Court File and Parties
CITATION: Orchdale Homes v. Scamurra, 2020 ONSC 4652
COURT FILE NO.: Small Claims Court Files: 18-00004107-0000 18-00004107-00D1 (Brampton)
DATE: 20200731
SUPERIOR COURT OF JUSTICE - DIVISIONAL COURT - ONTARIO
RE: Orchdale Homes v. Scamurra
BEFORE: D.L. Corbett J.
COUNSEL: Dante Spadacini, for the Appellant M. Kazandji, for the Respondent
DATE: July 31, 2020
CASE MANAGEMENT ENDORSEMENT
[1] This endorsement reflects a case management teleconference held on July 2, 2020.
[2] This is an appeal from the decision of Deputy Judge R. Greene of the Small Claims Court in Brampton dated May 11, 2020. As of the time of the case management teleconference, the deadline for filing costs submissions had not yet passed and the court had not yet rendered its costs decision.
[3] The appellant shall serve its notice of appeal, which service shall be deemed to be issuance of the notice of appeal having the effect of staying the judgment pending disposition of the appeal.
[4] The parties shall try to agree on a schedule for exchange of appeal materials and shall, by August 21, 2020, advise the court by email of their scheduling agreement, or they shall arrange a further case management teleconference with the court.
[5] The appeal shall proceed before a single judge of the Divisional Court on a date to be scheduled by the court upon receipt of the parties’ agreed schedule or at the next case management teleconference.
[6] Counsel for the respondent was unable to join the teleconference on July 2nd (for reasons unknown to the court). However, the directions set out above should be sufficient to advance the case and should not prejudice the position of the either party in the mean time.
[7] Finally, the court provided a suggestion to appellant’s counsel for a possible resolution of this appeal with a view to saving both sides time and money. If the both sides would like to convene a case management teleconference with this court on the issue of settlement, arrangements may be made through the Divisional Court office.
[8] This endorsement is effective from the time an unsigned copy is sent by email to the parties. A signed copy of the endorsement will be forwarded in due course.
D.L. Corbett J.
Date: July 31, 2020