Tallman Truck v. KSP Holdings, 2020 ONSC 4663

CITATION: Tallman Truck v. KSP Holdings, 2020 ONSC 4663

COURT FILE NO.: 240/20

DATE: 20200731

SUPERIOR COURT OF JUSTICE - DIVISIONAL COURT - ONTARIO

RE: Tallman Truck v. KSP Holdings

BEFORE: D.L. Corbett J.

COUNSEL: Jordan Katz for the Moving Party

Sarah Corman and Jeffrey Feiner for the Responding Party

DATE: July 31, 2020

CASE MANAGEMENT ENDORSEMENT

[1] This endorsement reflects a case management teleconference held on July 3, 2020.

[2] This motion for leave to appeal from the decision of Faieta J. (2020 ONSC 549) shall proceed in writing before a panel of three judges of the Divisional Court during the week of August 24, 2020 or the week of August 31, 2020.

[3] The moving party’s materials have been served already. The responding party’s materials shall be served by August 5, 2020. Any reply materials shall be served by August 14, 2020.

[4] 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 14, 2020.

(a) All documents other than factums 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 are to be filed in Word and pdf formats. 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 online database version of cases. The only exceptions to this principle are authorities not available on the online database, such as excerpts from textbooks, foreign law, or Canadian decisions not reported on the online database: 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) 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.

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

[5] 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.

[6] 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.

[7] 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 31, 2020