Bulloch-MacIntosh et al. v. Browne et al. 2015 ONSC 1452

COURT FILE NO.: 96-CU-114450CM

DATE: 20150304

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: WENDY MARGARET BULLOCH-MACINTOSH and WENDY MARGARET BULLOCH-MACINTOSH, ESTATE TRUSTEE FOR THE ESTATE OF JAMES MACINTOSH, Plaintiffs (Moving Parties)

AND:

GRAEME BROWNE and RICHARD EMERY, Defendants (Respondents)

BEFORE: Mr. Justice Stephen Firestone

COUNSEL: John Legge and David Steeves, for the Plaintiffs

Jamie Macdonald, for the Defendant Richard Emery

James Newland for the Ontario Health Insurance Program

Graeme Browne, In Person

Jack Strothman, Minnesota Attorney for Graeme Browne

Craig O’Brien, for Norton Rose

ENDORSEMENT

The parties are directed to advise as follows by Friday, March 6, 2015:

Choice of Law

[1] Have the parties agreed whether it is the law of Ontario or Quebec which applies to:

(a) Issues of liability, i.e. duty of care, standard of care, battery or causation;

(b) Applicable limitation period; and

(c) Damage assessment.

[2] Are the parties in agreement regarding how any applicable Quebec law will be introduced i.e. by affidavit or viva voce evidence?

Motions

[3] Does Dr. Browne intend to renew his motion for a dismissal of this action based on the pleaded limitations defence, originally brought by way of summary judgment, following some or all of the evidence?

[4] Are there any other expected motions?

Witnesses

[5] The parties are to provide an updated list of witnesses along with time periods for their examinations (chief and cross).

Firestone J.

Date: March 4, 2015