJ FILE NO.: CV-13-20004
(Windsor)
DATE: 20200629
SUPERIOR COURT OF JUSTICE - DIVISIONAL COURT - ONTARIO
RE: Tremblar v. The Lighting Boutique
BEFORE: D.L. Corbett J.
COUNSEL: Anita Landry, for the Appellant
Michael Brzezinski, for the Respondent
CASE MANAGEMENT ENDORSEMENT
[1] This endorsement reflects a case management conference conducted by teleconference on June 29, 2020.
[2] This matter first came before me on April 17, 2020. The parties were not ready to proceed at that time and were told to arrange a further case management conference after they had exchanged materials. That exchange has now taken place and the parties are ready to schedule argument of this appeal.
[3] This appeal from the final order of King J. (2020 ONSC 1316) will proceed before a three judge panel of the Divisional Court on October 13, 2020, for an estimated 2.0 hours (1.0 hours each). The appeal shall take place by ZOOM videoconference unless the court subsequently advises the parties otherwise. Counsel shall be provided information to link to the videoconference in due course by email.
[4] It does not appear that Justice King’s decision is reported; appellant’s counsel shall forward a copy of the decision to the court by email forthwith.
[5] The appellant’s materials have been served already. Responding materials shall be served by July 6, 2020. Any reply materials shall be served by August 7, 2020.
[1] Counsel for the appellant shall establish a password-protected download-only electronic drop box from which all case materials may be downloaded and shall provide the court with the URL and password by August 7, 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 members of the panel 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) Where possible, 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, such as excerpts from textbooks, foreign law, or Canadian decisions not reported: 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, such as excerpts from textbooks, foreign law, or Canadian decisions not reported: 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) The parties shall file counsel sheets setting out the names of all counsel appearing on the record in the appeal, and indicating the time estimate for each counsel making oral submissions to the court.
(h) All parties are permitted to (but are not required to) file a factum compendium (described above) and a compendium for oral argument in addition to documents permitted under the Rules.
[5] Counsel advise that an endorsement on costs has not yet been released by the court below. If the costs endorsement is released prior to the hearing of this appeal, the parties may file a supplementary record including the costs decision, and any additional materials that may be appropriate in respect to the issue of costs. If either side seeks to raise costs as a separate issue on appeal, the parties shall arrange a further case management teleconference.
[6] Divisional Court has assigned temporary file number CVD-WIN-25-20AP to this file. Counsel are asked to use this temporary file number on their documents. Once the courts resume ordinary operations, the parties will be required to obtain a proper file number from the Divisional Court office in London, file one paper copy of all materials filed in connection with this appeal, and pay any court fees ordinarily payable in this case.
[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 29, 2020