Grant Thornton Limited v. Carillion Construction Inc., 2016 ONSC 1554

DIAMOND J.:

Overview

1In accordance with paragraph 36 of my Endorsement released on February 25, 2016, counsel for the parties participated in a telephone case conference with me for the purpose of scheduling the trial of Issue #1 (ie. whether the parties engaged in a course of conduct necessary to vary the terms of the subcontract relating to the procedure for approval and payment of extra work).

2It was agreed that the parties will file a Joint Supplementary Brief of Evidence relating to Issue #1. This Brief shall consist of further affidavit evidence from both parties together with any relevant documentation they believe to be necessary to address the outstanding issue.

3On consent, the parties shall file the Joint Supplementary Brief of Evidence on or before April 11, 2016. The Brief may be filed with Judges’ Administration to my attention.

4If cross-examinations and further legal argument prove necessary, the parties shall attend before me for a full day hearing on May 11, 2016.

5If I am able to dispose of Issue #1 on the basis of the Joint Supplementary Brief of Evidence, the parties will receive a supplementary endorsement from me in advance of the scheduled May 11, 2016 hearing date.

Diamond J.