ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: 11-1028
DATE: 2014/11/26
BETWEEN:
ALFRED EDWARD GORDON
Plaintiff
– and –
DAVID SINCLAIR JOYNT, MICHAEL P. REID, MARK LEE, IVAN HODGINS and ROYAL LEPAGE PAULINE AUNGER REAL ESTATE
Defendants
Clinton H. Culic, for the Plaintiff
Donald F. Morris, for the Defendant David Sinclair Joynt
Craig O’Brien, for the Defendant Michael P. Reid
Allan D. Powell, for the Defendants Mark Lee, Ivan Hodgins and Royal Lepage Pauline Aunger Real Estate
HEARD: Via teleconference November 24, 2014
REASONS FOR decision
Kane J.
[1] Counsel, with the exception of A. Powell, attended via telephone on November 24, 2014, to settle the terms of the Order to reflect the Reasons for Judgment dated July 4, 2014, and to adjust the schedule to trial.
ENVIRONMENTAL CONTAMINATION
[2] The plaintiff’s claim related to contaminated soil and debris was not dismissed on the motion for summary judgment. That motion by agreement was limited to the issue of possession. Paragraph 5 of the draft order suggesting the court dismissed that claim is incorrect and is to be deleted.
AMENDMENT OF PLEADINGS
[3] The defendants expressed concern that the statement of claim does not clearly articulate all of the plaintiff’s intended claims, including for environmental contamination and whether the property zoning permitted more than one unit in the building and the disclosure thereof.
[4] Without prejudice to the defences pled, including limitation defences, the plaintiff is to serve an amended statement of claim articulating what claims he is making, against whom, the cause(s) of action, the material facts relied upon and the relief sought against each defendant in relation thereto. That amended pleading is to be served by 17:00 hours on December 1, 2014.
[5] The defendants are to serve any amended statement of defence, counterclaim and cross-claim, by 17:00 hours on December 8, 2014.
[6] Any amended defence to the amended counterclaim, amended cross-claims and replies, are to be served by 17:00 hours on December 12, 2014.
EXAMINATIONS FOR DISCOVERY
[7] Examinations for discovery commenced but were not concluded prior to November 24, 2014.
[8] Any remaining discovery is to be completed by all parties on one day, during the week of December 15 to 19, 2014. Failing agreement as to the date thereof, such discoveries will be at the same location on December 19, 2014.
JURY
[9] It is agreed that the Jury Notice herein be struck. This trial shall proceed before Judge alone.
TRIAL DATE
[10] Given the above amendment to the statement of claim, at least one defendant intends to retain an expert and therefore serve the required report(s).
[11] The previous scheduled trial date commencing February 9, 2015, given the intention to retain an expert, is no longer realistic.
[12] February 9, 2015 is cancelled. This trial, estimated to last five to seven days, shall commence on April 7, 2015.
COSTS
[13] As success was divided, there shall be no order as to cost for today or for the above further date to conclude examinations for discovery.
Kane J.
Released: November 26, 2014
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
ALFRED EDWARD GORDON
Plaintiff
– and –
DAVID SINCLAIR JOYNT, MICHAEL P. REID, MARK LEE, IVAN HODGINS and ROYAL LEPAGE PAULINE AUNGER REAL ESTATE
Defendants
REASONS FOR DECISION
Kane J.
Released: November 26, 2014