COURT FILE AND PARTIES
COURT FILE NO.: CV-10-886
DATE: July 4, 2014
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Herbert James Federick Burger, Plaintiff
AND
The Estate of Herbert Burger; The Estate of Herbert Burger represented by the Estate Trustees, Russell Kenneth Burger and Jason Burger; Russell Kenneth Burger, in his personal capacity and Jason Herbert Burger, in his personal capacity
BEFORE: The Honourable Mr. Justice Martin James
COUNSEL:
Self Represented, Plaintiff
Robert B. Howe, for Defendant Estate of Herbert Burger represented by Trustees, Russell Burger and Jason Burger
Martin Diegel, for Defendant Russell Kenneth Burger, in his personal capacity
M. Peter Sammon, for Defendant Jason Herbert Burger, in his personal capacity
HEARD: June 2, 2014
ENDORSEMENT
This written endorsement follows the court attendance by the parties and their counsel on June 2, 2014 at which time a timetable was set, subject to confirmation of dates by counsel, for the completion of the counterclaims pursuant to the request of the plaintiffs by counterclaim for directions for the management and trial of the counterclaims.
By way of background, the statement of claim was issued in September, 2010. The action was scheduled to be tried in January, 2014. The plaintiff discontinued his action shortly before trial. Trial preparation was substantially complete when the plaintiff indicated he wished to discontinue.The defendants have indicated they wish to proceed with their counterclaims. It is in the interests of justice that measures be implemented to expedite the completion of the action.
The completion of the counterclaims shall proceed according to the following timetable:
a) The plaintiffs by counterclaim shall have twenty days to amend their pleadings, if required;
b) Herbert Burger shall have twenty days thereafter to amend his statement of defence to the counterclaims, if required;
c) Documentary disclosure and examinations for discovery shall be completed by August 31, 2014;
d) A pre-trial conference date is set for September 16, 2014 at 2 p.m.
e) The trial will commence on November 24, 2014 for an estimated four days.
- Any timelines contained in the Rules of Civil Procedure applicable to this proceeding are hereby adjusted to accommodate this timetable.
The Honourable Mr. Justice James
Date: July 4, 2014
COURT FILE NO.: CV-10-886
DATE: July 4, 2014
ONTARIO
SUPERIOR COURT OF JUSTICE
RE: Herbert James Federick Burger, Plaintiff
AND
The Estate of Herbert Burger; The Estate of Herbert Burger represented by the Estate Trustees, Russell Kenneth Burger and Jason Burger; Russell Kenneth Burger, in his personal capacity and Jason Herbert Burger, in his personal capacity
BEFORE: The Honourable Mr. Justice Martin James
COUNSEL: Self Represented, Plaintiff
Robert B. Howe, for Defendant Estate of Herbert Burger represented by Trustees, Russell Burger and Jason Burger
Martin Diegel, for Defendant Russell Kenneth Burger, in his personal capacity
M. Peter Sammon, for Defendant Jason Herbert Burger, in his personal capacity
ENDORSEMENT
James, J.
Released: July 4, 2014