Court File and Parties

Court File No.: CV-18-594320 Date: 2021-02-19 Superior Court of Justice - Ontario

Re: The Estate of Mira Buntic, by its Estate Trustees Sylvia Osth And: Barbara Anne Pilarski and Majda Nikolic

Before: Mr. Justice Chalmers

Counsel: N. Marotta, for the Defendants S. Hodge, for LawPro

Heard: Via telephone conference

Endorsement

[1] At the case conference today, Ms. Hodge confirmed that she has instructions to assume carriage of the summary judgment motion brought by the Defendants to dismiss the action on the basis that the action was commenced beyond the two-year limitation period prescribed by the Limitations Act.

[2] Ms. Hodge advised that she intends to file supplementary responding motion material, which is expected to include medical evidence with respect to the Plaintiff’s mental capacity. She stated that she requires 60 days to file the material. Counsel for the Defendants, Ms. Marotta stated that there may be an objection to the supplementary responding material. She states that the terms of the adjournment were narrow and may not permit this evidence.

[3] I direct Ms. Hodge to deliver her supplementary responding materials by April 16, 2021. Ms. Marotta will advise Ms. Hodge of her position with respect to whether there is an objection to the supplementary responding motion material by April 30, 2021.

[4] I schedule the next case conference for Tuesday, May 4, 2021 at 9:00 a.m. If the Defendants object to the supplementary responding motion material, a timetable for a motion with respect to admissibility will be established at that time. The timetable for the remaining steps of the summary judgment motion brought by the Defendants will also be established.

[5] I remain seized of this matter for the purpose of the case conference and the scheduling of the motions.

Date: February 19, 2021