Court File and Parties

COURT FILE NO.: CV-15-125070-00OT and CV-16-554150-00A1

DATE: 20201207

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: White, Chepurnyj and Innes

AND:

6975429 Ontario Inc. c.o.b. Engreen Inc. and Anthony Guido

BEFORE: Mr. Justice Chalmers

COUNSEL: K. Shammas, for the Applicants

J. Zibarras, Defendants

HEARD: Telephone conference

ENDORSEMENT

[1] On September 13, 2019, I released my endorsement with respect to various motions brought by the parties. The Defendants appealed the decision. The Plaintiffs brought a cross-appeal. By endorsement dated October 6, 2020, the Court of Appeal dismissed the appeal. With respect to the cross-appeal, the court ordered that the issue of the declaration for indemnity from 2402169 Ontario Inc., be remitted to the motion judge for a determination.

[2] A telephone case conference took place today to schedule the motion for a determination of the issue involving 2402169 Ontario Inc. The parties agreed that the motion could be determined in writing without an oral hearing.

[3] I order the motion to proceed in writing the week of February 1, 2021. The parties will refile the material upon which they intend to rely on the motion. The following timetable applies to the delivery of the factums:

(a) Moving Party factum of White, Chrpurnyj and Innes to be served by December 28, 2020;

(b) Responding Parties’ factum to be served by January 20, 2021; and

(c) Reply factum, if any, to be served by January 28, 2021.

[4] Counsel shall file all required motion documents with the Court through the Justice Services Online Portal at https://www.ontario.ca/page/file-civil-claim-online. If they receive an e-mail inviting them to use Caselines, counsel shall also upload all of their documents to Caselines in accordance the Supplementary Notice to the Profession and Litigants in Civil and Family Matters – Including Electronic Filings and Document Sharing (Caselines Pilot) (August 5, 2020) found at https://www.ontariocourts.ca/scj/notices-and-orders-covid-19/supplementary-notice/. In addition to uploading their documents to Caselines (if applicable) and to the Justice Services Online Portal, counsel for the Plaintiffs shall provide a folder at www.sync.com and upload all parties’ documents as set out in the attached directions. Documents on Sync.com shall be given the same names as required for Caselines.

[5] Counsel shall e-mail Motions Confirmation Forms including the link to the folder at Sync.com to the Motions Co-ordinator at CivilUrgentMatters-SCJ-Toronto@ontario.ca at least one week prior to the date set for the motion. Attached are the instructions for delivery of the motion materials to Sync.com.

[6] I am seized of the motion.

Date: December 7, 2020