Court File and Parties
Court File No.: CV-19-00615591 Date: 20210225 Superior Court of Justice - Ontario
Re: VENTURISTIC INVESTMENTS INC. And: MASON
Before: Mr. Justice Chalmers
Counsel: A. Winicki, for the Plaintiff No one appearing, for the Defendant
Heard: Via telephone conference
Endorsement
[1]
Background
The Plaintiff wishes to bring a motion for summary judgment. This matter came before Dunphy, J. in Civil Practice Court (CPC) on January 27, 2021. The Defendant did not attend CPC. At CPC, Dunphy, J. convened a case conference to determine the issues in dispute and to schedule a summary judgment motion. The case conference took place today. Although the Defendant was provided with the date of the case conference, she failed to attend.
2The Plaintiff alleges that the Defendant stole approximately $38,000. It is alleged that the Defendant was working as a contractor for the Plaintiff and was paid for her services by cheque. The Plaintiff states that the Defendant altered the cheques and deposited the cheques multiple times to receive unauthorized payments. The Defendant denies any wrongdoing.
[3]
Scheduling and Timetable
The Plaintiff argues that this matter is appropriate for a summary judgment motion. I agree. As noted by Dunphy, J. in his endorsement dated January 27, 2021, the evidence on the motion should be a relatively simple matter of forensic accounting. I schedule the Summary Judgment motion for April 6, 2021 for 2 hours. The following timetable is established:
a. Motion record served by March 15, 2021; b. Responding motion record served by March 22, 2021; c. Cross examinations on affidavits completed by March 29, 2021; d. Moving Party’s factum served by March 31, 2021; e. Responding Party’s factum served by April 2, 2021; and f. Hearing on April 6, 2021.
4I direct counsel for the Plaintiff to forward a copy of this endorsement to the Defendant at her e-mail address: zeffyfish@hotmail.com. I also order that service of the motion materials on the Defendant at this e-mail address is effective service.
5I remain seized of this matter with respect to any issues that may arise with the timetable.
Date: February 25, 2021