CITATION: McMurtry v. McMurtry 2016 ONSC 3757
OTTAWA COURT FILE NO.: 12-56265/11-50312
DATE: 2016/06/07
SUPERIOR COURT OF JUSTICE - ONTARIO
BETWEEN:
Mildred McMurtry, Plaintiff (Court file no. 12-56265)
AND
John McMurtry and Mic Mac Realty (Ottawa) Ltd., Defendants
AND BETWEEN:
John McMurtry, Plaintiff (Court file no. 11-50312)
AND
Jim McMurtry, Defendant
AND BETWEEN:
Jim McMurtry, Plaintiff by Counterclaim (Court file no. 11-50312)
AND
John McMurtry, Brenda McMurtry, Barry Coons, Bouris Wilson LLP and Mic Mac Realty (Ottawa) Ltd., Defendants by Counterclaim
BEFORE: Madam Justice Sylvia Corthorn
COUNSEL:
Mark W. Smith for Mildred McMurtry (12-56265)
Jeff Saikaley for John McMurtry (Both actions) and for Brenda McMurtry (11-50312)
Daniel Mayo for Jim McMurtry (11-50312)
HEARD: June 6, 2016
TRIAL MANAGEMENT CONFERENCE ENDORSEMENT
[1] My Reasons for Decision with respect to the first part of the trial of the above-noted actions were released on April 29, 2016. As set out at paragraph 186 therein, the determination made as to ‘ownership’ of the Shares which are the subject of the dispute between Mildred McMurtry and John McMurtry is “only the initial step in a series of steps required to bring the proceedings to a conclusion.” Counsel appeared before me today for a trial management conference to discuss the next steps in the proceeding.
[2] A factor to consider in scheduling the next steps in the proceeding is that John McMurtry, in his capacity as a defendant in the action commenced by Mildred, has filed a notice of appeal from my April 29, 2016 decision. As yet undetermined is:
a) Whether John McMurtry will bring a motion for a stay of the balance of the proceedings in the companion actions pending the outcome of the appeal; and
b) If so, whether he will bring his motion for a stay before this Court or before the Court of Appeal.
[3] Also discussed was the requirement for extensive financial evidence at the next stage of the trial of the actions – regardless of the outcome on the appeal. Counsel for the parties agree that their respective clients are to give consideration to:
a) The extent, if any at all, to which there will be overlap between the financial evidence required to determine the balance of the 2012 action commenced on behalf of Mrs. McMurtry and that required to determine the 2011 oppression remedy claim by John McMurtry and counterclaim by Jim McMurtry; and
b) How the financial evidence required is to be garnered and efficiently presented to the Court. In that regard, the possibility of the parties jointly retaining an expert to conduct a financial audit of Mic Mac Realty (Ottawa) Ltd. is to be considered.
[4] The parties are to consider the potential benefits of a mid-trial, settlement conference once the relevant financial evidence is available. If the parties wish to proceed with a settlement conference, it would be scheduled to take place subsequent to the relevant financial evidence being available to the parties and the judge conducting the settlement conference. In terms of timing of a settlement conference, it would likely be scheduled for a date in the first several months of 2017.
[5] Counsel for the parties require instructions on a number of matters before the balance of the steps in the litigation may be scheduled. So as to ensure that the matter moves forward in as timely a manner as is possible, the trial management conference shall continue on July 4, 2016 at 3:00 p.m., before me. By that date, counsel for the parties are to have instructions with respect to the matters discussed herein.
Date: June 7, 2016
Madam Justice S. Corthorn
CITATION: McMurtry v. McMurtry 2016 ONSC 3757
OTTAWA COURT FILE NO.: 12-56265/11-50312
DATE: 2016/06/07
SUPERIOR COURT OF JUSTICE – ONTARIO
Court File No. 12-56265
BETWEEN:
Mildred McMurtry, Plaintiff
AND
John McMurtry and Mic Mac Realty (Ottawa) Ltd., Defendants
Court File No. 11-50312
AND BETWEEN:
John McMurtry, Plaintiff
AND
Jim McMurtry, Defendant
AND BETWEEN:
Jim McMurtry, Plaintiff by Counterclaim
AND
John McMurtry, Brenda McMurtry, Barry Coons, Bouris Wilson LLP and Mic Mac Realty (Ottawa) Ltd., Defendants by Counterclaim
BEFORE: Madam Justice Sylvia Corthorn
COUNSEL:
Mark W. Smith for Mildred McMurtry
Jeff Saikaley for John McMurtry and Brenda McMurtry
Daniel Mayo for Jim McMurtry
TRIAL MANAGEMENT CONFERENCE ENDORSEMENT
Justice S. Corthorn
Released: June 7, 2016