Court File and Parties
COURT FILE NO.: CV-20-642116
DATE: 2020-07-13
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: 8573123 Canada Inc. o/a Elias Restaurant, Applicant
– AND –
Keele Sheppard Plaza Inc. and Castlehill Properties Inc., Respondents
BEFORE: E.M. Morgan J.
COUNSEL: Miguna Miguna, for the Applicant Bruce Bussin, for the Respondents
HEARD: July 13, 2020
CASE CONFERENCE – JULY 13, 2020
[1] On consent of both sides, the name of the first Respondent has now been changed to correct a clerical error in the name as originally issued on the Notice of Application. The name "Keele Sheppard Plaza Inc." is the corrected name. Counsel for the Applicant is to provide me with a clean copy of an Order reflecting this change on consent. In the meantime, I have corrected the name on this endorsement.
[2] The parties have now exchanged Application, Responding, and Reply materials. Counsel for the Respondents is still contemplating whether he will be filing supplementary affidavit material as a Surreply to the Applicant's Reply materials. The parties have both reserved their rights to cross-examine on the affidavits, although at present neither counsel is inclined to do so.
[3] With this state of readiness in mind, I have set the following schedule:
- July 27 – last date for filing any further affidavit by Respondents
- August 21 – last date for any cross-examinations
- August 26 – Applicant's factum to be served on Respondents' counsel
- September 2 – Respondents' factum to be served on Applicant's counsel
- September 4 – hearing of the Application, ½ day in court or by videoconference TBD
[4] Pending the return of the hearing on September 4th, the interim order contained in para 5 of my endorsement of June 9, 2020 shall remain in place. The Applicant may continue to occupy and operate its business from the premises at issue, and it must pay whatever rent is due to the Respondents during this period of occupation.
[5] This matter is adjourned to September 4, 2020 for a ½ day hearing on the merits before me. The hearing will be either by videoconference or in person in court, to be determined as the date approaches.
Morgan J.
Date: July 13, 2020