Court File and Parties
COURT FILE NOs: CV-18-00609498-00CP and CV-18-00609920-0000 DATE: 20190404 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: John Somwar, Tulsidai Somwar and Stephanie Somwar, Plaintiffs – AND – Fly Jamaica Airways Ltd., The Boeing Company, John Doe #1 Pilot, John Doe #2 Pilot, John Doe #3 Aircraft Maintenance Provider, John Doe #4 Aircraft Maintenance Mechanic, Defendants
AND RE: Invor Bedessee, Shanta Persaud, Harpreet Singh and Zakran Ally, Plaintiffs – AND – Fly Jamaica Airways Ltd., The Boeing Company, John Doe #1 and John Doe #2, Defendants
BEFORE: E.M. Morgan J.
COUNSEL: V. Genova, D. Worndl, P. Miller, and V. Lord, for the Plaintiffs C. Hunter, for the Defendant Fly Jamaica Airways Ltd. R. Fenn, for the Defendant, The Boeing Company
HEARD: April 4, 2019
Case Conference
[1] This is an initial case conference for this proposed class action.
[2] Counsel for Boeing appears today as a scheduling courtesy to the court, and not as an attornment to Ontario court jurisdiction. He has not filed a Notice of Intent to Defend for the same reason, although he is making himself available to all counsel for the purposes of communicating with his client. He and his client are contemplating the possibility of a motion challenging this court’s jusisdiction.
[3] Plaintiffs’ counsel advise that the two actions listed here are shortly to be consolidated into one. A consolidated pleading is to be served on the Defendants by April 12, 2019. Counsel for the Plaintiffs is requested to send my assistant a page containing the new style of cause once the amended pleading is finalized.
[4] Counsel for the Plaintiffs has also advised that Fly Jamaica appears to have ceased operations, which is of concern to the Plaintiffs since it raises the prospect of insolvency. He has sent a Preservation Notice to Fly Jamaica with respect to evidence relevant to this action.
[5] Counsel for Fly Jamaica has in turn advised that this claim is being covered by his client’s insurance and that the insurer will be seeing to the defense. He has acknowledged that his client has received the Preservation Notice.
[6] The certification motion will take place on September 3, 2019. One full day of court time has been set aside for the hearing.