Court File and Parties

COURT FILE NO.: 04-CV-263770-CMI DATE: 20191129

ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN:

OTTAVIANO VALERI, ELISA VALERI, JOHN VALERI, DOMINIC MARIANI, MICHAEL MARIANI and THE ESTATE OF LINDA MARIANI Plaintiffs

-and-

RICHARD WILLS Defendant

BEFORE: F.L. Myers J.

COUNSEL: David Moore, for the plaintiffs

READ: November 29, 2019

DIRECTION

[1] Mr. Moore has been attempting to schedule a case conference in order to schedule an assessment of damages in this proceeding. The defendant is incarcerated in Mountain Institution in British Columbia. Mr. Moore has been unable to contact the defendant for several months despite efforts to do so.

[2] I will hold a case conference by telephone on December 9, 2020 at 3:30 pm EST. That is 12:30 pm Pacific Time.

[3] The call-in numbers will be set out in the email forwarding this Direction to Mr. Moore. I request Mr. Moore to forward them to the defendant and whomever he contacts at Mountain Institution.

[4] The court respectfully requests the assistance and cooperation of the Mountain Institution to enable the defendant to participate in the case conference. It would be helpful if Mountain Institution would convey to Mr. Moore its current preferred manner for him to be able to send information with some assurance that it will come to the attention of the defendant.

[5] This matter has been outstanding for too long. It is important to the parties and to the administration of civil justice that the case be heard and resolved. Accordingly, the parties should expect the court to make orders at the case conference under Rule 50.13(6) of the Rules of Civil Procedure, RRO 1990, Reg. 194, so as to schedule the final damages assessment to be heard in the near term.

[6] Moreover, the case conference will proceed whether the defendant chooses to participate or not absent an order to the contrary obtained on written motion.

F.L. Myers J.

Date: November 29, 2019