SUPERIOR COURT OF JUSTICE - ONTARIO

COURT FILE NO.: 9821/08A1
PRE TRIAL HELD: 2012/05/31

RE: KERRY HILL and JACKIE HILL, Plaintiffs

AND:

WILLIAM STEELE and DEBORAH STEELE, Defendants

AND:

LEON GAUTHIER, ECOFLOW ONTARIO and NIAGARA REGION HEALTH SERVICES DEPARTMENT, Third Parties

BEFORE: Turnbull, J.

COUNSEL:
Chris Bittle, Counsel for the Plaintiffs

Gary McClelland, Counsel for the Defendants

Chris McLeod, Counsel for the Third Party Ecoflow Ontario

HEARD: May 30, 2012.

Endorsement

[ 1 ] This long standing matter came before me in September 2011 for a pre-trial. At that time, I made a series of orders and directed that it must come back before me for a continued pre-trial in the event the matter did not settle.

[ 2 ] This matter has been brought under the Simplified Rules. It involved the purchase of a house by the plaintiffs from the defendants in 2003. The defendants undertook to obtain a Certificate of Approval from the Niagara Regional Health Services Department for a septic system on the premises. They were unable to obtain it.

[ 3 ] An action was started in 2008 by the plaintiffs. Various third parties were added by the defendants. The third party, Leon Gauthier has been noted in default. The Niagara Region Health Services Department has appeared to the action, but did not attend this pre-trial, despite my recommendation at the September 2011 pre-trial that their participation be regularized.

[ 4 ] The plaintiffs are apparently living in “limbo” as this matter drags on. Hence, some finality must be planned for this matter. Hence, it is ordered as follows:

A. The Trial of this action shall commence Monday, December 17, 2012 at 10:00am. It shall proceed as a summary trial, with the affidavits of the witnesses to act as their examinations-in-chief. The cross-examination of each witness shall be restricted to one hour and the re-examination of that witness shall be restricted to one-half hour, subject to the overriding discretion of the trial judge in all cases.

B. The parties shall serve their affidavits of documents on or before August 1, 2012.

C. The Plaintiffs shall deliver their affidavits and the affidavits of their witnesses on or before August 1, 2012.

D. The defendants shall deliver their affidavits and the affidavits of their witnesses on or before September 1, 2012.

E. All parties shall serve and file any experts reports upon which they intend to rely on or before September 15, 2012 in compliance with Rule 53.03 of the Rules of Civil Procedure.

F. The third parties, Niagara Region Health Services Department and Ecoflow Ontario shall deliver their affidavits and the affidavits of their witnesses on or before October 1, 2012.

G. The plaintiffs shall pass a trial record on or before October 1, 2012.

H. The Plaintiffs and defendants shall deliver their reply affidavits, if any by November 1, 2012.

I. The parties shall serve any request to admit dealing with all facts and documents in issue by November 15, 2012.

J. The parties are to serve and file concise statements of law and case briefs by December 10, 2012.

K. Any motions in this matter shall be brought before me. The parties may attend on such motions by conference call if they so choose.

L. Pursuant to Rule 76.13(3), a party who intends to cross-examine the deponent of an affidavit shall give notice of intention to the party file the affidavit at least 10 days before the date fixed for trial.

Turnbull, J.

Date: May 31, 2012