Court File and Parties

CITATION: 2676547 Ontario Inc. v. Elle Mortgage Corp., 2020 ONSC 4801

COURT FILE NO.: TBA

DATE: 20200810

SUPERIOR COURT OF JUSTICE - DIVISIONAL COURT - ONTARIO

RE: 2676547 Ontario Inc. v. Elle Mortgage Corp.

BEFORE: D.L. Corbett J.

COUNSEL: John Lo Faso and Julie Romita for the Plaintiff/Moving Party

Richard J. Worsfold for the Defendant/Responding Parties Tavasys Telecom Inc. and Danny Tavares

DATE: August 10, 2020

CASE MANAGEMENT ENDORSEMENT

[1] This endorsement reflects a case management teleconference held on August 10, 2020.

[2] This motion for leave to appeal from the decision of Pinto J. (2020 ONSC 4595), dismissing the appeal from the interlocutory order of Master Josefo discharging a certificate of pending litigation (2020 ONSC 4463), shall proceed in writing before a panel of three judges of the Divisional Court during the week of September 8, 2020.

[3] The moving party’s materials shall be served by August 24, 2020. The responding party’s materials shall be served by September 3, 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 12 noon, September 4, 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.

(c) Factums are also to be filed in Word format. 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 version of cases. The only exceptions to this principle are authorities not available online, such as excerpts from textbooks, foreign law, or Canadian decisions not reported online: 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.

[5] Parties are required to file one paper copy of any document filed for the motion with the court in paper form once the suspension of ordinary court operations is lifted and to pay any applicable court fees.

[6] Counsel for the Moving Party shall obtain a temporary Divisional Court file number from Toronto Divisional Court staff and the parties shall use this temporary number on their documents.

[7] The moving party also wishes to move for a stay of the order of Master Josefo pending final determination of the motion for leave to appeal. The court has scheduled an early exchange of materials and an early return date of the motion for leave to appeal to mitigate the prejudice of delay for the parties. The parties will try to agree on without prejudice terms to obviate the need for a stay motion. If they cannot agree, then the parties may arrange an urgent case management conference with me, on short notice, for interim interim terms, a return date for a stay motion, and rescheduling of the motion for leave to appeal on a non-expedited basis.

[8] 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: August 10, 2020