SUPERIOR COURT OF JUSTICE – ONTARIO

COMMERCIAL LIST

RE: IN THE MATTER OF THE BANKRUPTCY OF Summit Glen Waterloo/2000 Developments Inc.

BEFORE: D. M. Brown J.

COUNSEL: M. Davis, F. Tayar and B. Hughes, for the Moving Parties, Morris Goldfinger and 1830994 Ontario Limited

P. Shea and F. Lamie, for the Trustee, A. Farber & Partners Inc.

HEARD: October 10 and 11, 2012

ENDORSEMENT

I. The format of electronic transcripts of court proceedings

[ 1 ] In this proceeding Morris Goldfinger and 1830994 Ontario Limited are moving for the determination of priorities in respect of the estate of the bankrupt, Summit Glen Waterloo/2000 Developments Inc. Over the past two days I heard viva voce evidence from Mr. Jack Lechcier-Kimel. His evidence has concluded. This hearing will continue on December 3 and 4, 2012.

[ 2 ] At the end of the Mr. Lechcier-Kimel’s evidence counsel for the moving parties stated that he intended to order a transcript of the evidence so that it would be available for the continuation of the hearing on December 3. He requested that the transcript be in electronic form and fully searchable. Counsel advised that periodically he encounters difficulty in obtaining a transcript of court proceedings in a searchable format. Trustee’s counsel made a similar request.

[ 3 ] The court reporter advised that there would be no difficulty in preparing a transcript within that time frame, but he could not indicate what format would be available for the electronic transcript.

[ 4 ] Counsel’s request for a fully searchable, electronic transcript of the evidence is most reasonable. In today’s litigation environment both counsel and judges increasingly use electronic transcripts, not paper copies. At a minimum the text of an electronic transcript must be searchable by word and numeral. Ideally, the electronic transcript should also contain a comprehensive word and numeral index which is hyperlinked to each place in the text where the word or numeral appears.

[ 5 ] It is my understanding that at the present time the Ministry of the Attorney General does not prescribe the electronic format of transcripts prepared by court reporters. As a result the format of an electronic transcript may vary from reporter to reporter.

[ 6 ] In such circumstances, I think it necessary to make a specific order directing the Ministry of the Attorney General to fill the transcript order placed by counsel in this case by providing electronic transcripts which are in a fully word-searchable format. I so order, and I have asked my Registrar to provide a copy of this endorsement to the Manager, Court Reporters, Superior Court of Justice, Toronto Region.

II. Scheduling

[ 7 ] As mentioned, the hearing of this motion will continue on December 3 and conclude no later than December 4, 2012. The hearing of the Trustee’s oppression application will commence immediately following the conclusion of this motion and continue on December 6, 2012. Counsel shall book two back-to-back days before me in January, 2013 for the balance of the oppression application hearing. If counsel cannot agree on dates by day’s end tomorrow, Friday, October 12, 2012, they shall attend before me at a 9:30 next week.

______ (original signed by) _______________

D. M. Brown J.

Date : October 11, 2012