Court File and Parties
COURT FILE NO.: 20-83233CP DATE: 2020/05/07 SUPERIOR COURT OF JUSTICE – ONTARIO
In the matter of the Class Proceedings Act, 1992, S.O. 1992, c. 6, as amended
RE: Rabbat et. al. AND: Nadon et. al.
BEFORE: Mr. Justice C. MacLeod
COUNSEL: Sean A. Brown and Candace Mak, for the plaintiffs Jaime Macdonald for the University Chris Blom for University of Ottawa Health services and # co. Tina Hill for Dr. Nadon
HEARD: May 7, 2020
Case Conference Order and Direction
[1] This case conference was convened against the backdrop of the temporary suspension of in-court appearances due to COVID-19. The purpose was to establish a timetable leading up to the certification motion. I am the class proceedings judge responsible for this action.
[2] Counsel have been working well together and believe they can agree on exchange of materials and cross examination, but a tentative date for the certification motion is required and the plaintiff also needs to bring a “Wagg motion”.
[3] Wagg motions in relation to completed criminal proceedings are normally not contested as such particularly since the introduction of standard form orders, but the Crown may ask for terms other than the standard terms in particular cases.
[4] Although the Crown was not involved in the case conference, given the restrictions in place due to COVID-19 and the nature of the motion, it seems appropriate to give direction regarding the timing, nature and form of the motion and to make provision for service. Naturally, if anything in this order is problematic for the Crown and the Crown wishes to be heard on the matter, I would entertain any submissions in writing.
[5] I have set a return date for the Wagg motion on the assumption that it can be decided primarily on the basis of written materials with a conference call to deal with any questions and to hear submissions.
[6] I have set a date for the certification motion in the early part of 2021 in a week when all counsel can be available. The date may have to be reviewed if the court suspensions continues for longer than anticipated or if the consequences of the suspension create havoc in the court schedules for next year.
[7] The court therefore orders and directs as follows:
a. Leave is granted to bring a Wagg motion returnable before me on June 25, 2020 at 10:00 a.m. by telephone conference or at the request of any party or if directed by the court, by video conference.
b. Any affidavit for use on the motion may be sworn electronically or by e-mail using any reasonable method by which the person commissioning the affidavit can be satisfied of the identity of the deponent, that the deponent has read and understood the contents of the affidavit and is solemnly swearing or affirming as the case may be. The deponent and the person commissioning the affidavit need not be physically in each other’s presence.
c. The materials may be served by courier on the relevant police service and upon the Crown Law Office (Civil) but in the event the offices are not open to receive courier deliveries, the material may be served by fax or e-mail. Counsel for the police or for the Crown shall co-operate by providing a method by which service may be effected electronically.
d. Responding material may be served on the moving party by email.
e. A notice of motion and cheque for the appropriate motion fee shall be couriered to the civil motions desk in Ottawa. All other material for use on the motion and affidavits of service shall be delivered electronically by e-mail addressed to the civil motions desk at Ottawa.SCJ.courts@ontario.ca
f. The email “re line” shall contain the court file number, short title of the proceedings and “motion returnable June 25, 2020”. The email itself shall simply describe the nature of the materials and which party is filing them.
g. No paper copies of the motion material shall be filed unless the court directs otherwise.
h. Briefs of authorities are not to be served or filed. Counsel may either provide hyperlinks to relevant authorities on from their factums or from a table of cases filed with the factum. Relevant paragraphs from the cited jurisprudence may be pasted into the factum if necessary and appropriate.
i. All material for use on the motion shall be filed by e-mail no later than June 22nd, 2020 and the motion will be confirmed by e-mail in accordance with the rules.
j. The motion will proceed on the basis that the written materials including motion record, responding affidavit and factums will have been read by the court in advance. The conference call will be to answer any questions to which the court requires an answer and to hear oral submissions if necessary.
k. If the motion is proceeding on consent or will be unopposed providing agreed upon terms are included, I may be provided with a draft order and a consent or proof that the proposed order is unopposed at any time prior to the hearing date.
l. Turning to the certification motion, the week of April 12, 2021 is reserved for the hearing of the certification motion. At this point it is assumed the motion will require up to two days, but that estimate may be reviewed once the material has been exchanged. For that purpose, counsel may communicate with my assistant by email.
m. Counsel will attempt to agree on a timetable for the exchange of material for the certification motion. All material shall be prepared and served in electronic form unless otherwise ordered or agreed.
n. Counsel may anticipate a direction that the material for the certification motion be in an electronic form and be uploaded to a shared folder on a platform such as Dropbox or Sync.com.
o. Further direction will be provided as required.
p. There will be a further case conference on July 8th, 2020 at 9:00 a.m. by conference call. Counsel for the plaintiff will make arrangements for the call and advise my assistant.
q. The email address for my assistant is megan.duplessis@ontario.ca
r. This order is effective without further formality and my electronic signature below is of the same force and effect as a regularly signed order or endorsement.
Mr. Justice C. MacLeod Date: May 7, 2020
COURT FILE NO.: 20-83233CP DATE: 2020/05/07 ONTARIO SUPERIOR COURT OF JUSTICE RE: RABBAT et. al, Applicant AND: NADON et. al., Respondents BEFORE: Mr. Justice Calum MacLeod COUNSEL: Sean A. Brown and Candace Mak, for the plaintiffs Jaime Macdonald for the University Chris Blom for University of Ottawa Health services and # co. Tina Hill for Dr. Nadon CASE CONFERENCE ORDER AND DIRECTION Mr. Justice C. MacLeod
Released: May 8, 2020