Court File and Parties
ONTARIO SUPERIOR COURT OF JUSTICE
THE HONOURABLE ) TUESDAY, THE 23rd DAY JUSTICE ) OF DECEMBER, 2020
B E T W E E N:
SELWYN PIETERS Plaintiff/Moving Party
-and-
GUYANA NATIONAL NEWSPAPERS LIMITED (GNNL), PUBLISHERS OF THE GUYANA CHRONICLE NEWSPAPERS AND MARK ANTHONY DEVONISH Defendants
APPLICATION UNDER Rule 16.04, 17.05, 37 of the Rules of Civil Procedure
Order
THIS MOTION made by the Plaintiff, in writing, for an Order validating and substituting service on the Defendants, Guyana National Newspapers Limited (GNNL) and Dr. Mark Devonish, to this action, was read this day at Toronto.
ON READING the plaintiffs’ Notice of Motion and Affidavit of Selwyn Pieters, the plaintiff, dated November 16, 2020.
WHEREAS the world including Ontario, Canada; the United Kingdom and Guyana are in the midst of an unprecedented COVID 19 Pandemic.
AND WHEREAS measures such as physical distancing, hand washing, environmental cleaning and disinfection, and wearing fabric masks which cover the nose and mouth where physical distancing is not possible allow for fewer opportunities for the virus to infect new hosts, and lead to a lower effective reproductive number. Contact tracing involves identifying those people with whom an infected individual has had recent close contact who may be at risk of transmission, and quarantining those people in a separated living space for a period of 14 days, thus breaking the chain of transmission.
AND WHEREAS it would be impractical to require personal service on the defendants individually.
ON BEING advised that this order is to be made ex parte, in writing,
1THIS COURT ORDERS that service of the motion upon the parties is hereby dispensed with and the motion may proceed ex parte.
2THIS COURT ORDERS validated/substituted service order with respect to the Defendants Mark Devonish (email: markdevonish@yahoo.co.uk and Mark.Devonish@nuh.nhs.uk) and GNNL by email (gm@guyanachronicle.com, m_ramotar@yahoo.com and yogmahadeo@gmail.com) effective June 19, 2020 and October 20, 2020, and dispensing further service thereof.
3THIS COURT ORDERS that any future service of any pleadings or other documents in respect to this action, by any party in this action, shall be served by emailing Defendant Mark Devonish markdevonish@yahoo.co.uk and Mark.Devonish@nuh.nhs.uk and GNNL by email (gm@guyanachronicle.com, m_ramotar@yahoo.com and yogmahadeo@gmail.com).
4THIS COURT ORDERS that this order shall be served on the Defendants by emailing Mark Devonish (email: markdevonish@yahoo.co.uk and Mark.Devonish@nuh.nhs.uk) and GNNL by email (gm@guyanachronicle.com, m_ramotar@yahoo.com and yogmahadeo@gmail.com).
5THIS COURT ORDERS that subject to Rule 17.05, this Order shall constitute an order for substituted service pursuant to Rule 16.04 of the Rules of Civil Procedure. Subject to Rule 3.01(d) of the Rules of Civil Procedure service of documents in accordance with this Order will be effective on transmission.
6THIS COURT ORDERS that a Case Website on SYNC shall be established and accessible to the parties at url https://cp.sync.com/files/2461968423.
7THIS COURT ORDERS that this Order is effective from today’s date and is enforceable without the need for entry and filing.
8THIS COURT ORDERS that the signed electronic copy of this Order is effective and shall be treated as though it were a signed original Order.
9THIS COURT ORDERS that there shall be no costs ordered on this motion.
Paul B. Schabas J.
Pieters Plaintiff/Moving Party and GNNL et al Defendants Court File No. CV-20-00642756-0000 ONTARIO SUPERIOR COURT OF JUSTICE Proceeding commenced at TORONTO
ORDER PIETERS LAW OFFICE 181 University Ave., Ste. 2200 Toronto, ON M5H 3M7 Selwyn Pieters (LSO #50303Q) Tel: 416 601 6806 Email: Selwyn@SelwynPieters.com