COURT FILE NOS.: CV-12-458420;
CV-13-495528; and
CV-14-504828
DATE: 20151130
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
JAVIER GROSHAUS and
ALICIA LEVICH
Plaintiffs
– and –
BAYEZID FAROOQUE, TRISHA FAROOQUE, CHIRAGH AJWANI, SWATI TEKWANI, PAUL HARRINGTON, GEORGE VIOLANTE, VOLODYMR MARCHUK (also known as VLAD), EDGEWATER GROUP INC., EDGEWATER GROUP, STAR LAUNCH CORPORATION, MIDAN SOFTWARE CORPORATION, DOE 1 and DOE 2
Defendants
Self-represented and acting in person
Paul Robson, for the Defendants Edgewater Group Inc., Edgewater Group, Swati Tekwani, Bayezid Farooque, Trisha Farooque and Chragh Ajwani
HEARD: November 27, 2015
CASE CONFERENCE ENDORSEMENT
DIAMOND J.:
[1] Pursuant to the direction of Mr. Justice McEwen, I have been assigned as the case management judge for this action, and two related actions subsequently commenced by Mr. Groshaus bearing Court File Nos. CV-13-495528 and CV-14-504828.
[2] An in-person case conference was held before me on November 27, 2015. It appears that these proceedings are in quite a mess. By commencing the 2013 action and the 2014 action (rather than simply amending the Statement of Claim in his 2012 action), Mr. Groshaus has created a multiplicity of proceedings. Although the pleadings in all three actions are difficult to understand, there is significant factual overlap in all three Statements of Claim, and identical defendants are listed as parties to all three actions.
[3] No doubt some form of consolidation order, or perhaps an order directing that Mr. Groshaus deliver one Fresh As Amended Statement of Claim to “rope in” all allegations and defendants, will prove necessary. However, for the time being it was apparent at the case conference that, based on Mr. Groshaus’ representations, other defendants in the three actions have delivered Statements of Defence and were not present at the case conference to participate and/or make submissions.
[4] Mr. Robson came on the record for his clients at the end of this summer, and has not been provided with copies of the entire files from his predecessor. With a view to (hopefully) streamlining these proceedings and ultimately scheduling what I understand to be Rule 20 and Rule 21 motions to be brought by both sides, I make the following Order:
No further motions or court attendances shall be scheduled in any of the three actions without my authority and approval as case management judge.
Mr. Groshaus need not personally serve Mr. Robson’s clients with any further materials in the three actions, and will serve Mr. Robson on behalf of his clients by e-mail from now on.
On or before December 3, 2015, Mr. Groshaus shall serve Mr. Robson by e-mail with copies of any and all Statements of Defence received by him to date in all three actions.
Mr. Groshaus, Mr. Robson or both of them shall forthwith serve a copy of this Case Conference Endorsement upon any defendants who have delivered Statements of Defence in all three actions.
At the conclusion of the case conference, both parties confirmed their respective availability for the next case conference to proceed on December 17, 2015 at 9:00 a.m. Subsequent to that attendance, Mr. Groshaus advised my assistant Olga Misko that he was in fact out of the country on December 17, 2015 and requested a new return date.
Since then, the parties have attempted to agree upon a new date, but without success. From my review of the emails exchanged between the parties, Mr. Robson has offered a series of dates in January 2016 but Mr. Groshaus has yet to commit to one of them.
I am thus forced to choose a date for them. The next case conference shall proceed on January 26, 2016 at 9:00 a.m. (location to be determined). Mr. Groshaus, Mr. Robson and any other defendants in all three actions who wish to participate shall attend.
- In accordance with the signed consents provided by Mr. Groshaus, in the 2013 action and 2014 action Mr. Groshaus is permitted to serve the defendants Volodymr Marchuk and Svitlana Marchuk by e-mail at vmarchuk1888@gmail.com.
Diamond J.
Released: November 30, 2015
COURT FILE NO.: CV-12-458420;
CV-13-495528; and
CV-14-504828
DATE: 20151130
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
JAVIER GROSHAUS and
ALICIA LEVICH
Plaintiffs
– and –
BAYEZID FAROOQUE, TRISHA FAROOQUE, CHIRAGH AJWANI, SWATI TEKWANI, PAUL HARRINGTON, GEORGE VIOLANTE, VOLODYMR MARCHUK (also known as VLAD), EDGEWATER GROUP INC., EDGEWATER GROUP, STAR LAUNCH CORPORATION, MIDAN SOFTWARE CORPORATION, DOE 1 and DOE 2
Defendants
CASE CONFERENCE ENDORSEMENT
Diamond J.
Released: November 30, 2015