Court File and Parties
COURT FILE NOs: CV-16-544545-00CP DATE: 20191212
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Barry Rebuck, Plaintiff – AND – Ford Motor Company and Ford Motor Company of Canada, Limited and Yonge-Steeles Ford Lincoln Sales Limited, Defendants
BEFORE: E.M. Morgan J.
COUNSEL: Irving Marks, David Taub, and Matthew Baer, for the Plaintiff Hugh DesBrisay and Jill Lawrie, for the Defendants
HEARD: December 9, 2019
CASE CONFERENCE ENDORSEMENT
[1] Counsel advise that the Notice Plan for the Notice of Certification has now been agreed to by all parties. It appears thorough and appropriate to this case. It is hereby approved.
[2] The Plaintiff is bringing a motion for summary judgment. This was initially to be related to common issues 1 through 4. The Amended Notice of Motion now includes common issue 6 (re damages calculation).
[3] This is an admittedly complex question. The case spans numerous statutory regimes across the country which are different from each other in ways which potentially impact on the damages issue and which may prompt a complicated multijurisdictional analysis. Furthermore, and separate from the multijurisdictional nature of the undertaking, the claim requires the Defendant to collect, analyze and present a large amount of data on its pricing and components thereof.
[4] Counsel for the Defendants asks to have until June 15, 2020 for all of its responding materials to be complete. While I do not want to unduly delay the Plaintiff’s motion or the parties’ readiness for trial, I respect the magnitude of the task that the Defendants confront in properly responding to this claim. In the context of this litigation, the 7 months requested by Defendants’ counsel seems to strike a reasonable balance.
[5] The Defendant shall have all of its responding materials for the summary judgment motion served on Plaintiff’s counsel by June 15, 2020. I expect counsel to work cooperatively with each other in scheduling any examinations and cross-examinations leading up to the motion.
[6] The summary judgment motion will be heard by me for 5 days beginning on December 7, 2020.
Date: December 12, 2019
Morgan J.