Court File and Parties

Court File No.: various Date: 20190524 Superior Court of Justice - Ontario

Re: Caplan et al. v. Nadire Atas and many other proceedings

Counsel: Gary Caplan – Plaintiffs Christina Wallis – Peoples Trust Nadire Atas self-represented

Heard: In Chambers, in writing

Before: D.L. Corbett J.

Case Management Endorsement

[1] On December 7, 2018, I dismissed counterclaims asserted by Ms Atas in defamation proceedings brought against her, as reflected in my endorsement of January 3, 2019 (2019 ONSC 71). Counsel for the plaintiffs provided orders in respect to these dismissals in actions CV-16-544153 and CV-18-594948, which I signed on May 20, 2019.

[2] On September 14, 2018, on consent, I ordered that the trials in the three defamations actions be heard at the same time or one immediately after the other, or as the trial judge may direct. The parties provided me with different draft orders. I prefer the plaintiffs’ preamble, since the motion started as a request for consolidation which was resolved by the order made for trials together. I prefer Ms Atas’ version of the operative part of the order: the case management direction included as paragraph 2 of the plaintiffs’ draft order is now spent, and it would clutter the trial record to include case management directions that do not bear upon the trial. I have signed the plaintiffs’ draft order, but I have deleted the second paragraph of their draft.

[3] Counsel may pick up the original signed orders through arrangement with my assistant to have them issued and entered.

[4] On December 7, 2018, I dismissed all claims by Ms Atas and her company against Krishan and Nutan Chahal. Counsel for the Chahals has provided me with a draft order, but the draft does not properly reflect the orders made. Separate orders should be drafted in each of the dismissed proceedings (court files CV-11-429151 and CV-14-507421). That is, there should be a separate order dismissing each proceeding as against the Chahals, and each order should bear the correct title of proceeding. The orders are not made within the s.140 application (as the draft order is styled). Counsel may track the draft language used for dismissal of the counterclaims in the defamation actions as a precedent. If counsel provide me with corrected draft orders prior to the case management conference scheduled for May 31, 2019 then they need not attend that case management conference.

[5] On December 7, 2018, I dismissed David Baker’s small claims court action against Ms Atas, including Ms Atas’ counterclaim. I do not believe that I have received a draft of this order for signature. I would be obliged if counsel would provide me with a draft order prior to or at the case management conference on May 31, 2019.

[6] Aside from the draft orders mentioned in this endorsement, I do not believe that there are any other outstanding formal orders to be issued and entered in respect to matters subject to case management. Any party who believes otherwise should so advise my office as part of their proposed agenda items for the case management conference on May 31, 2019.

“Corbett J.” D.L. Corbett J. Date: May 24, 2019