ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
Canadian Appliance Source LP, Applicant
- and -
Ontario (Attorney General), Her Majesty the Queen in Right of Ontario, The City of Toronto and Region of Peel, Respondents
BEFORE: F.L. Myers J.
COUNSEL: Eli Smolarcik, Applicant
READ: December 2, 2020
ENDORSEMENT
1The applicant asks to schedule an urgent application for relief from orders closing its Toronto and Peel stores under the Reopening Ontario (A Flexible Response to Covid-19) Act, S.O. 2020, c. 17.
2The matter has been referred to me as delegate of the Regional Senior Justice in accordance with the process adopted in Toronto for hearing urgent civil matters at this time.
3Under Rule 50.13 (1) of the Rules of Civil Procedure, RRO 1990, Reg. 194, I convene a case conference by videoconference on Zoom on Thursday, December 3, 2020, at 10:00 a.m.
4Counsel for the applicant is directed to use best efforts to give notice to the respondents and any lawyer who acts for them, if known, of the timing of the case conference, this endorsement, and the call-in details to be provided by the Motions Coordinator.
5Additional materials for use at the case conference, if any, may be filed as searchable PDF attachments to an email sent to Civilurgentmatters-SCJ-Toronto@ontario.ca.
6Counsel and the parties are notified and reminded that, under Rule 50.13 (6), at the case conference, the court may make any interlocutory order for the efficient scheduling of this application, including any terms relating to the time prior to the hearing of the application, as may appear appropriate.
7The terms of the attached Schedule “A” apply to this application.
F.L. Myers J.
Date: December 2, 2020
SCHEDULE “A” TERMS
COURT FILE NO: CV-20-00652412-0000
1Service of materials in this contemplated proceeding may be made by email and shall be deemed effective on the date the email is sent or, if sent after 4:00 p.m., on the next day. No acknowledgement of receipt for email service is required for this motion.
2For urgent hearings, all evidence, motion records, and factums shall be filed with the court by delivering them as attachments to an email to the other parties and the Motions Coordinator in searchable PDF format to Civilurgentmatters-SCJ-Toronto@ontario.ca.
3No Books of Authority or statutory materials are to be sent to the other parties or the Motions Coordinator. References to case law or statutory material shall be made by hyperlinks contained in the parties’ factums or in a separate list of authorities.
4Any case conferences and all motion hearings will be held by telephone conference or videoconference by Zoom on a line arranged by the Motions Coordinator as a judge may direct.
5A copy of all the material delivered electronically for this proceeding, with proof of service, shall also be filed with the court using the Judicial Services Online portal.
6This endorsement is effective when signed. No formal order is required.
7All parties are given notice that:
a. The presiding judge may convene one or more case conferences and make all orders as she deems appropriate under Rule 50.13(6) to ensure the efficient hearing of the urgent application that is the subject of this endorsement; and
b. Notwithstanding Rule 59.05, orders and judgments made in this proceeding are effective from the date they are made, and are enforceable without any need for entry and filing. In accordance with Rules 77.07(6) and 1.04, no formal judgments or orders need be entered and filed unless an appeal or a motion for leave to appeal is brought to an appellate court. Any party may nonetheless submit a formal judgment or order for original signing, entry and filing when the Court returns to regular operations;
c. All of the provisions of this order may be varied by the presiding judge on such terms as she deems just; and
d. The hearing may be recorded for the court’s purposes.
Date: December 2, 2020