Court File and Parties
Court File No.: CV-20-642116 Date: 2020-06-09 Superior Court of Justice - Ontario
Re: 8573123 Canada Inc. o/a Elias Restaurant, Applicant – AND – Sheppard-Keele Plaza Ltd and Castlehill Properties Inc., Respondents
Before: E.M. Morgan J.
Counsel: Miguna Miguna, for the Applicant Bruce Bussin, for the Respondents
Heard: June 9, 2020
Endorsement
[1] This is a commercial landlord-tenant dispute in which the Applicant seeks to restrain the Respondents from terminating its tenancy. The Applicant has filed a Notice of Application and has brought this matter forward on an urgent basis. The Respondents were only served yesterday and require some time to serve responding materials.
[2] Mr. Bussin has advised that one of the Respondents has been named incorrectly in the Notice of Application. He indicated that he will provide Mr. Miguna with the proper name of that party and will not oppose a name change. I have told Mr. Miguna that he can assess whether the change of name is required, and, if so, can bring that forward as a preliminary motion at the next appearance before me.
[3] By agreement of both counsel, the following schedule will apply:
- Applicant will serve its Application Record by Friday, June 12, 2020;
- Respondents will serve their Responding Record by Friday, July 3, 2020;
- Applicant will serve any Reply Record by Friday, July 10, 2020;
- Further case conference on Monday, July 13, 2020.
[4] Counsel have not seen each other’s affidavit material, and so they do not at this point know whether there will be cross-examinations and, if so, how many. The further scheduling to a full hearing on the merits will be discussed when we re-convene at a case conference on July 13th.
[5] On an interim interim basis, pending the return of the case conference on July 13, 2020, the tenancy shall remain at a standstill. The Applicant may remain in the premises and carry on whatever business is permitted during the Coronavirus societal shutdown, and the Respondents will take no further steps to evict the Applicant from the premises.
[6] This matter is adjourned to July 13, 2020. The case conference on that date may be held in court if the courts have resumed ordinary operations by then; if ordinary court operations are still suspended, the case conference will proceed by conference call to be arranged by counsel through my assistant. I remain seized.
Morgan J. Date: June 9, 2020