Court File and Parties

COURT FILE NO.: 99-CV-166817

DATE: 20200522

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: M.V. Mark Inc., Plaintiff

AND:

Hydro One, Defendant

BEFORE: Darla A. Wilson J.

COUNSEL: A. Dhillon, Counsel for the Plaintiff Monica Caceres, Counsel for the Defendant

HEARD: In writing

ENDORSEMENT

[1] After hearing a case conference in this matter, I released an endorsement dated May 21, 2020. At the time of the conference, I did not have the court file and relied on counsel to provide the history of what had transpired in this action.

[2] After the release of my endorsement, both counsel wrote to my assistant to correct certain dates that I had been told during the case conference. Mr. Dhillon advised as follows:

[3] The Plaintiff delivered the trial record in March 2018, not May 2018. The pretrial and trial dates were fixed on January 9, 2019, not in late 2018 (paragraph 3).

[4] The Plaintiff served two expert liability reports on October 4, 2017, on March 9, 2018 and its expert damages report on May 3, 2018 (paragraph 4).

[5] Ms. Caceres advised she wished the following included in my endorsement:

[6] There were undertakings from the continued examination for discovery of the Plaintiff and further documentation was provided to the solicitor for the Defendant in May 2018. This included documentation that had been provided to the Plaintiff’s experts for their consideration. A sworn supplementary affidavit of documents was served in November 2019.

[7] I am grateful to counsel for providing the correct dates.

[8] That said, the documentation relied on by the Plaintiff’s experts and referred to in their reports authored in 2017 and 2018 should have been produced upon request by the solicitor for the Defendant failing which a motion in a timely fashion could have been initiated if it prevented the Defendant from securing expert reports.

D.A. Wilson J.

Date: May 22, 2020