Court File and Parties
Court File No.: 12-55468
Date: 20130829
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: MELBA MANSON and SCOTT MANSON, Plaintiffs
AND:
CANETIC RESOURCES LTD., PENN WEST PETROLEUM LTD., also known as Penn West Energy Trust and also known as Penn West Exploration and HER MAJESTY THE QUEEN RIGHT OF ALBERTA also known as THE PROVINCIAL GOVERNMENT OF ALBERTA, Defendants
Before: Justice Patrick Smith
Counsel:
Plaintiffs are self-represented
Todd Burke and Roberto Aburto, for the Defendants
Heard: August 29, 2013
Endorsement
[1] This matter was set to proceed today, however the Plaintiffs requested an adjournment which, although not consented to by the Defendants, was not opposed. The parties were able to agree on the wording of an endorsement save and except for two issues which will be addressed below.
[2] The motion shall be adjourned to October 24, 2013 at 10 a.m. for two hours pre-emptory on both parties.
[3] The following timetable shall apply for cross examinations which are to be conducted during the period of adjournment:
-September 18, 2013 Plaintiffs to serve responding materials
-September 23, 2013 Defendants to serve reply materials
-September 26, 2013 Plaintiffs to provide written questions for cross examination of Mr. Robson
-October 2, 2013 Defendants to cross examine the affiant of the Plaintiffs
-October 8, 2013 Defendants to respond to the written questions of Mr. Robson
-October 15, 2013 Defendants to file and serve their factum
-October 15, 2013 Plaintiffs to file any supplemental material
[4] Service shall occur by process servers and need not be by personal service.
[5] For the purpose of communication, the Plaintiffs shall accept email communications at the following email address: gmbayne1@hotmail.com.
[6] All communications shall be in writing. There shall be no telephone or voicemail messages, including from the Plaintiffs to the Defendants, counsel for the Defendants, process servers engaged by the Defendants, employees of Her Majesty the Queen in Right of the Province of Alberta including Jeffrey Sharpe, former counsel for Penn West Petroleum Ltd.
[7] The two issues that the parties were not able to agree on concerned the Plaintiffs desire to conduct an examination Robert Blain, who was Senior Legal Counsel for Penn West Petroleum Ltd. at the time his affidavit was sworn. Mr. Blain’s affidavit is attached to the affidavit of Don Robson. I agree with the position of the Defendants and decline to make the order as requested. The examination of Mr. Robson will afford ample opportunity to the Plaintiffs to conduct a full examination.
[8] The second issue related to the Plaintiffs desire to communicate verbally with Jeffrey Sharpe. Mr. Sharpe was former legal counsel for Penn West Petroleum Ltd. In view of the concerns that have been raised about the conduct of the Plaintiffs leaving abusive and lengthy verbal messages, I have included Mr. Sharpe in para. 6 to provide that all communication with him shall be in writing.
Justice Patrick Smith
Date: August 29, 2013
Additional Court Header
Court File No.: 12-55468
Date: 20130829
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: MELBA MANSON and SCOTT MANSON, Plaintiffs
AND:
CANETIC RESOURCES LTD., PENN WEST PETROLEUM LTD., also known as Penn West Energy Trust and also known as Penn West Exploration and HER MAJESTY THE QUEEN RIGHT OF ALBERTA also known as THE PROVINCIAL GOVERNMENT OF ALBERTA, Defendants
Before: Justice Patrick Smith
Counsel:
Plaintiffs are self-represented
Todd Burke and Roberto Aburto, for the Defendants
ENDORSEMENT
Justice Patrick Smith
Released: August 29, 2013