Court File and Parties

COURT FILE NO.: CV-19-00615395 DATE: 20201211 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Tribute (Springwater) Limited AND: Richard Brown

BEFORE: Mr. Justice Chalmers

COUNSEL: S. Berhane, for the Plaintiff(s)/Applicant(s) A. MacDonald, for the Defendant(s)/ Respondent(s)

HEARD: Telephone conference

Endorsement

[1] This action arises out of a real estate transaction. The parties entered into an Agreement of Purchase and Sale on February 26, 2017. The transaction did not close. The Plaintiff brings this action seeking damages for breach of contract.

[2] The Plaintiff brought a motion seeking Summary Judgment. The parties attended Civil Practice Court on October 28, 2019. The motion was scheduled for April 30, 2020 for an in-person hearing. A timetable was set at that time. The motion did not proceed as scheduled as a result of the closure of the courts in response to the Covid-19 pandemic. The parties attend on this case conference today to set a new date for the motion and to establish a new timetable.

[3] The parties agree that the motion is to be scheduled for a full day hearing. I schedule the motion for April 27, 2021 for a full day. The following timetable is established on consent:

(a) The Plaintiff will serve its affidavit of documents listing all relevant documents in the possession of its related companies;

(b) The parties shall exchange affidavits of documents by December 4, 2020 along with PDF copies of all Schedule A documents;

(c) The Defendant shall serve his expert report by February 1, 2021;

(d) The mediation shall be completed by February 15, 2021;

(e) The cross-examinations on affidavits shall be completed by March 15, 2021;

(f) The moving party’s factum shall be served by three weeks before the motion date;

(g) The responding party’s factum shall be served by two weeks before the motion date; and

(h) The moving party’s reply factum shall be served by two weeks before the motion date.

[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.

[5] If the parties 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/.

[6] In addition to uploading their documents to Caselines (if applicable) and to the Justice Services Online Portal, counsel for the moving party 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.

[7] 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.

Date: December 11, 2020