SUPERIOR COURT OF JUSTICE - ONTARIO
COURT FILE NO.: CV-10-1977-00
DATE: 20121022
RE: Eurodale Developments Inc. v. Rimgate Holdings Ltd.
BEFORE: MacKenzie J.
COUNSEL:
Mr. S. Kazushner , for the plaintiff
Ms. S. Wu , for the defendant
E N D O R S E M E N T
Order to go, as follows:
[ 1 ] Leave is granted to the plaintiff under s. 67(2) of the Construction Lien Act and under Rule 48.04 of the Rules of Civil Procedure to conduct its discovery of the defendant.
[ 2 ] The defendant shall conduct its examination for discovery of the plaintiff prior to the plaintiff conducting its examination for discovery of the defendant.
[ 3 ] Any invoices rendered by either party to the other in relation to the reasonable costs of copies of productions are reserved to the trial judge, in default of agreement between the parties as to the amount(s) of such invoices.
[ 4 ] The plaintiff shall be entitled to conduct a site inspection of the building on the defendant’s premises, to be completed on or before November 16, 2012. The precise date of attendance for site inspection shall be settled on 4 days written notice by plaintiff’s counsel to defendant’s counsel.
[ 5 ] The amended timetable for future steps in the conduct of pre-trial proceedings shall be as follows:
(a) Final (sworn or affirmed) affidavits of documents shall be delivered by the parties to each other on or before November 9, 2012
(b) Scott Schedules by each of the parties drawn and/or amended in conformity with the above affidavits of documents shall be delivered on or before November 9, 2012
(c) The examinations for discovery referred to in paragraph 2, above, including any motions for outstanding undertakings and refusals, shall be completed on or before January 31, 2013, the latter date being subject to my advice and directions as may be required in the circumstances.
[ 6 ] Costs of the motions are reserved and shall be the subject of written submissions by the parties. Such submissions shall not exceed four (4) pages in length, exclusive of supporting materials, and shall be delivered according to the following timetable:
a) By the plaintiff, within 14 days of the issuance of this endorsement;
b) By the defendant, within 10 days of receiving the submissions of the plaintiff;
c) By reply, if any, by the plaintiff within 7 days of receiving the defendant’s responding submissions.
[ 7 ] For purposes of the site inspection described in paragraph 4, above, this endorsement shall suffice for all purposes as though it was an issued order respecting the conduct of any site inspection.
MacKenzie J.
DATE: October 22, 2012
COURT FILE NO.: CV-10-1977-00
DATE: 20121022
SUPERIOR COURT OF JUSTICE - ONTARIO RE: Eurodale Developments Inc. v. Rimgate Holdings Ltd. BEFORE: MacKenzie J. COUNSEL: Mr. S. Kazushner , for the plaintiff Ms. S. Wu , for the defendant ENDORSEMENT MacKenzie J.
DATE: October 22, 2012