Court File and Parties

COURT FILE NO.: CV-16-553833-00CP

DATE: 20190124

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: MATTHEW KIRSH and GAYLE KIRSH, Plaintiffs

– AND –

BRISTOL-MYERS SQUIBB, BRISTOL-MYERS SQUIBB CANADA CO./LA SOCIETE BRISTOL-MYERS SQUIBB, OTSUKA PHARMACEUTICAL COL, LTD., OTSUKA CANADA PHARMACEUTICAL INC., OTSUKA AMERICA PHARMACEUTICAL, INC., OTSUKA AMERICA, INC., OTSUKA MARYLAND MEDICINAL LABORATORIES, INC., and OTSUKA PHARMACEUTICAL DEVELOPENT & COMMERCIALIZATION, INC., H. LUNDBECK A/S, AND LUNDBECK CANADA INC., Defendants

BEFORE: EM Morgan J.

COUNSEL: Joel Rochon and Golnaz Nayerahmadi, for the Plaintiffs Randy Sutton, for the Otsuka Defendants Frank McLaughlin, for the Lundbeck Defendants Robin Linley, for the Bristol-Myers Squibb Defendants

HEARD: January 24, 2019

ENDORSEMENT

[1] Counsel appeared before me today and advised that the previously contested issue of carriage has now been resolved. I have signed a consent Order dealing with the carriage issue.

[2] I am also advised that all parties and their counsel have agreed on a schedule of proceedings leading up to a certification motion and, potentially, one or more jurisdiction motions, in one year’s time. To the extent that counsel appearing today also represent foreign Defendants, their appearance is for scheduling purposes only and does not constitute an attornment to Ontario jurisdiction.

[3] I understand that Plaintiffs’ counsel has already served Defendants’ counsel with a Motion Record for certification. The balance of the schedule agreed to by counsel and approved by me is as follows:

February 28, 2019 – Plaintiffs to produce relevant and available medical and gambling records, and request third party records not yet in the possession of the Plaintiffs, and to advise of any objections

April 15, 2019 – Any issues arising out of Defendants’ request for production of Plaintiffs’ medical and gambling records to be resolved

June 28, 2019 – Defendants to deliver responding certification materials

August 30, 2019 – Plaintiffs to deliver reply certification materials

October 24, 2019 – Completion date for cross-examinations

November 22, 2019 – Plaintiffs’ factum for certification

December 20, 2019 – Defendants’ responding factum for certification

January 15, 2020 – Plaintiffs’ reply factum for certification

January 27-29, 2020 – Certification motion hearing, including any jurisdiction motions

Morgan J.

Date: January 24, 2019