Court File and Parties
COURT FILE NO.: CV-17-577032 DATE: 20200625 SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Sonya Sekulic, Plaintiff AND: Sunwing Airlines, Defendant
BEFORE: Darla A. Wilson J.
COUNSEL: John Campbell, Counsel for the Plaintiff Sekulic Stathi Balopoulos, Counsel for the Plaintiff Mora Jordan Goldblatt, Counsel for the Defendant
HEARD: June 25, 2020
Endorsement
[1] This is the second case conference I have convened in this matter, which involves two claims of wrongful dismissal; my endorsement of May 26, 2020 arose from the initial conference.
[2] Today, I was advised that Sunwing complied with my order and answered the outstanding undertakings, except for one.
[3] Different representatives of Sunwing were produced for examination for discovery in each action. In the Morra claim, Mr. Gordon Kenny (“Kenny”) was produced while in the Sekulic action, Mr. William was the representative of Sunwing who answered the questions.
[4] At the discovery of the Sunwing representative in the Sekulic action, counsel for the Plaintiff requested the contact information for Patrick Heinke (“Heinke”) and Kenny, both of whom used to work for Sunwing but were no longer employees at the time of the examinations for discovery. An undertaking was given to obtain the requested information.
[5] The contact information has not been provided. Mr. Goldblatt advises that these individuals do not want their contact information provided to opposing counsel and Mr. Goldblatt submitted that Rule 7 of the Rules of Professional Conduct precludes Mr. Campbell from contacting Kenny and/or Heinke because they were formerly employees of Sunwing and Kenny was produced as the company representative in the companion action brought by Morra.
[6] I do not agree. Mr. Goldblatt advised that Heinke and Kenny were directly involved in events surrounding the dismissal of the Plaintiffs from their employment. They have relevant information and will likely be called as witnesses at the trial. The request for their contact information was a proper question made at the examination for discovery and an unqualified undertaking was made to provide this information. The undertaking was not qualified or withdrawn during the course of the discovery. It must be complied with.
[7] If Sunwing decides to call Kenny and Heinke as witnesses, the Rules require this be disclosed to opposing counsel and to the judge conducting the pretrial conference. It is not disputed they have firsthand knowledge about the events in question. If Sunwing determines not to call them as witnesses, it is open to the Plaintiffs to do so but they would need their contact information in order to serve Kenny and Heinke with subpoenas.
[8] Mr. Goldblatt shall forthwith comply with his undertaking from the examination for discovery to provide the contact information for Heinke and Kenny.
[9] Counsel have agreed to the following terms:
- Sunwing will provide the home addresses and telephone numbers of Patrick Heinke and Gord Kenny;
- By August 4, 2020 Sunwing will provide the other parties with translations of any non-English documents that it intends to rely on at trial; and
- Sunwing will pay Ms. Sekulic the costs of the undertakings motion, fixed at $2,250 all inclusive, on or before July 20, 2020.
D.A. Wilson J. Date: June 25, 2020