CITATION: Chiarelli v. Ottawa (City of), 2020 ONSC 5118
COURT FILE NO.: (Ottawa)
DATE: 20200826
SUPERIOR COURT OF JUSTICE - DIVISIONAL COURT - ONTARIO
RE: Chiarelli v. Ottawa (City of)
BEFORE: D.L. Corbett J.
COUNSEL: Mr Sevigny for the Mr Chiarelli Mr Caza and Ms Dupont for Ottawa Ms Wilkes for the Integrity Commissioner
DATE: August 26, 2020
CASE MANAGEMENT ENDORSEMENT
[1] This endorsement reflects a case management teleconference held on August 12, 2020.
[2] This application shall proceed before a panel of three judges of the Divisional Court on January 13, 2021 by videoconference for an estimated 1.0 days. Log-in information shall be provided to counsel in due course by email. The hearing shall be streamed on YouTube to permit public access to the hearing.
[3] The Record of Proceedings shall be served by August 28, 2020. The applicant’s materials shall be served by September 25, 2020. Responding materials shall be served by October 23, 2020. Reply materials shall be served by November 6, 2020. Any cross-examinations shall be conducted on a schedule to be agreed between counsel during the week of November 9, 2020. The applicant’s factum shall be served by December 4, 2020. Responding factums shall be served by December 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 December 17, 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. Factums should contain hyperlinks to 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 authorities in the factums are to provide hyperlinks to the version of cases. The only exceptions to this principle are authorities not available on, such as excerpts from textbooks, foreign law, or Canadian decisions not reported on: 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 authorities 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) Parties shall file counsel sheets listing the names of all counsel appearing on the record, with time estimates beside the names of counsel who will be presenting 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
[5] All materials shall be uploaded to the file sharing platform by December 17, 2020, excepting only compendiums for oral argument, costs materials and counsel sheets, which may be uploaded by January 11, 2021.
[6] Parties are required to file one paper copy of any document filed for the hearing once the suspension of ordinary court operations is lifted, and to pay any applicable court fees.
[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.
[8] If any issue arises prior to return of this application, counsel may arrange a further case management teleconference with an administrative judge of the Divisional Court.
D.L. Corbett J.
Date: August 26, 2020