Court File and Parties

COURT FILE NO.: CV-16-1244 DATE: 20170510 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: TATIANA ANDREEVSKAIA, Plaintiff/Moving Party AND: VITALI SATANOVSKI and LYUDMYLA TERESHCHENKO, Defendants/Respondents

BEFORE: THE HONOURABLE MADAM JUSTICE VALLEE

COUNSEL: A. Pyne-Hilton, Counsel, for the Plaintiff/Moving Party A. Rogerson and A. Jazayeri, Counsel, for the Defendants/Respondents

HEARD: May 9, 2017

Endorsement

[1] The plaintiff’s motion for summary judgment was heard yesterday. The plaintiff stated that the defendants had raised in their factum certain legal issues that were not pleaded. The plaintiff wished to file a supplementary book of authorities containing cases relevant to these legal issues. This book of authorities was provided to the defendants at the commencement of the motion.

[2] The defendants stated that if the court were to receive the supplementary book of authorities, they ought to be permitted to make written submissions regarding the cases in the book of authorities after the conclusion of the motion.

[3] The defendants’ factum does appear to raise legal issues that were not pleaded. The defendants served their factum on May 2, 2017, four business days prior to the motion. This put the plaintiff in an awkward position. The plaintiff’s position was that the defendants should not be permitted to raise these issues. Nevertheless, the plaintiff was prepared to argue them.

[4] I accepted the plaintiff’s supplementary book of authorities and heard submissions from both parties on these issues.

[5] Because the defendants did not have an opportunity to review the cases in the book of authorities, the defendants are permitted to serve and file written submissions on only the cases in the plaintiff’s supplementary book of authorities within ten days. The plaintiff is permitted to serve and file written reply submissions within a further ten days. The text of the submissions shall be no longer than five pages with 1.5 spacing, regular margins and 12 point font.

[6] The submissions shall be filed with the Barrie trial coordinator to my attention.

VALLEE J. Date: May 10, 2017