Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Talon International Inc. v. Ramji et al. – CV-16-549858 Talon v. Basaria – CV-16-549991 Fiaz Basaria and Nadeem Basaria v. Talon – CV-12-456943 Nadeem Basaria v. Talon – CV-12-456496 Noreen Ramji v. Talon – CV-12-456495 Zahra Ramji v. Talon – CV-12-456941 Talon v. Ahmed – CV-14-501171 Talon v. Oladeji – CV-14-517920 Oladeji v. Talon – CV-15-521817
BEFORE: E.M. Morgan J.
COUNSEL: Carol Dirks and Rachel Fielding, for Ramji et al. Nancy Tourgis and Symon Zucker, for Talon
HEARD: October 30, 2020
Endorsement
[1]
Endorsement
These four related Applications and two summary judgment motions were scheduled to be heard by me over two days, being yesterday and today. The matters have been long outstanding and difficult to schedule.
2The Talon responding record was filed rather late in the day. It contained at least one expert report which took counsel for Ramji and other parties by surprise. Their counsel feels that this report must be responded to and seeks an adjournment. She submits that she is reluctant to ask for any further delay as her client is anxious to have the motion argued and decided, but she has been left with no real choice.
3Counsel for Talon take some issue with this. While they do not oppose the adjournment request, they point out that the expert report in question has been in opposing counsel’s hands for some time. It is their view that, although perhaps opposing counsel did not think that it would form part of the present record, but the contents of this report do not take anyone in this litigation by surprise. Talon’s counsel contends that the expert evidence could have been responded to earlier had counsel thought to do so.
4Whoever is at “fault”, if that is even the right word in these circumstances, it is clear that the parties are not in a position to proceed with the applications and motions. I will therefore grant the adjournment. Hopefully, at the new return date, the record will be complete to all parties’ satisfaction.
[5]
Extension of Trial Deadline
Three of the files at issue - Talon v. Ahmed [CV-14-501171], Talon v. Oladeji [CV-14-517920], and Oladeji v. Talon [CV-15-521817] (the “Ahmed/Oladeji cases”) – are coming up against a rapidly approaching December 31, 2020 deadline for setting down for trial. Both sides agree that this deadline needs to be extended at least until after the return of the current applications and motions.
6The deadline for setting the Ahmed/Oladeji cases down for trial is hereby extended to June 30, 2021.
[7]
Costs
Counsel for Ramji seeks costs thrown away preparing for this two-day appearance. Counsel for Talon responds by saying that the delays have been on both sides and that the fact that their opponent did not file their own expert report earlier does not amount to a reason to impose costs on them.
8As I said, I am not certain who is really responsible for the current adjournment and all of the delay that has come before it. There seems to be some responsibility on all sides. Under the circumstances, I will reserve the costs of this appearance to the hearing of the applications and motions on their merits.
[9]
Disposition
These matters are adjourned, to be heard together for two days on April 6 and 7, 2021. I remain seized.
Date: October 30, 2020
Morgan J.