Court File and Parties

COURT FILE NO.: CV-11-436846 DATE: 20210219 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: MANN ENGINEERING LTD. and ARIS BUILDING TECHNOLOGY INC. AND: VIPUL DESAI, DCL ENGINEERING LIMITED, CERTIFIED BUILDING SYSTEMS, LES WOODS, 14282290 ONTARIO INC., JOHN LUCIC, CHANNA PERERA and HUI YING YU, also known as CAROL YU

BEFORE: Mr. Justice Chalmers

COUNSEL: T. Flett, for the Plaintiffs J. Frustaglio, for the Defendants, Yu and Perera

HEARD: Video Conference

Endorsement

[1] The pre-trial conference in this matter was first scheduled for September 25, 2020, with Justice O’Brien. At the pre-trial, the then counsel for the Defendants, Channa Perera and Carol Yu, advised Justice O’Brien that he had not received the file from previous counsel and was therefore not in a position to have any substantive discussions. Counsel advised that he will continue to make efforts to obtain the file. Justice O’Brien vacated the November 30, 2020 trial date and rescheduled the trial for April 19, 2021. She rescheduled the pre-trial for February 19, 2021. She directed the parties to ensure they are fully prepared before proceeding with the next pre-trial.

[2] The pre-trial took place before me today. Since the last pre-trial conference, the Defendants, Yu and Perera retained new counsel. They are now represented by Mr. Frustaglio. The Notice of Change of Solicitors was delivered on January 8, 2021. Mr. Frustaglio advised that he has not received the file from the former solicitor despite request. He delivered a brief pre-trial conference memorandum on February 18, 2021 at 3:45 p.m. Given the fact that he does not have the file, he was unable to fully participate in the pre-trial conference today.

[3] Mr. Frustaglio stated that he has been advised by the managing partner of the Defendant’s former firm, Baker McKenzie, that the file will be provided to him by February 24, 2021.

[4] I adjourn the pre-trial conference to Friday, February 26, 2021 at 9 a.m. If the file from the Baker McKenzie is not received by February 24, 2021, I direct the managing partner of Baker McKenzie to attend the pre-trial conference. Mr. Frustaglio is directed to provide a copy of this endorsement and the Zoom co-ordinates for the pre-trial, when available, to the managing partner.

[5] At the return of the pre-trial conference, the trial management report will be completed. The adjournment of the trial, any terms of the adjournment and the costs of the pre-trial conference of today will also be addressed.

[6] I remain seized of this matter for the purpose of the pre-trial conference.

Date: February 19, 2021