SUPERIOR COURT OF JUSTICE - ONTARIO
Court File No.: 10-CV-404793CM
Motion Heard: not heard
Re: Paul Tiago et al
v.
Alvin Meisels et al
Before: Master Thomas Hawkins
Appearances
Paul Tiago moving plaintiff in person;
also appearing for plaintiff StudioMara
Inc. and proposed plaintiff Global Systems
Analysis Inc.
1941 Hindhead Road, Mississauga, On. L5J 1N8
Heidi Rubin for responding defendants Alvin
Meisels, Diane Parson, Louie Reznick,
William Taberner and Taberner, Parsons Taberner
Fax: (416) 971-8001
Helen Daley for defendant Law Society
of Upper Canada
Fax: (416) 351-9196
Reasons for Decision
[ 1 ] By motion record dated August 17, 2012 the plaintiffs brought a motion in writing for various kinds of relief. At the time this motion record was served and filed, I had not released my reasons for decision respecting a motion by the plaintiffs and the proposed plaintiff Global Systems Analysis Inc. (“Global”). Those reasons for decision were released on October 17, 2012.
[ 2 ] On August 20, 2012 counsel for the then proposed defendant Law Society of Upper Canada (“L.S.U.C.”) served a notice under subrule 37.12 (5)(d) that the plaintiffs’ motion in writing be heard orally. That notice was sent to me but not filed with the court registrar. It should be.
[ 3 ] The plaintiffs’ motion in writing was discussed at a telephone case conference held on October 26, 2012. The registrar sent out a status notice (Form 48 C.1) on July 30, 2012. One of the forms of relief which the plaintiffs sought in their motion in writing was an order directing the registrar not to dismiss this action for delay. At the October 26, 2012 case conference I told Mr. Tiago that I would not make such an open ended order. Instead I directed Mr. Tiago to request the registrar to arrange a status hearing. Since I am case managing this action, the status hearing should be before me. If Mr. Tiago has not already requested the registrar to arrange a status hearing he should do so promptly lest the registrar dismiss this action for delay.
[ 4 ] If the plaintiffs still wish to obtain the relief sought in their motion in writing they should promptly obtain a hearing date for the motion in consultation with defense counsel. If the plaintiffs do not wish to proceed with their motion in writing I direct the plaintiffs to write me and defence counsel within 15 days so advising.
(original signed)_
Master Thomas Hawkins
DATE: November 30, 2012

