SUPERIOR COURT OF JUSTICE – ONTARIO

COURT FILE NO.: CV-11-00072121-SR
CV-11-00072979-SR

DATE: 20150924

RE: Sylviette Brown, Trustee, Plaintiff

-and-

Peel Mutual Insurance Company and James Campbell Insurance Brokers Ltd., Defendants

AND BETWEEN:

Shawn C. Brown, Plaintiff

-and-

Peel Mutual Insurance Company and James Campbell Insurance Brokers Ltd.

BEFORE: The Honourable Mr. Justice M.L. Edwards

COUNSEL:
Sylviette Brown, Self-Represented

Shawn C. Brown, Not Present

Cynthia Verconich and Patrick Martin, for the Defendant Peel Mutual Insurance Company

Justin Papazian, for the Defendant James Campbell Insurance Broker Ltd.

HEARD: September 23, 2015

ENDORSEMENT

[1] This matter came before me today by way of a case conference. This matter has been outstanding for some considerable period of time. Mrs. Brown advises that there are still appeal proceedings presently pending before the Court of Appeal. It would appear that at this stage, Mrs. Brown has been unsuccessful with respect to her appeal in the Divisional Court and is seeking leave to appeal to the Court of Appeal. The leave application has yet to be perfected. Orders have been outstanding now for some considerable period of time in the Court of Appeal that have not yet been complied with.

[2] Given the amount of time that has elapsed since this matter was last in court with respect to the motion to strike the statement of claim by Peel Mutual Insurance Company, I am of the view that a timetable should be fixed in my capacity as the case management judge. As such, I have fixed February 4, 2016 at 9:30 a.m. in Newmarket for the motion to strike. I have allotted a half day for argument, which will be equally distributed between the parties. I have also fixed January 8, 2016 at 9:30 a.m. for a further case conference, the purpose of which will be to canvas with counsel and Mrs. Brown any procedural issues that could impact the hearing date for the motion on February 4, 2016.

[3] I have advised Mrs. Brown that if she intends to proceed with a motion to recuse myself from hearing the motion on February 4, 2016, she must file a motion with supporting affidavits and factum, which motion I would hear on January 8, 2016. No other motion would be heard at that time. I have advised Mrs. Brown and counsel that if it is determined prior to January 8, 2016 that there are in fact no procedural issues, and that Mrs. Brown is not proceeding with her recusal motion, that there is no need for counsel and Mrs. Brown to attend on January 8, 2016.

Justice M.L. Edwards

Released: September 24, 2015