Court File and Parties

COURT FILE NO. CV-14-511333-00CP

DATE: 20190104

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: ANNE LEVAC, Plaintiff

– AND –

STEPHEN ROSE JAMES, SUE-ELLEN SOLGER, IZABELLA GERBEC, ERIN KOSTUCH, ANITA TAKYI-PRAH, JOANA NUNES, ELIZABETH HICKEN, MARISSA ALLIN, RACHEL SCHRIJVER, ANNIE MICHAUD, ANNA NUDEL, ELENA POLYAKOVA, RAYMUND TANALGO, JEFFERD FELIX, JASON FOSTER, PAOLO GALVEZ, GLENN FRANCESCO, PETER ROTHBART and ROTHBART CENTRE FOR PAIN CARE LTD., Defendants

BEFORE: E.M. Morgan J.

COUNSEL: Paul Harte and Maria Damiano, for the Plaintiff

Darryl Cruz, Erica Baron, and Eric Pellegrino, for the Defendant, Stephen Rose James

Voula Kotoulas, for the Defendants, Sue-Ellen Solger, Izabella Gerbec, Erin Kostuch, Anita Takyi-Prah, Joana Nunes, Elizabeth Hicken, Rachel Schrijver, Annie Michaud, Anna Nudel, Elena Polyakova, Raymund Tanalgo, Jefferd Felix, Jason Foster, Paolo Galvez, and Glenn Francesco

HEARD: January 4, 2019

CASE CONFERENCE ENDORSEMENT

[1] The Plaintiff will be bringing a motion to amend its pleading and to amend the common issues in this certified class action. The amendments are substantive and will require new affidavit materials to be filed, cross-examinations to be completed, and factums to be submitted prior to the motion being argued.

[2] This endorsement sets out the schedule for the Plaintiff’s motion discussed at this morning’s case conference.

[3] The counsel listed above were in attendance at the case conference. There are a number of parties whose counsel were not able to attend the case conference. For greater certainty, the schedule set out herein binds all parties, including those whose counsel were not in attendance this morning. Counsel for the Plaintiff shall advise any missing counsel of the schedule and provide them with a copy of this endorsement.

[4] The motion date that had previously been booked for January 28, 2019 is cancelled.

[5] I understand that counsel for the Plaintiff has already provided counsel for the Defendants with motion materials.

[6] Counsel for the Defendants shall advise counsel for the Plaintiff by February 28, 2019 whether the Defendants will be serving with their responding materials any expert reports in any new field not previously covered by the existing expert reports in this case. If new experts need to be retained by the Plaintiff in reply to new expert subject areas raised by the Defendants, counsel for the Plaintiff will be at liberty at that time to arrange a new case conference to discuss with me the impact of that on the balance of the schedule.

[7] Counsel for the Defendants shall provide responding materials to counsel for the Plaintiff by March 29, 2019.

[8] Counsel for the Plaintiff shall provide reply materials to counsel for the Defendants by April 30, 2019.

[9] Cross-examinations shall be scheduled among counsel for all relevant parties, and in any case shall be completed by June 28, 2019.

[10] Factums are to be exchanged among counsel and filed with the court by July 8, 2019.

[11] The motion shall be heard in court on July 11 and 12, 2019.

Morgan J.

Date: January 4, 2019