Court File and Parties

COURT FILE NO.: CV-13-00493236 DATE: 20160720 ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN: DAVID TURTON, Plaintiff – and – THE ESTATE OF NANCY GRASSO by its litigation administrator, CRYSTAL GRASSO and the ESTATE OF HENRY GRASSO by its Estate Trustee, CRYSTAL GRASSO, Defendants

Counsel: Ian S. Epstein (as agent for Christopher Karpacz), for the Plaintiff Ashley P. Richards, for the Defendants

HEARD: July 20, 2016

Case Conference Endorsement

DIAMOND J.:

[1] In accordance with my Endorsement released on June 3, 2016, the parties participated in a telephone case conference with me this morning for the purpose of addressing interim steps leading up to the mini-trial I have ordered.

[2] The plaintiff has recently delivered the contents of the Cunningham Lindsay and Intact files to the defendants. While counsel for the defendants has yet to perform a substantive review of those files, she has noted that there are certain documents which have been redacted for solicitor/client purposes.

[3] As discussed in the telephone conference, if there are any communications which (a) pre-date the issuance of the Statement of Claim in this proceeding on November 20, 2013, and (b) relate to the decision (or lack thereof) to commence this proceeding, then such communications may be relevant to, and producible at, the mini-trial.

[4] Accordingly, the plaintiff shall review the un-redacted contents of the Cunningham Lindsay and Intact files with a view to identifying if any such communications (as described above) do exist. The plaintiff shall thereafter advise the defendants on or before August 5, 2016 of both the existence and nature of any such communications.

[5] In the event any further issues arise from the disclosure of such communications, or other matters related to the contents of the Cunnigham Lindsay and Intact files, the parties are at liberty to schedule a further case conference with me.

[6] The mini-trial shall proceed before me on September 1, 2016 with a 9:30 a.m. start time. With a view to ensuring that the mini-trial be completed in one day, the examination in chief of any witnesses shall be tendered by way of affidavit evidence.

[7] Any such affidavit(s) shall be served on or before August 25, 2016, and filed with the Court in accordance with the Rules of Civil Procedure.

[8] Cross-examination upon the affiants shall proceed before me at the mini-trial.

Diamond J. Released: July 20, 2016