CITATION: Reflections Productions Canada Ltd. v. Ontario Media Development Corp., 2020 ONSC 5297
COURT FILE NO.: 315/19
DATE: 20200903
SUPERIOR COURT OF JUSTICE - DIVISIONAL COURT - ONTARIO
RE: Reflections Productions Canada Ltd. v. Ontario Media Development Corp.
BEFORE: D.L. Corbett J.
COUNSEL: Peter Waldmann, for the Applicant
Andy Jin, for the Respondent
DATE: September 3, 2020
CASE MANAGEMENT ENDORSEMENT
[1] This endorsement reflects a case management teleconference held on September 3, 2020. The applicant has served a notice of examination on the respondent which the respondent seeks to quash.
[2] The moving party shall serve its motion materials by September 21, 2020. The responding party shall serve its motion materials by October 16, 2020. The moving party shall serve any reply materials by October 23, 2020. Any cross-examinations shall be completed by October 30, 2020. The moving party’s factum shall be served by November 9, 2020. The responding party’s factum shall be served by November 16, 2020. The motion shall proceed before a single Divisional Court motions judge on November 25, 2020, by Zoom videoconference, for an estimated 0.5 days. Neither counsel nor the court shall gown. Counsel will be provided with a link to the videoconference in due course by email from court staff.
[3] The moving party shall establish a file sharing platform and provide the court with the link and password by November 16, 2020, 12 noon. In respect to materials to be filed:
(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 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 file sharing platform by November 16, 2020, 12 noon, except that compendiums for oral argument, counsel sheets and costs materials may be uploaded by November 23, 2020, 3:00 pm.
D.L. Corbett J.
Date: September 3, 2020