COURT FILE NO.: CV-628334-00 (Toronto)
DATE: 20201214
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Earth Boring Company Limited
Plaintiff
AND:
Groupe CRH Canada Inc./CRH Canada Group Inc. Formerly Dufferin Construction Company, a division of Holcim (Canada) Inc.
Defendant
BEFORE: RICCHETTI RSJ.
COUNSEL: A. Jovanovic, Counsel, for the Plaintiff
J. LeBer, E. Grigg, Counsel, for the Defendant
HEARD: December 10, 2020
ENDORSEMENT
The Motion
[1] There were 6 issues identified to be dealt with at this time:
Completion of pleadings
How to deal with duplicitous claims
The Subcontractors First Clause
Document Production
Application - payment of Holdback
Severing Third Party from the former Toronto action
[2] This court orders:
All pleadings to be completed by January 15, 2021.
Any motions including striking pleadings, paragraphs in pleadings, duplicitous claims and sever of the Third-Party action to be heard on February 22, 2021 at 10:00 a.m. BY ME by Zoom (FULL DAY SCHEDULED).
Cross-examination on any affidavits to be completed during the week of February 1, 2021 (unless the parties agree otherwise). Parties will work out a timetable for exchange of motion materials.
A further conference call will take place on March 1, 2021 at 9 a.m. by Zoom by me. At that time, I expect that parties will be ready to discuss the remaining issues to be dealt with (items 3, 4 and 5 above) and how it is best for these matters to move towards resolution or trial.
I expect on March 1, 2021 to be given a full and accurate update on the status of making productions by all counsel. If a party expects there will be problems with completion of productions within 2 months of March 1, 2021, I require an affidavit from the clients setting out the details of the efforts made to date to assemble and catalogue the relevant documents, the difficulties in complying with such a schedule for completion of an Affidavit of Documents and a date by which the party commits to having a complete Affidavit of Documents.
If any issues arise in maintaining this schedule for the motions or otherwise, any counsel can write to me (copied to all other counsel) advising that an issue(s) has arisen and requesting a conference call. No submissions shall be included in the correspondence to me unless agreed to be all counsel to describe the issue.
RICCHETTI RSJ.
Date: December 14, 2020