Court File and Parties

Court File No.: 177/19 Date: 2020-04-21 Superior Court of Justice - Divisional Court - Ontario

Re: Industrial Alliance Securities Inc. v. Kunicyn

Before: D.L. Corbett J.

Counsel: Peter Osborne, Brian Kolenda and Jonathan Langley, for the Appellant Kunicyn Scott Kugler and Kavi Sivasothy, for the Respondent Douville Alexandra Grishanova, for the Respondent Industrial Alliance

Case Management Endorsement

[1] This appeal from the interlocutory order of Stewart J. (unreported: 2019 ONSC 1624) [leave to appeal granted by this court on November 4, 2019] shall proceed on May 20, 2020, for an estimated 3.0 hours, before a panel of three judges of the Divisional Court.

[2] The hearing will be conducted as a video conference. ZOOM technology will be used. Further details about the videoconferencing process will follow subsequently.

[3] Neither counsel nor the court will gown for the hearing. Instead, business attire is required for anyone with a speaking role in the hearing. All parties must ensure that they participate in the videoconference from appropriate surroundings and that they (and the Court) will not be interrupted or disturbed during the hearing.

[4] Counsel for the Appellant shall arrange for a password-protected electronic drop box from which materials may be downloaded. All parties shall arrange to have their materials uploaded to the drop box by April 24, 2020, and counsel for the Appellant shall provide the court with the URL and password by April 27, 2020.

(a) All documents other than factums shall be uploaded to the drop box in pdf format. (b) Documents should be labelled in a manner that identifies them clearly for the panel so that it is not necessary to open the document to understand what it is. Pages should be numbered sequentially within each pdf. If this is not practical, given the current state of the documents, then individual documents should be uploaded to the drop box in pdf form, so that each document is clearly labelled, enabling the panel to find document quickly. (c) Factums are to be filed in Word version. Where possible, the factums should contain hyperlinks for authorities and, if possible, hyperlinks to a “Factum Compendium”, described below. (d) Books of authorities containing the full text of authorities should not be uploaded to the drop box. However, citations to cases in the factums are to provide, if possible, a hyperlink to the version of cases. The only exceptions to this principle are authorities not available on, such as excerpts from textbooks, foreign law, or Canadian decisions not reported on: these should be collected in a small brief of unreported authorities and filed electronically. (e) Parties may file a “Factum Compendium” containing single pages or brief portions of cases cited, and brief portions of evidence from the record referenced in the factum, hyperlinked in the factum. Where portions of cases are included in a compendium, the title of proceedings and headnote should be included as well. Where portions of the record are included in a Factum Compendium, the first page of the document and identification of where it may be found in the record should also be provided. (f) All parties are permitted to (but are not required to) file the following additional documents (in addition to documents permitted under the Rules): (i) A version of their previously filed factum with hyperlinks to cases and/or evidence; (ii) A Factum Compendium, described above; and (iii) A compendium for oral argument, containing excerpts of evidence and authorities to which counsel will refer in oral argument. (g) All parties shall file a counsel sheet setting out the name(s) of counsel and the estimated time for counsel’s submissions. (h) All documents for use in the hearing are to be uploaded to the drop box by April 27, 2020, except for compendiums for oral argument, which shall be uploaded by May 19, 2020.

[5] Counsel are reminded that the court expects counsel to try to agree on costs in advance of the hearing, and, failing agreement, to have costs outlines and bills of costs ready to provide to the court by email during the hearing or immediately upon its conclusion, as the court may direct.

[6] If counsel believe there are points from the case management conference that are not reflected in this endorsement, they should so advise the court by email as soon as they can.

[7] The court has endorsed its fiat on this endorsement this day; the unsigned version distributed to the parties today has the authority and effect of the signed version, a copy of which will be provided to the parties in due course after the suspension of ordinary court operations is lifted.

D.L. Corbett J. Date: April 21, 2020