Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Mica Nooks, Plaintiff
AND:
Toronto Transit Commission, Defendant
BEFORE: Chalmers, J.
COUNSEL: E. Guiste, for the Plaintiff
C. Townsend, for the Defendant
HEARD: December 4, 2020
By Telephone conference
ENDORSEMENT
Background
1The evidence in the trial of this matter concluded on November 13, 2020. At that time, I ordered the parties to provide written submissions. The Plaintiff’s submissions were due in 20 days; December 3, 2020.
2The Plaintiff brought a motion to extend the time for written submissions. The Plaintiff’s solicitor states that he requires the transcripts of the trial. The transcripts will not be available until mid December 2020.
Discussion
3I grant the Plaintiff’s request. The trial in this matter was started in October 2019. During the trial, the Plaintiff’s solicitor brought a motion to get off the record. The motion was granted. The trial was adjourned to allow the Plaintiff time to retain and instruct new counsel. The trial resumed in November 2020.
4The circumstances of this case are unusual. The evidence was spread out over one year. The Plaintiff’s current counsel was not counsel at the first part of the trial. I am satisfied that it would be unfair to require him to prepare written submissions without the benefit of the transcripts.
Timetable
5I establish the following timetable for the delivery of the written submissions:
Plaintiff’s submissions to be served by January 15, 2021
Defendant’s submissions to be served by February1, 2021
Plaintiff’s reply submissions, if any to be served by February 8, 2021
Date: December 4, 2020