Court File and Parties

COURT FILE NO.: CV-19-594948 DATE: 20190225 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Caplan et al. v. Nadire Atas

COUNSEL: Gary Caplan – Plaintiffs Nadire Atas self-represented

HEARD: In Chambers, in writing

BEFORE: D.L. Corbett J.

Case Management Endorsement

[1] I have received draft injunction orders from both sides.

[2] Ms Atas correctly points out that the notice of motion requested removal of various publications by Ms Atas from the internet. This aspect of the requested relief was not mentioned during oral argument, was not requested by the moving parties at the return of the motion, and the court did not adjudicate on whether this relief should be included in the injunction order. Both of these aspects shall be included in the order: the request for relief in the preamble, and a paragraph in the order as follows:

THIS COURT ORDERS that, the plaintiffs not having pursued their request for an order that impugned publications be removed from the internet in this interlocutory injunction, the court makes no order in this regard.

[3] Ms Atas also points out correctly that the moving parties sought costs in their notice of motion; this aspect of the claim for relief need not be recited in the preamble to the order, however, since it is not necessary to understanding what happened on the motion.

[4] Ms Atas correctly points out that the only evidence before the court was filed by the moving parties. This shall be included in the preamble to the order, as well as the fact that Ms Atas filed no evidence despite having been given the opportunity to do so (subject to Ms Atas’ answer to the question below, about why she seeks to reference a 2016 affidavit from her as part of the evidence on this motion).

[5] Ms Atas is correct that an adjournment request from her was denied. This does not need to be included in the order, however, because it is now spent.

[6] The moving parties are correct that the court directed that Ms Atas could raise “constitutional questions” at a subsequent case management conference. However, this is a case management direction and not part of the substantive order. It shall not be included in the injunction order. There is no need to take out a formal order respecting this scheduling direction and para. 3 of the draft order from the moving parties shall be deleted.

[7] The parties do not have the same list of materials that were before the court on the motion. The moving parties shall advise the court, by March 1, 2019, whether they agree that the following items should be added to their list in the preamble:

a. Affidavit of Dr Joseph Caplan sworn April 19, 2019 b. Affidavit of Derek Luth sworn April 17, 2018

Ms Atas lists an affidavit she swore on April 22, 2016 as evidence filed on the motion. She shall explain in writing, by March 1, 2019, why she says this is a document that should be referenced in the preamble as evidence filed on this motion. Ms Atas also does not include the Supplementary Affidavit of Guy Sanderson Babcock sworn January 25, 2019 in the preamble. She shall explain in writing why she has not included this document in the preamble by March 1, 2019.

[8] The operative part of the order continues the interim orders granted previously. It can say no more than that, or it can say that and repeat, exactly, the wording used in the interim orders. I do not understand why I have two different versions from the parties of this part of the operative part of the order. Ms Atas shall explain in writing why she has not accepted the language proposed by the moving parties by March 1, 2019.

[9] Paragraph 5 of Ms Atas’ proposed draft order is implicit in para. 4 of her draft order (and para. 3 of the moving parties’ draft order). It need not be included in the formal order. The dicta on this issue in my endorsement explained why I ordered costs of the motion only to the plaintiffs, in the discretion of the trial judge.

[10] If either side believes that I have missed any disagreement between the parties on the text of the order to be issued, they shall identify it to me, in writing, by March 1, 2019.

D.L. Corbett J. Date: February 25, 2019