UFCWU, Local 175 v. Copper River Inn and Conference Centre, 2020 ONSC 5203

CITATION: UFCWU, Local 175 v. Copper River Inn and Conference Centre, 2020 ONSC 5203

COURT FILE NOS.: DC 20/001 (Thunder Bay)

DATE: 20200831

SUPERIOR COURT OF JUSTICE – ONTARIO – DIVISIONAL COURT

RE: United Food and Commercial Workers Union, Local 175 v. Copper River Inn and Conference Centre

COUNSEL: Georgina Watts, for the Applicant / Responding Party

Warren A. Mouck, for the Respondent / Moving Party

BEFORE: D.L. Corbett J.

DATE: August 31, 2020

CASE MANAGEMENT ENDORSEMENT

[1] This endorsement reflects a case management teleconference held on August 31, 2020.

[2] This is an application for judicial review from a decision of Arbitrator Dana Randall respecting a grievance filed by the union on behalf of a union member after that member was sexually assaulted while she was working (2019 43053 (LA)).

[3] The applicant filed an affidavit of Tracy Stubbs sworn in March 2020 in respect to the application. The respondent took the position that this affidavit is inadmissible on this application for judicial review. The applicant amended the affidavit by deleting portions of it in June 2020. The respondent is still of the view that the affidavit is inadmissible and so wishes to move to strike it before a single judge of the Divisional Court. This case management teleconference is to schedule the respondent’s motion to strike.

[4] The motion shall proceed before a single judge of the Divisional Court on a date in October 2020 to be fixed with counsel.

[5] The motion will be heard by ZOOM videoconference. The court will provide the parties with the link for the videoconference in due course. Neither counsel nor the court shall gown.

[6] The moving party’s materials shall be served by September 11, 2020. Respondent’s materials shall be served by September 25, 2020.

[7] The moving party’s 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 September 30, 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 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 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 sheet setting out the name(s) of all persons 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 a party intends to refer in oral argument.

(i) All documents for use in the hearing are to be uploaded to the drop box by September 30, 2020, except that compendiums for oral argument, counsel sheets and costs materials may be uploaded by two business days prior to the hearing.

[8] 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, and to pay any required court fees, once the suspension of ordinary court operations is lifted.

[9] The parties are to schedule a further case management teleconference to schedule this case through to a return date for the application once they have received the court’s decision on the motion to strike.

[10] 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 31, 2020