Court File and Parties

Court File No.: CV-15-5793-00 Date: 2018 09 11 Superior Court of Justice - Ontario

Re: RASHID HAROON v. SUPERMARKET CLEANING MANAGEMENT INC., CREED NATION HOLDINGS INC., JOANNA CREED, JEREMY CREED and JACK CREED

Before: LEMAY J

Counsel: J. Irving, Counsel for the Plaintiff M. Valente, Counsel for the Defendants

Endorsement

[1] This is an action, with a counterclaim, relating to the termination of a sub-licensing agreement between the Plaintiff, as licensee, and SCMI as the licensor. An action was commenced at the end of 2015, and a temporary injunction was granted by Emery J. on December 29th, 2015.

[2] I dissolved the injunction in this matter on April 12th, 2018. At the same time, I imposed a timetable on the parties, and set a trial date for the week of February 25th, 2019. There was also a timetable for the filing of a defence to the counterclaim, the completion of Affidavits of Documents and the completion of examination for discoveries. These tasks were all to be completed before the end of August, 2018.

[3] Having become familiar with the file, I also offered the parties the option of having me conduct the pre-trial, which was scheduled for September 11th, 2018. That pre-trial was duly held, but no progress on resolution was made.

[4] Mr. Irving, counsel for the Plaintiff, attended by teleconference as a result of surgery. He advised the Court that he is having communications difficulties with his client, and that this was the reason that the timetable had not been adhered to. I indicated to Mr. Irving that the matter needed to move forward, and that he appeared to require the Court’s assistance in having his client understand what is required.

[5] To that end, I advised the parties that I was modifying the timetable as follows:

a) The defence to the counterclaim must be served and filed by the end of the month. Given that September 30th, 2018 falls on a Sunday, the defence to the counterclaim must be served and filed by October 1st, 2018.

b) The Affidavit of Documents, sworn, must be served on the other side by October 1st, 2018 as well.

c) Discoveries must be completed by December 1st, 2018.

[6] It is my expectation that these steps will be completed. The trial date remains as established.

[7] If items (a) and (b) are not completed by October 1st, 2018, then the Defendants are entitled to move to have the action dismissed, and the counterclaim granted, on the basis of delay. That motion will have to be considered, by another judge, on its merits. However, the Plaintiff runs a risk that his action will be dismissed, and the claim against him will be granted, if he does not move this litigation forward.

[8] At this point, I make no comment about the outstanding costs award, except to note that it needs to be paid promptly.

[9] Finally, I am available for a further pre-trial in this matter at 9:30 on December 10th, 2018.

LEMAY J. DATE: September 11, 2018

Costs Endorsement

COURT FILE NO.: CV-15-5793-00 DATE: 2018 09 11 SUPERIOR COURT OF JUSTICE - ONTARIO RE: RASHID HAROON v. SUPERMARKET CLEANING MANAGEMENT INC., CREED NATION HOLDINGS INC., JOANNA CREED, JEREMY CREED and JACK CREED COUNSEL: J. Irving, Counsel for the Plaintiff M. Valente, Counsel for the Defendants COSTS ENDORSEMENT LEMAY J DATE: September 11, 2018