Court File and Parties

Court File No.: CV-18-601289 CV-17-572437 CV-18-590380 CV-17-588944 CV-17-585131

Date: 20190711

Superior Court of Justice - Ontario

Re: Court File No.: CV-18-601289 Thengavi Sivarajah, Plaintiff AND: Nicolaos Andrikopoulos, 9016457 Canada Corporation, Keerthan Mangaleswaran, Enterprise Rent-A-Car Canada, Defendants

and Re: Court File No.: CV-17-572437 Nicolaos Andrikopoulos, Plaintiff AND: Keerthan Mangaleswaran, Enterprise Rent-A-Car Canada Company /LA Compagnie De Location D’Autos Enterprise Canada and Unica Insurance Inc., Defendants AND: ACE INA Insurance/Assurance ACE INA, added by an order pursuant to section 258(14) of the Insurance Act, R.S.O. 1990, c. I.8, Third Party

and Re: Court File No.: CV-18-590380 Nicolaos Andrikopoulos and 9016457 Canada Corporation, Plaintiffs AND: Hub International Sinclair Cockburn Ltd., Jose Montano, Vivian Goudogianis and UNICA Insurance Inc., Defendants

and Re: Court File No.: CV-17-588944 Denoshia Anton, Plaintiff AND: Keerthan Mangaleswaran, Enterprise Rent-A-Car Canada Company/ LA Compagnie De Location D’Autos Enterprise Canada, Nicholas Andrikopoulos, 9016457 Canada Corporation, Tawhidullah Rashid, Allstate Insurance Company, Defendants AND: ACE INA Insurance/Assurance ACE Inc, added by an Order Pursuant to Section 258(14) of the Insurance Act, R.S.O. 1990, c. I.8. Unica Insurance Inc., Third Party

and Re: Court File No.: CV-17-585131 Tawhidullah Bin Rashid, Plaintiff AND: Nicolaos Andrikopoulos, 9016457 Canada Corporation, Keerthan Mandaleswaran, Enterprise Rent-A-Car Company, Aviva Insurance Company of Canada, Defendants AND: ACE INA INSURANCE/ASSURANCE ACE INA, added by an Order pursuant to section 258(14) of the Insurance Act, R.S.O. 1990, c. I.8, Third Party

Before: D. A. Wilson J.

Counsel: Ryan Naimark, for the Plaintiff Sivarajah Andrew Yolles and Heidi Brown, for the Defendants/Plaintiffs Andrikopoulos and 9016457 Canada Corporation Timothy Alexander, for the Defendant Enterprise Rent-A-Car Canada Murray Stieber, for the Defendant/Third Party HUB International Sinclair Cockburn Ltd., Jose Montano and Vivian Goudogianis Frank S.M. Devito and Jae Sung Hong, for the Defendant UNICA Insurance Inc. Mark W. Birdsell and Muhammad Aftab Alam, for the Plaintiff/Defendant Rashid Andrew M. Lee, for plaintiff Anton

Heard: July 9, 2019

Endorsement

[1] In December, 2018, I was appointed case management judge of these five actions, which arise from a motor vehicle accident that occurred on January 23, 2016. There were several cars involved in the collision and four plaintiffs have asserted personal injury claims as a result. One defendant, Mangaleswaran, has been noted in default. There is an issue about insurance coverage and one plaintiff, Andrikopoulos, has issued a claim against his broker and against his own insurer for breach of contract. Liability and damages are in dispute.

[2] At the original case conference January 16, 2019, I was advised that examinations for discovery of all parties were scheduled for the end of June. Counsel indicated a timetable was being developed on consent. The next case conference was set for July 9, 2019.

[3] At today’s conference, counsel confirmed that the discoveries of the parties proceeded and were completed but for the examination of the plaintiff Andrikopoulos, whose discovery on liability has been completed but not on the damages issues. Counsel have agreed on a mediator, Frank Gomberg, and wish to schedule a mediation on a mutually agreeable date.

[4] A timetable needs to be done for the remaining steps. I make the following order:

[5] Counsel for the plaintiff Andrikopoulos shall circulate for approval and forward to me a draft consent order for trial together of these actions;

[6] The continued examination for discovery of Andrikopoulos shall be held on or before October 31, 2019;

[7] All parties shall answer their undertakings from the June 2019 discoveries (or produce evidence of best efforts to do so) by September 30, 2019;

[8] Counsel for the plaintiff Andrikopoulos shall advise by July 31, 2019 whether the action will continue against the defendant Unica;

[9] Defence medical examinations are to be arranged forthwith and completed by March 31, 2020;

[10] Counsel for the plaintiff Anton is to provide a copy of his client’s examination for discovery transcript to Mr. Stieber, counsel for HUB;

[11] Counsel are to provide copies of their client’s pleadings to my assistant;

[12] The next case conference is fixed for November 12, 2019 at 9:15. In the interim, if issues arise, I may be contacted.

D. A. Wilson J. Date: July 11, 2019