Court File and Parties

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

Date: 2019-11-13

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: Sue Kumar (Paralegal), 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 Jae Sung Hong, for the Defendant UNICA Insurance Inc. Bill Denstedt, for the Plaintiff/Defendant Rashid Andrew Lee, not present, for plaintiff Anton

Heard: November 12, 2019

Endorsement

[1] I am the case management judge for these 5 actions which arise from a motor vehicle accident that occurred on January 23, 2016. In an endorsement dated July 11, 2019, I set a timetable for certain necessary steps. Portions of my order have been complied with while others have not. Counsel advised that on consent, a mediation has been arranged for May 14, 2020.

[2] The continued examination for discovery of Andrikopoulos has been completed. Most of the parties have answered their undertakings arising from the June 2019 discovery. If counsel have not received responses to their letters requesting material pursuant to undertakings made, they are to send opposing counsel copies of their letters by November 30, 2019.

[3] In my earlier endorsement, I ordered defence medical examinations to be arranged quickly and completed by March 31, 2019. Mr. Alexander advised that he has not booked the defence medical(s) for Andrikopoulos as he is in Greece. Counsel is to arrange such examinations immediately, hopefully to be done in March 2020.

[4] Mr. Alexander advised that counsel for the Plaintiff Rashid has not delivered any expert reports. Counsel of record, Mr. Alam, was not on the call; Mr. Denstedt from Mr. Alam’s office participated. He advised that his instructions were that no Rule 53 reports would be secured and served. This makes no sense to me, given the legislative requirements. Mr. Alam is to send me a letter by November 15, 2019 advising how the Plaintiff Rashid intends to prove its case without expert evidence. Any expert reports on which the Plaintiff Rashid intends to rely at trial concerning injuries sustained must be served by December 15, 2019.

[5] I was advised that no Rule 53 reports have been served on behalf of the Plaintiff Anton. Counsel for Anton, Mr. Lee, was not on the conference call this morning. Any expert reports on which the Plaintiff Anton intends to rely with respect to injuries sustained are to be served no later than December 15, 2019.

[6] Mr. Kreder, counsel for the Plaintiff Sivarajah, was not on the conference call this morning and instead, a paralegal, Ms. Kumar, was dispatched to participate. She had little knowledge of the file and in any event, it is not appropriate for a paralegal to attend a case conference with a judge instead of the solicitor with carriage. I was advised that the Plaintiff Sivarajah has not served any expert reports. In response to my inquiry, I was told that a psychological assessment had been requested on August 29 but Ms. Kumar was unable to advise me if the appointment went ahead, who the expert was or if a report would be served. This was less than satisfactory. Mr. Kreder is to advise forthwith whether the psychological assessment has taken place, and if so, with whom. Any report from this assessment, and any other expert reports on injuries and the threshold issue are to be served no later than December 15, 2019.

[7] Any reports from experts dealing with economic losses or care costs for the various plaintiffs are to be served no later than April 15, 2020.

[8] It is clear these matters must be tried together or one after the other. I appreciate there are insurance issues which potentially could be dealt with separately from the damages trial. I can deal with this issue later, but an order must issue for trial together. Ms. Brown is to send me a draft order for my signature.

[9] A further case conference will be held February 10, 2020 at 930. Counsel with carriage of the files are to participate. If other issues arise before that time, counsel are directed to contact me.

[10] In my view, counsel and the parties benefit greatly from case management. However, it only works if counsel comply with the timelines set at case conferences and if counsel with carriage of the files participate. It is unacceptable and disrespectful to the Court for counsel to send paralegals or solicitors who have no knowledge or authority on the file to attend case conferences.

D. A. Wilson J.

Date: November 13, 2019