N.M. v. Dufferin-Peel Separate School Board

CITATION: N.M. v. Dufferin-Peel Separate School Board, 2020 ONSC 4608

COURT FILE NO.: DC 145/20

DATE: 2020-07-29

SUPERIOR COURT OF JUSTICE - DIVISIONAL COURT - ONTARIO

RE: N.M. v. Dufferin-Peel Separate School Board

BEFORE: D.L. Corbett J.

COUNSEL: David Baker and Amanda Dimilta for the Applicants Nadya Tymochenko for the Respondent

CASE MANAGEMENT ENDORSEMENT

[1] This endorsement reflects case management directions given on July 15, 2020.

[2] This application for judicial review shall proceed before a panel of three judges of the Divisional Court on August 26, 2020.

[3] The hearing will be conducted as a video conference. ZOOM technology will be used. The parties will be advised of the log-in information by email in advance of the hearing.

[4] Neither counsel nor the court will gown for the hearing. Instead, business attire is required for anyone with a speaking role in the hearing.

[5] The materials have already been exchanged.

[6] Counsel shall provide a password-protected download-only drop box from which materials may be downloaded and shall provide the court with the URL and password by August 11, 2020.

(a) All documents other than factums, counsel sheets, bills of costs, and costs outlines 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.

(c) Factums, counsel sheets, bills of costs and costs outlines are to be filed in Word format. 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, 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 in the drop box.

(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.

(f) Each party shall file a counsel sheet setting out the name(s) of all counsel appearing at the hearing and confirming their estimated times for oral argument.

(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, 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) A version of their previously filed factum with hyperlinks to cases and/or evidence;

(ii) A Factum Compendium, described above; and

(iii) A compendium for oral argument, containing excerpts of evidence and authorities to which counsel intends to refer in oral argument.

(i) All documents for use in the hearing are to be uploaded to the drop box by August 11, 2020, except that compendiums for oral argument, counsel sheets and costs materials may be uploaded by August 24, 2020.

[7] Parties are required to file one paper copy of any document filed for the hearing that previously has not been filed with the court in paper form, once the suspension of ordinary court operations is lifted.

[8] If counsel believe there are points from the case management conference that are not reflected in this endorsement, they should so advise the court by email as soon as they can.

[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: July 29, 2020