Court File and Parties
Court File No.: CV-19-00632763 Date: 2021-02-25 Superior Court of Justice - Ontario
Re: TABRIZ PERSIAN CUISINE INC. And: HIGHRISE PROPERTY INC.
Before: Mr. Justice Chalmers
Counsel: E. Mehrabi, for the Plaintiff H. Wang, for the Defendant
Heard: Via Teleconference
Endorsement
1At the chambers appointment on October 26, 2020, Schabas, J. scheduled a Summary Trial for March 1 and 2, 2021. The Plaintiff requested this case conference to address two issues:
(a) Counsel for the Defendant is now unable to continue with the trial due to illness;
(b) The endorsement of Schabas, J. did not state that the requirement for a pre-trial conference was waived.
2Counsel for the Defendant advised that she has referred the Defendant to new counsel, however the retainer is not yet confirmed.
3In light of counsel’s health issue, it is necessary to adjourn the Summary Trial. The dates of March 1 and 2, 2021 are vacated. I am of the view that the Summary Trial is to be rescheduled for the earliest possible date. The Plaintiff has been delayed in having this matter adjudicated through no fault of its own. I schedule the Summary Trial for the week of May 25, 2021 for a 2-day hearing.
4Counsel are directed to contact the trial co-ordinator to schedule a pre-trial conference. I make an order pursuant to R. 75.1.04 exempting this action from the requirement of a mandatory mediation.
5Counsel for the Defendant will provide a copy of this endorsement to the new counsel for the Defendant. The new counsel for the Defendant is to serve the Notice of Change of Solicitors as soon as the retainer has been confirmed.
6I am not seized.
Date: February 25, 2021