SUPERIOR COURT OF JUSTICE - ONTARIO

BRAMPTON COURT FILE NOS.: CV-10-2025-00ES; CV-11-1270-0000;
CV-12-0564-0000; AND CV-12-3162-0000

MILTON COURT FILE NO.: 6595/11

DATE: 20120801

SUPERIOR COURT OF JUSTICE - ONTARIO

CV-10-2025-00ES

RE: Andre Lewis, Executor of the Estate of Geraldine Veronica Simon-Lewis, deceased (Applicant)

v.

Desiree Lewis (Respondent)

CV-11-1270-0000

AND RE: Desiree Lewis (Applicant)

v.

The Canada Trust Company, as Trustee for Claire Smit, The Canada Trust Company, as Trustee for Radica Ramjitsingh, Alterna Savings and Credit Union Limited, Lexxco Investment Corporation, Andre Lewis in his personal capacity and his capacity as Estate Trustee of the Estate of Geraldine Veronica Simon-Lewis and Karen Lewis (Respondents)

Milton 6595/11

AND RE: Desiree Lewis (Plaintiff)

v.

Alec McLeod McLennan and McLennana & Associates (Defendants)

CV-12-0564-0000

AND RE: Claire Smit and The Canada Trust Company as Trustee for Claire Smit Self-Directed Retirement Savings Plan No. 73JJ84-S (Plaintiffs)

v.

Alec McLeod McLennan, McLennan & Associates, Lexxco Investment Corporation and Andre Lewis (Defendants)

CV-12-3162-0000

AND RE: Radica Ramjitsingh (Plaintiff)

v.

Alec McLeod McLennan, McLennan & Associates, Andre Lewis and Lexxco Investment Corporation and Lexxco Mortgage Investment Corporation (Defendants)

BEFORE: Daley J.

COUNSEL:
M. Adega, for Desiree Lewis

R.L. Youd, for Alec McLeod McLennan

C. A. De Facendis, for Radica Ramjitsingh

P.H. Mand, for Claire Smit

HEARD: July 30, 2012

CASE SUPERVISION CONFERENCE

E N D O R S E M E N T

[ 1 ] Upon the direction of the Regional Senior Justice I was appointed as the case supervision judge in respect of the above-captioned matters.

[ 2 ] By order of April 26, 2011, O'Connor J. ordered that the application in court file number CV-10-2025–00ES be converted into a trial of issues raised and that the application be consolidated with the proceeding in court file number CV-11- 1270-00.

[ 3 ] Three further actions have been instituted which are connected with the actions referenced in the paragraphs above and in short form may be described as:

(1) Claire Smit and The Canada Trust Company, as Trustee v. MacLennan, Lexxco and Andre Lewis : file number CV-12-0564;

(2) Desiree Lewis v. MacLennan : (Milton) file number 6595/11; and

(3) Ramjitsingh v. MacLennan, Andre Lewis, and Lexxco : file number CV-12-3162.

[ 4 ] O'Connor J. made two orders, as noted, with respect to the consolidation of the first of the above-mentioned proceedings on April 26 and May 26, 2011. In spite of these orders, these matters have not proceeded in accordance with the timetables established by those orders.

[ 5 ] On April 19, 2012, a motion was returnable before the court in respect of the consolidated proceedings, however, due to the length of the motion it was adjourned to a long motion date set for August 29, 2012.

[ 6 ] In my capacity as a case of supervision judge, I directed that a case supervision conference be held on July 30, 2012 in respect of these matters.

[ 7 ] Upon convening the case supervision conference, two matters of significance were identified which made it impossible to conduct the case supervision conference.

[ 8 ] Firstly, it was determined that The Canada Trust Company was not in fact represented by counsel in any of these proceedings.

[ 9 ] Although counsel for the plaintiffs in the action Claire Smit and the Canada Trust Company v. MacLennan et al. indicated on the record that his firm represented The Canada Trust Company, he acknowledged at the beginning of the case supervision conference that he had not in fact been retained by the trust company. Needless to say this was the most surprising disclosure, particularly in view of the length of time these matters have been outstanding. Counsel advised that he just realized that he was not retained by the trust company.

[ 10 ] Further, it then became evident to all counsel involved that The Canada Trust Company was in fact not represented by counsel in any of these proceedings.

[ 11 ] A further development occurred since the date upon which I directed the case supervision conference, namely a further action was instituted by the plaintiff Ramjitsingh as noted, with the statement of claim being issued on July 24, 2012.

[ 12 ] As The Canada Trust Company is not represented in these proceedings, contrary to the understanding of some counsel, and given that the Ramjitsingh action has only just been commenced, it was not possible to proceed with the case supervision conference.

[ 13 ] Counsel on behalf of Desiree Lewis advised that his client wished to proceed with an application to remove Andre Lewis as Estate Trustee of the estate of Geraldine Veronica-Simon Lewis.

[ 14 ] Presently a long motion is scheduled returnable August 29, 2012. Given the recent developments outlined above, that motion cannot proceed.

[ 15 ] The motion presently returnable August 29, 2012 is therefore adjourned sine die pending service of all proceedings upon The Canada Trust Company, where it is a party.

[ 16 ] The long motion time allocation presently being held for the motion which was returnable August 29, 2012 is now to be used as a return date for an application to be brought by counsel on behalf of Desiree Lewis wherein that party will seek an order removing Andre Lewis as Estate Trustee.

[ 17 ] The time allocation presently set for the long motion which was set for August 29, 2012 shall be maintained at two hours.

[ 18 ] In the event an order is granted removing Andre Lewis as Estate Trustee and appointing Desiree Lewis in his place, counsel for that party has indicated an intention to seek an order amending the statement of claim in the action Desiree Lewis v. MacLennan et al. adding the estate as a party plaintiff.

[ 19 ] This case supervision conference is adjourned to September 11, 2012 at 8:30 a.m.

[ 20 ] Upon the resumption of the case supervision conference further orders will be made with respect to the conduct of the consolidated proceeding and a determination will be made as to whether the three other actions are to be tried together with the consolidated proceeding. A litigation timetable in respect of all matters will be established at this conference.

[ 21 ] Needless to say, counsel are urged, in the strongest terms, to ensure that they are ready to proceed with a meaningful case supervision conference on the next date.

[ 22 ] In order to ensure that the case supervision conference can be conducted in an efficient and cost-effective manner, all counsel shall consult prior to the conference and they shall establish a proposed timetable in respect of all outstanding matters in these proceedings. Counsel on behalf of Desiree Lewis shall take the lead in organizing such timetable discussions with other counsel and he shall provide to the Court, no later than seven days prior to the resumption of the case supervision conference, a draft proposed litigation timetable in respect of all proceedings.

[ 23 ] A copy of this endorsement shall be served by counsel for Desiree Lewis upon The Canada Trust Company by registered mail.

Daley J.

DATE: August 1, 2012

BRAMPTON COURT FILE NOS.: CV-10-2025-00ES; CV-11-1270-0000;
CV-12-0564-0000; AND CV-12-3162-0000

MILTON COURT FILE NO.: 6595/11

DATE: 20120801

SUPERIOR COURT OF JUSTICE - ONTARIO RE: LEWIS Estate BEFORE: Daley J. COUNSEL: M. Adega , for Desiree Lewis R.L. Youd , for Alec McLeod McLennan C. A. De Facendis , for Radica Ramjitsingh P.H. Mand , for Claire Smit CASE SUPERVISION CONFERENCE ENDORSEMENT Daley J.

DATE: August 1, 2012