Court File and Parties

COURT FILE NO.: CV-08-00360838-CP00 DATE: 20200617 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: AVRAHAM WELLMAN, Plaintiff – and – TELUS COMMUNICATIONS COMPANY, TELE-MOBILE COMPANY AND TELUS COMMUNICATIONS INC., Defendants

BEFORE: E.M. Morgan J.

COUNSEL: Joel Rochon, Peter Jervis, Golnaz Nayerahmadi, and Eli Karp, for the Plaintiff Andrew Borrell and Zohaib Maladwala, for the Defendants

HEARD: June 17, 2020 (by teleconference)

Case Conference Endorsement #2

[1] Three scheduling matters were discussed at today’s case conference: a) the upcoming motion regarding costs ordered by the Supreme Court of Canada in April 2019; b) the upcoming motion to revise the certification order in accordance with the Supreme Court’s ruling; and c) the discovery plan and schedule for discoveries.

[2] The following schedule was worked out, and will apply whether or not the courts have re-opened for regular operations. If so, the hearings of the motions (and attendant cross-examinations) and the examinations for discovery will likely be in open court or a reporter’s office, and, if not, they will be over Zoom or similar virtual platform or by teleconference, as appropriate.

• June 26, 2020 – Plaintiff to serve his responding motion record for costs motion
• July 31, 2020 – Exchange of productions for discovery completed
• Sept. 9, 2020 – half day hearing of costs motion
• Dec. 11, 2020 – examinations for discovery completed

[3] Counsel for the Plaintiff has advised that the discovery plan is nearing completion and will be sent to Defendants’ counsel shortly.

[4] The hearing of the motion to revise the certification order has not been scheduled, as it is too early to say how long the parties need to be in a position to argue it. The Defendants have served their Motion Record, and I gather that the Plaintiff has served a Notice to Inspect Documents as a prelude to putting together its own record. The issues there are more factually complex than those in the costs motion, and so it may take a bit more time to prepare.

[5] There will be another case conference on July 24, 2020, at which time all counsel can update me as to the progress of the certification amendment motion and any other pertinent matters. That case conference will take place by teleconference, which counsel are to arrange with my assistant.

Morgan J. Date: June 17, 2020