SUPERIOR COURT OF JUSTICE – ONTARIO

COMMERCIAL LIST

RE: George Weston Limited, Plaintiff

AND:

Domtar Inc., Defendant

COUNSEL: C. Bredt and M. Kremer, for the Plaintiff

A. Mark and L. O’Brien, for the Defendant

BEFORE: D. M. Brown J.

HEARD: October 10, 2012

REASONS FOR DECISION – trial preparation plan

[ 1 ] In my Reasons of September 3, 2012 ( 2012 ONSC 5001 ) I refused to schedule the plaintiff’s motion for summary judgment and, instead, directed the parties to consult and develop a trial preparation plan. They have done so, for which I thank them. I make the following directions:

(i) The parties shall exchange additional productions by October 26, 2012, as described in their draft plan;

(ii) Examinations for discovery shall be completed by November 30, 2012. Each party may examine the representative of the other party for up to two days. Counsel are to inform me by week’s end whether they have agreed on the identity of the representatives for examination;

(iii) Answers to undertakings are to be exchanged by December 24, 2012;

(iv) In my September Reasons I allocated each side up to one hour for remaining interlocutory motions. Counsel shall consult and book a date before me in the first two weeks of January, 2013 for the hearing of any discovery-related motions. Any re-attendance arising out of answers to undertakings shall be completed by mid-January, 2013;

(v) Any additional affidavits from current employee witnesses and any will-says from non-employee witnesses shall be exchanged by January 31, 2013. Notwithstanding the delivery of additional affidavit evidence, the parties will still be permitted to summons witnesses at trial pursuant to Rule 53.07;

(vi) The parties have agreed to proceed to mediation. Mediation briefs shall be exchanged at least one week prior to the mediation and the mediation shall occur in February, 2013;

(vii) As to the trial, written summaries of opening statements must be delivered to the trial judge in advance of trial. Witnesses for whom affidavits have been filed will have their affidavits stand as their examination-in-chief at trial, with some ability to conduct brief, additional examinations-in-chief at trial. The evidence from witnesses who have not filed affidavits will be led in the ordinary way. Time limits on evidence shall be imposed, but I agree with Domtar’s submission that the specifics should await the completion of discoveries. Accordingly, the parties shall book a 2-hour case conference before me for early April, 2013 at which time further directions can be given regarding the time limits for the trial, which the parties estimate will take about 2 weeks or so;

(viii) A conference will be arranged before the trial judge a few weeks before the trial to deal with any other trial matters, including the scheduling of the argument on the admissibility of evidence;

(ix) I would ask counsel to inform me tomorrow or next Monday about the dates they have selected for the January motion and the April case conference.

__________ (original signed by) ____________

D. M. Brown J.

Date : October 11, 2012