DATE: 20190730

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: MD AHASANULLAH CHOWDHURY, Plaintiff

AND:

CITY OF TORONTO, TORONTO POLICE SERVICES BOARD, TORONTO COMMUNITY HOUSING CORPORATION, and BANGLADESHI-CANADIAN COMMUNITY SERVICES, Defendants

BEFORE: Mr. Justice Stephen Firestone

COUNSEL: MD Ahasanullah Chowdhury, Self-represented Plaintiff

Michael J. Sims, for the Defendants, City of Toronto and Toronto Police Services Board

Katie Douglas, for the Defendant, Toronto Community Housing Corporation

Bangladeshi-Canadian Community Services, Self-represented Defendant

HEARD: In writing

ENDORSEMENT

[1] The Plaintiff has requested that this case be included in the Civil Case Management Pilot-One Judge Model.

[2] The responsibility for determining requests for case management, including applications to participate in the Civil Case Management Pilot have been delegated to me in my capacity as Civil Team Lead-Toronto Region.

[3] I have reviewed the Application to Participate in the Civil Case Management Pilot as well as the responding submissions received.

[4] In accordance with the Practice Advisory Concerning the Provincial Civil Case Management Pilot-One Judge Model (Effective February 1, 2019) all parties must consent to the following terms of the pilot:

a) The case management judge will preside at the trial of the case, and

b) Interlocutory disputes will be resolved through informal processes, such as case conferences, and no formal interlocutory motions will be scheduled unless the case management judge orders otherwise.

[5] The Application to Participate in the Civil Case Management Pilot: One-Judge Model requires confirmation that all parties consent to these terms.

[6] The application submitted by the plaintiff to participate in the Civil Case Management Pilot-One Judge Model is not on the consent of the parties. The Defendants City of Toronto, Toronto Police Services Board; Toronto Community Housing Corporation and Bangladeshi-Canadian Community Services have confirmed that they do not consent to the pilot project.

[7] For these reasons, the Plaintiffs’ request to have this action placed into the Civil Case Management-One Judge Pilot Project is denied.

[8] The Defendants City of Toronto; Toronto Police Services Board and Toronto Community Housing Corporation have scheduled motions to strike returnable September 25, 2019. The parties are at liberty to request case management under rule 77 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 following the disposition of the Defendant’s motions to strike.

Justice S. Firestone

Date: July 30, 2019