Citation and Court Information

CITATION: Smith v. Youthlink Youth Services, 2020 ONSC 4805

COURT FILE NO.:

DATE: 20200810

SUPERIOR COURT OF JUSTICE - DIVISIONAL COURT - ONTARIO

RE: Smith v. Youthlink Youth Services

BEFORE: D.L. Corbett J.

COUNSEL: Claire Millgate and Mary Birdsell for the Appellant Lonny Rosen and Clancy Cathlin for the Respondent Youthlink Linda Naidoo for Landlord and Tenant Board

DATE: August 7, 2020

CASE MANAGEMENT ENDORSEMENT

[1] This endorsement reflects a case management teleconference held on August 7, 2020.

[2] This appeal from the decision of Member Nathan Ferguson of the Landlord and Tenant Board, shall proceed before a panel of three judges of the Divisional Court on December 3, 2020 for 0.5 days.

[3] The appeal shall be heard by ZOOM videoconference unless the court subsequently orders otherwise. The parties will be provided with links to the videoconference by email from Divisional Court staff in due course. Neither counsel nor the court shall gown for the hearing.

[4] Transcripts are being sought and are expected in 2-3 weeks. The appellant shall serve all her appeal materials by September 25, 2020. The Respondents shall serve their appeal materials by October 23, 2020. Any reply materials shall be served by November 6, 2020.

[5] Counsel for the appellant 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 November 13, 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 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) 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.

(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 Factum Compendium, described above; and ii. 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 November 13, 2020, except that compendiums for oral argument, counsel sheets and costs materials may be uploaded by November 30, 2020.

[6] 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.

[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: August 10, 2020