Court File and Parties

COURT FILE NO.: CV-18-00610365

DATE: 20210224

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 Plaintiffs O. Elmanova, for the Defendant

HEARD: Via teleconference

Endorsement

[1] By endorsement dated February 25, 2021, I adjourned the case conference to today, March 24, 2021. I directed counsel for the Defendant to provide a copy of the endorsement to counsel for the Plaintiff in the companion action; CV-19-00632797-0000 and to advise her that she is required to attend the case conference.

[2] At the case conference today, counsel for the Plaintiff in the companion action failed to attend. Counsel for the Defendant advised that she had delivered my endorsement and provided the conference call numbers. Counsel for the Plaintiff in the companion action took the position that she is not required to attend.

[3] 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 (CV-18-00610365-0000) 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.

[4] Counsel for the Defendant advised that to date there have been limited productions received from the Plaintiff in the companion action. She advised that the Plaintiff in the companion action, passed away last year but she has not been advised whether her death was caused by the motor vehicle accident.

[5] I adjourn the case conference to March 31, 2021 at 9 a.m. Counsel for the Plaintiff in the companion action is required to attend. At the case conference she will be required to address the following matters:

i. the status of her action;

ii. if there is an order to continue;

iii. the documentation that has been produced to date and the steps being taken to obtain relevant documents;

iv. to advise if her client died as a result of injuries sustained in the motor vehicle accident; and

v. whether her client is prepared to limit her damages to the remaining policy limits.

[6] I direct counsel for the Defendant to provide a copy of this endorsement to counsel for the Plaintiff in the companion action. Counsel for the Defendant will also provide the conference call numbers as soon as the numbers are provided by the court.

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

Date: March 24, 2021