Court File and Parties

COURT FILE NO.: 07-CV-342124PD2 DATE: 20191128

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Samuel Simpson, a minor by his litigation guardian The Children’s Lawyer, Michael Simpson and Lee Dash-Simpson, Plaintiffs

AND:

Jim Forsythe, Leslie Forsythe, James Forythe, Daniel Forsythe, John Doe, Jane Doe, ABC Corporation, XYZ Corporation, Marthold Investments Limited and Forsythe Family Farms, Defendants

BEFORE: Darla A. Wilson J.

COUNSEL: Anita Varjacic, for the minor Plaintiff Samuel Simpson James Srebrolow, for the Plaintiffs Michael Simpson and Lee Dash-Simpson Jonathan Schwartzman, for the Defendants Eman Khoshbin, for the Plaintiffs Soulias in the companion action

HEARD: November 26, 2019

Endorsement

[1] I have been case managing two actions arising from a visit to the defendant farm in October 2005. There is a trial date fixed for March 22, 2021 for 35 days. Today’s case conference involved the infant Samuel Simpson. I have done numerous endorsements on this matter since being appointed Case Management Judge.

[2] I was advised that the discoveries of Michael Simpson and Lee Dash-Simpson have been completed.

[3] At the last case conference in May 2019, I made an order establishing timelines for service of expert reports. Ms. Varjacic, counsel for Samuel, advised that the pediatric neurologist, Dr. MacGregor had been retained and had assessed Samuel but required an MRI in order to finalize her opinion. The MRI was booked in December 2019, but it was hoped that the date could be moved up.

[4] Unfortunately, Ms. Varjacic confirmed that the MRI remains scheduled for December 2019 and thus, she required an amendment to my order of Mary 24, 2019 concerning the dates for service of expert reports.

[5] I understand that the MRI is critical to Dr. MacGregor completing her assessment and delivering a Rule 53 compliant report. As a result, I amend my order of May 24 as follows:

[6] In the case involving Samuel Simpson, the report of Dr. MacGregor is to be served by January 31, 2020. Any neuropsychological report is to be served by 30 April 2020. Any other expert reports on damages are to be served by May 31, 2020. The defence expert reports on damages are to be served by November 30, 2020.

[7] A pretrial is to be arranged before me in January 2021 and counsel are to contact Janice Dickie to arrange this.

[8] I will deal with other issues if advised.

D. A. Wilson J.

Date: November 28, 2019