Court File and Parties

CITATION: Town of Petrolia and County of Lambton v. Waste Management of Canada Corp., 2020 ONSC 5214

COURT FILE NOS.: TBA

(London)

DATE: 20200831

SUPERIOR COURT OF JUSTICE – ONTARIO – DIVISIONAL COURT

RE: Town of Petrolia and County of Lambton v. Waste Management of Canada Corp.

COUNSEL: Cynthia Kuehl and Lindsay Woods, for the Moving Parties Bob Brazzeil for the Respondent Waste Management of Canada Corp. Jeffrey Feiner and Hilary Brown for Municipal Property Assessment Corp.

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 motion for leave to appeal the decision of the assessment Review Board dated July 13, 2020 in File No. WR 164343 shall proceed before a single judge of the Divisional Court in the South West Region on a date to be fixed after October 31, 2020, but not during the weeks of November 16 or November 23, 2020, for an estimated 0.5 days.

[3] The hearing shall be conducted by Zoom videoconference. The court shall provide counsel with the link for the hearing in due course by email.

[4] The moving parties shall serve all of their materials by email by September 21, 2020. Responding parties shall serve their materials by October 14, 2020. All motion materials shall be made available to the court, as described below, by October 21, 2020.

[5] 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 October 21, 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 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) 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 October 21, 2020, except that compendiums for oral argument, counsel sheets and costs materials may be uploaded by two business days prior to the hearing.

[6] The court expects to be transitioning to “Caselines” this fall for delivery of electronic documents to the court. If Caselines is available for use in Divisional Court proceedings by October 21, 2020, then the parties shall deliver their materials to the court using Caselines rather than by way of a file sharing platform provided by counsel for the moving parties.

[7] 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.

[8] The parties are to schedule a further case management teleconference to schedule this case through to a return date for the appeal if leave to appeal is granted.

[9] 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