Maplewin Limited v. Food Systems Innovations Inc., 2015 ONSC 1185
COURT FILE NO.: CV-09-4166-00
DATE: 2015-02-23
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Maplewin Limited v. Food Systems Innovations Inc.
BEFORE: Daley, RSJ.
COUNSEL: Peter M. Callahan, for the Plaintiffs
Clifford Lax, for the Defendants
ENDORSEMENT
[1] These actions were ordered to proceed to trial on an expedited basis by Barnes J. by his Order of April 3, 2013.
[2] The actions were on the Brampton January, 2015 civil blitz sittings trial list, however the matters were not reached and it was therefore necessary to set a new trial date.
[3] Counsel for the defendants sought the appointment of a case management judge, however I directed that counsel appear before me today to make submissions regarding the scheduling of a fixed trial date, due to the age of these matters and in order to see that the actions proceed in accordance with the Order of Barnes J.
[4] Counsel for the defendants advised that one of the principal witnesses for his clients is 79 years of age and this certainly must be a consideration in the scheduling of the trial.
[5] I proposed to counsel that the matter proceed before me commencing November 30, 2015 for three weeks. Counsel for the defendants was agreeable to that.
[6] Counsel for the plaintiffs indicated that he had other cases scheduled which would be on the Milton civil blitz sittings trial list in November of this year. He acknowledged that none of those matters were marked peremptory or expedited and none involved urgent child custody or access issues.
[7] Counsel for the plaintiffs objected to having these matters proceed as proposed starting November 30 on the basis that he would have to reassign the Milton trials to other counsel within his firm.
[8] In my view, given the Order of Barnes J., the age of these actions, and the fact that they were not reached at the January 2015 civil blitz sittings, counsel for the plaintiffs, who practices in a firm with a number of lawyers, must reassign the Milton matters, if necessary, or have those matters adjourned, if he must be trial counsel on all of the matters he has pending in this region.
[9] It is therefore ordered that the above styled actions shall proceed to trial before me commencing November 30, 2015, with the estimated trial time of three weeks. The trial shall proceed peremptorily in respect of all parties.
Daley, RSJ.
DATE: February 23, 2015
CITATION: Maplewin Limited v. Food Systems Innovations Inc., 2015 ONSC 1185
COURT FILE NO.: CV-09-4166-00
DATE: 2015-02-23
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Maplewin Limited v. Food Systems Innovations Inc.
BEFORE: Daley, RSJ.
COUNSEL: Peter M. Callahan, for the Plaintiffs
Clifford Lax, for the Defendants
ENDORSEMENT
Daley, RSJ.
DATE: February 23, 2015