Court File and Parties

Court File No.: CV-15-523976 Date: 20200705 Superior Court of Justice - Ontario

Re: Empire Steel Inc., Plaintiff And: Georgia-Pacific Canada LP, Defendant

Before: Darla A. Wilson J.

Counsel: K. Fisher, Counsel for the Plaintiff B. Hanna, Counsel for the Defendant

Heard: August 4, 2020

Endorsement

[1] This breach of contract trial is fixed to commence September 28, 2020 for 3 weeks. When the trial co-ordinator contacted counsel to arrange a pretrial conference, she was advised that the solicitor for the Plaintiff was bringing a motion to be removed as counsel of record and a consent adjournment of the trial date was being sought. I requested a case conference with counsel to deal with the potential adjournment of the fixed trial date.

[2] I was provided with the endorsement of Master McGraw dated July 10, 2020. In his endorsement, the Master noted that the Plaintiff advised Mr. Fisher in February 2020 that it intended to retain new counsel. Despite Mr. Fisher following up, he has received no further instructions from his client and there has not been any contact from new counsel concerning assuming carriage of the file.

[3] On July 22, Master McGraw heard counsel’s motion for removal as solicitor of record. No-one appeared at the motion on behalf of the Plaintiff and no materials were filed. Master McGraw was satisfied there was a breakdown in the solicitor/client relationship and that an order should issue removing Mr. Fisher as counsel of record for the Plaintiff. He ordered his endorsement be served on the Plaintiff.

[4] Today, Mr. Hanna advised that the Defendant did not oppose the adjournment of the trial date. In response to my inquiries, I learned that this matter was originally set to proceed to trial in December 2019 but that date was adjourned because the pretrial judge believed the amount of time set aside for the trial was insufficient. Thus, counsel appeared January 8, 2020 and the new trial date of September 28, 2020 was fixed on consent.

[5] In my view, fixed trial dates are significant and the policy in Toronto is that trial dates are adjourned only in extenuating circumstances. The fact that the Plaintiff indicated in February 2020 that it intended to retain new counsel and notwithstanding that, has failed to respond to its current counsel’s requests for instructions is unacceptable. The Plaintiff is well aware of the trial date of September 28 and knows that trial preparation must be undertaken. If new counsel is to conduct the trial, a notice of change of solicitors ought to have been delivered months ago.

[6] Given that the adjournment request is not opposed by the Defendant, and that there has been no contact from the Plaintiff with his current counsel since February 2020, the trial date of September 28 is vacated. A new trial date of April 12, 2021 for 3 weeks is fixed, which is peremptory to the Plaintiff. To be clear, this is the third trial date for this case and the trial will proceed on that date, regardless of whether or not the Plaintiff is represented by counsel.

[7] This order is to be served on the Plaintiff by Mr. Fisher, forthwith.

D.A. Wilson J. Date: August 05, 2020