Court File and Parties

Court File No.: CV-18-00610365 Date: 20210225 Superior Court of Justice - Ontario

Re: Xue Ying Duan and Xian Hua Wang And: Lazina Shields

Before: Mr. Justice Chalmers

Counsel: R. Akelian, for the Plaintiff O. Elmanova, for the Defendant

Heard: Via teleconference

Endorsement

[1] This action arises out of a motor vehicle accident which occurred on December 15, 2017. As a result of the accident, two separate actions were commenced as against the Defendant. This action proceeded to a mediation which took place on July 14, 2020. The action settled subject to the Plaintiff in the companion action agreeing to limit her claim to the remaining policy limits. Despite request, counsel for the Plaintiff in the companion action, has not provided her position. As a result, the settlement of this action cannot be completed.

[2] Counsel for the Plaintiff requested this chambers appointment seeking directions on how to move the matter forward. I am not prepared to make any directions or any procedural orders that may affect the Plaintiff in the companion action when she is not present.

[3] I adjourn the case conference to March 24, 2021 at 9 a.m. I direct counsel for the Defendant to provide a copy of this endorsement to counsel for the Plaintiff in the companion action and to advise her that she is to attend the case conference on March 24, 2021. At the return of the case conference, I will identify the issues that are contested and explore methods to resolve the contested issues. I may exercise the powers set out in R. 50.13(6) and give directions or make procedural orders.

[4] I remain seized of the matter for the purpose of continuing the case conference.

Date: February 25, 2021