Court File and Parties

COURT FILE NO.: CV-20-812-0000

DATE: 2020/09/04

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: CAROL ANNE HOEKSTRA and AMANDA CHRISTINE HERSEY, Plaintiffs

AND:

MARK JAMES SEARS and CITY WIDE TOWING INC., Defendants

BEFORE: Justice I.F. Leach

COUNSEL: Rose Leto, for the Plaintiffs

Elizabeth Belanszky, for the Defendants

HEARD: In writing

Endorsement

[1] On August 17, 2020, I rendered an endorsement dealing with a basket motion, brought the plaintiffs herein, in writing, seeking an order compelling disclosure from non-parties pursuant to Rule 30.10 of the Rules of Civil Procedure.

[2] In that endorsement, (which should be read together with this one), I noted a number of deficiencies in the provided motion material, including:

a. the absence of any evidence that the London Police Service was consenting to or not opposing relief being requested, including the granting of relief set forth in the draft order that was different than that requested in the notice of motion;

b. the absence of any evidence that the Crown was content with effective abandonment of the relief sought against it in the plaintiff’s notice of motion, and

c. the absence of any evidence indicating that the defendants were either consenting or not opposing the granting of the requested relief, and any terms or conditions that may have been expressed by the defendants when conveying their position in that regard.

[3] In the circumstances, I declined to grant the order being requested, without prejudice to the plaintiffs filing supplementary evidence addressing such issues, thereby making it clear that the motion was one suitable to be “heard” in writing, pursuant to Rule 37.12.1 of the Rules of Civil Procedure.

[4] The matter is now back before me, with plaintiff counsel having filed supplementary evidence addressing all such concerns to my satisfaction.

Justice I.F. Leach

Justice I.F. Leach

Date: September 4, 2020