Court File and Parties
Divisional Court File No. DC-24-00000661-00ML
Court File No. CV-20-00641463-00CL
ONTARIO
SUPERIOR COURT OF JUSTICE
(DIVISIONAL COURT)
THE HONOURABLE JUSTICE FREDERICK L. MYERS FRIDAY, THE 22ND DAY OF NOVEMBER 2024
B E T W E E N:
KEITH FREDERICK VESSAIR, BRUCE DANIEL VESSAIR, and MICHELLE BENNETT
Plaintiffs/Responding Parties
-and-
JAMES GARY VESSAIR, MARLENE THERESA VESSAIR, 340597 ONTARIO INC., PARAGON MARINA & SPORTS INC., SOUTH BAY COVE YACHT HAVEN INC., VESSAIR PROMOTIONS INC., 2456631 ONTARIO INC., B.J. HONEYMAN HOLDINGS LIMITED formerly known as SOUTH BAY COVE MARINA INC., LEWIS R. MITZ PROFESSIONAL CORPORATION and LEWIS R. MITZ also known as LEWIS ROBERT MITZ
Defendants/Moving Parties
Order
THIS CASE CONFERENCE, requested by the Defendants, James Gary Vessair, Marlene Theresa Vessair and South Bay Cove Yacht Haven Inc. (the "Moving Parties"), for an Order staying those portions of the Order of W.D. Black J. dated October 16, 2024, that are the subject of the Moving Parties' proposed appeal, was conducted this day by videoconference at the courthouse at 130 Queen Street West in Toronto, Ontario;
ON READING the Aide Memoire of the Moving Parties and the Aide Memoire of the Responding Parties, and on hearing the submissions of counsel for the Moving Parties, counsel for the Responding Parties, and counsel for the Defendants, Lewis R. Mitz Professional Corporation and Lewis R. Mitz;
- THIS COURT ORDERS that pending resolution of this motion for leave to appeal, the following provisions of the Order of W.D. Black J. dated October 16, 2024 (the "Order"), are stayed:
(a) The provision for production of the eight documents in the 2015 file of the Solicitor Defendants, Lewis R. Mitz Professional Corporation and Lewis R. Mitz, over which solicitor-client privilege is asserted;
(b) The provision for production of documents from the Royal Bank of Canada file, but only in respect of those documents, if any, over which solicitor-client privilege is asserted;
THIS COURT ORDERS that, if the scope of any claim for privilege over documents from the Royal Bank of Canada file is contested, the parties may request a case conference for summary directions if they cannot come to interim terms;
THIS COURT ORDERS that the Moving Parties' motion materials are to be delivered by December 13, 2024;
THIS COURT ORDERS that the Responding Parties' motion materials are to be delivered by January 10, 2025; and
THIS COURT ORDERS that this motion for leave to appeal is to be expedited and should be put before a panel of this Court in mid- to late-January 2025 if possible.
VESSAIR ET AL.
-and-
Divisional Court File No. DC-24-00000661-00ML
Court File No. CV-20-00641463-00CL
VESSAIR ET AL.
Plaintiffs
Defendants
ONTARIO
SUPERIOR COURT OF JUSTICE
COMMERCIAL LIST
PROCEEDING COMMENCED AT
TORONTO
ORDER
ROTH ADVOCACY PROFESSIONAL CORPORATION
222 – 15 Wellesley Street West Toronto, ON M4Y 0G7
JONATHAN ROTH (LSO# 64214V)
Email: jroth@rothadvocacy.com
Tel: 647.880.1335
Lawyers for the Moving Parties