Court File and Parties

COURT FILE NO.: CV-16-560177-0000

DATE: 20201204

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

[1] The 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.

[2] The 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.

[3] I 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.

[4] The 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.

[5] I 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