Court File and Parties

COURT FILE NO.: CV-20-637464

DATE: 20201211

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: 5D St. Mary Pharmacy Inc. o/a Woburn Medical Pharmacy

AND:

2699064 Ontario Inc.

BEFORE: Mr. Justice Chalmers

COUNSEL: M. Ross, for the Plaintiff(s)/Applicant(s)

J. Wright, for the Defendant(s)/ Respondent(s)

HEARD: Telephone Conference

ENDORSEMENT

[1] On September 16, 2020, I established a timetable for the Application. The Respondent was to deliver the documents upon which it intends to rely in support of its claim for additional rent/TMI, by September 28, 2020. The Respondent failed to provide the documentation by that date. In addition, the Respondent has not responded to attempts to schedule the cross-examinations.

[2] The Respondent recently retained Mr. Wright to represent it in this Application. As a result of Mr. Wright’s recent retainer, it will be necessary to establish a new timetable.

[3] The Application is scheduled for March 1, 2021 for a half day. This date is subject to receiving confirmation from the Motion Co-ordinator.

[4] The following new timetable is established:

a. The Respondent’s Record to be served by December 31, 2020. The Respondent’s Record will include proof of payment by the Respondent of the additional rent amounts claimed, along with the file from the lawyer who acted on behalf of the Respondent when the Respondent purchased the building;

b. The Applicant’s reply record, if any, to be served by January 10, 2021;

c. Cross-examinations on affidavits to be completed by January 25, 2021;

d. Applicant’s Factum to be served by February 19, 2021;

e. Respondent’s Factum to be served by February 24, 2021.

[5] This is third timetable established for this Application. The date for the Application and the timetable is peremptory on the Respondent.

[6] Should any issues arise with respect to the material delivered by the parties for the Application or the timetable, I remain seized.

[7] Costs of the case conference today are reserved to the Judge hearing the Application.

[8] The parties 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 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. Counsel for the Moving party shall also 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.

Date: December 11, 2020