Court File and Parties
COURT FILE NO.: CV-16-00550104
DATE: 20180713
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
ONTARIO PROFESSIONAL FIRE FIGHTER’S ASSOCIATION
Plaintiff
– and –
PAUL ATKINSON, COLIN GRIEVE, PROFESSIONAL FIREFIGHTERS ADVOCATES INC., SHERWIN H. SHAPIRO, SHAPIRO LAWYERS PROFESSIONAL CORPORATION, FRANCES FURMANOV and FRANCES FURMANOV PARALEGAL SERVICES
Defendants
COUNSEL:
Rahool Agarwal and Andrew McCoomb for the Plaintiff
Gavin J. Tighe and Anna Husa for the Defendants, Paul Atkinson, Colin Grieve and Professional Firefighters Advocates Inc. (“the Atkinson defendants”)
Sandra Secord and Marco P. Falco for the Defendant, Sherwin H. Shapiro
Robert W. Kerkmann for the Defendants, Frances Furmanov and Frances Furmanov Paralegal Services
HEARD: July 12, 2018
CASE CONFERENCE ENDORSEMENT
DIAMOND J.:
[1] A telephone case conference proceeded before me on July 12, 2018 to address certain procedural and substantial issues which have arisen since the release of my last Endorsement. I address each of the issues raised before me in turn:
- In my view, the parties ought to have separate orders issued and entered for each of the six motions contained in my Reasons for Decision released on March 5, 2018. As discussed, counsel for the parties shall exchange draft orders for each other’s review and approval as to form and content.
If any draft order(s) cannot be resolved between counsel by July 18, 2018, they shall file their respective draft versions of the order(s) with my assistant and I will then settle any remaining outstanding orders.
- In early June 2018, the plaintiff served a Fresh as Amended Statement of Claim upon the defendants. Shapiro takes issue with certain causes of action now advanced by the plaintiff against him. In particular, Shapiro argues that, inter alia, the plaintiff has “resurrected” its claim for breach of fiduciary duty against Shapiro in contravention of my previous ruling, and has now raised new causes of action against Shapiro which have been commenced outside the relevant limitation period.
Shapiro’s Rule 21 motion shall proceed before me on September 27, 2018 for a half day hearing. Presumably, the parties can agree upon a mutually convenient timetable for the interim steps leading up to that hearing. If they cannot, they may arrange a further telephone case conference with me to make submissions.
- The plaintiff wishes to renew its efforts to seek a Mareva injunction. I addressed the plaintiff’s previous request in my Case Conference Endorsement released on February 28, 2018. In that Endorsement, while I refused to schedule the plaintiff’s Mareva injunction in advance of the trust funds motions, I did rule that the Mareva injunction could still be scheduled and argued at a later date.
The plaintiff’s Mareva injunction motion shall proceed before me for a full day hearing on December 5, 2018. The plaintiff’s (Supplementary) motion material shall be served upon the parties by no later than August 10, 2018. Once again, if the parties cannot agree upon a mutually convenient timetable for the interim steps leading up to the hearing date, they may arrange for a telephone case conference.
- The Atkinson defendants request that the outstanding costs orders against them be paid from the funds held in trust as directed by my Endorsement of July 5, 2018. Counsel for the plaintiff wishes to seek instructions before providing a responding position. In the event that the plaintiff refuses the Atkinson defendants’ request, the parties may file written submissions on this issue pursuant to the following schedule:
(a) Atkinson defendants’ submissions to be served and filed by July 20, 2018;
(b) Plaintiff’s submissions to be served and filed by July 30, 2018.
After I receive those written submissions, I will review them and rule upon the Atkinson defendants’ request.
Diamond J.
Released: July 13, 2018
COURT FILE NO.: CV-16-00550104
DATE: 20180713
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
ONTARIO PROFESSIONAL FIRE FIGHTER’S ASSOCIATION
Plaintiff
– and –
PAUL ATKINSON, COLIN GRIEVE, PROFESSIONAL FIREFIGHTERS ADVOCATES INC., SHERWIN H. SHAPIRO, SHAPIRO LAWYERS PROFESSIONAL CORPORATION, FRANCES FURMANOV and FRANCES FURMANOV PARALEGAL SERVICES
Defendants
CASE CONFERENCE ENDORSEMENT
Diamond J.
Released: July 13, 2018