CITATION: Linton v. Blaney McMurtry LLP, 2020 ONSC 5010
DIVISIONAL COURT FILE NO.: 111-20
DATE: 20200821
SUPERIOR COURT OF JUSTICE – ONTARIO
DIVISIONAL COURT
RE: Bernadine Theresa Linton, Applicant
AND:
Blaney McMurtry LLP, Respondent
BEFORE: D.L. Corbett J.
COUNSEL: Marc W. Kitay, for the Applicant
D. Barry Prentice, for the Respondent
HEARD at Toronto: August 21, 2020
ENDORSEMENT
[1] This endorsement reflects a case management teleconference held on August 21, 2020.
[2] The appeal of the final order of G. Roberts J. dated February 5, 2020 (unreported), shall be heard by a panel of three judges of the Divisional Court by Zoom videoconference on January 12, 2021, for an estimated 0.5 days. Sign-in directions will be provided to the parties in due course by Divisional Court staff. Neither counsel nor the court shall gown for the hearing.
[3] The appeal is from a judgment granted on a motion for summary judgment in a wrongful dismissal case. The record below does not include transcripts. The appellant shall serve her appeal materials by September 21, 2020. The respondent shall serve its responding materials by November 23, 2020. Any reply materials will be served by the appellant by December 7, 2020.
[4] Appellant’s counsel shall provide a password-protected download-only file-sharing platform from which materials may be downloaded and shall provide the court with the URL and password by December 9, 2020.
(a) All documents other than factums shall be uploaded to the file-sharing platform 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 file-sharing platform in pdf form, so that each document is clearly labelled, enabling the court to find documents quickly.
(c) Factums are to be filed in both pdf and Word formats. 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 file-sharing platform. 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 file-sharing platform.
(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 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 file-sharing platform by December 9, 2020, except that compendiums for oral argument, counsel sheets and costs materials may be uploaded by January 8, 2021.
[5] Parties are required to pay any applicable court fees and to file one paper copy of their materials in paper form, once the suspension of ordinary court operations is lifted.
[6] 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 21, 2020