Court File and Parties

COURT FILE NO.: CV-20-651266

DATE: 20210310

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: BENJAMIN BARNES

AND:

CORPORATION OF THE CITY OF BRANTFORD

BEFORE: Mr. Justice Chalmers

COUNSEL: M. Fisher, for the Plaintiff(s)/Applicant(s)

J. DeVries, for the Defendant(s)/ Respondent(s)

HEARD: Via teleconference

ENDORSEMENT

[1] The Defendant brings this motion pursuant to R. 21.01 and R. 25.11 for an order striking paragraphs in the Plaintiff’s Claim on the basis that the paragraphs disclose no cause of action. This matter was spoken to at Civil Practice Court on January 19, 2021. Sanfilippo J. convened this case conference to determine, among other things whether any of the issues are capable of resolution.

[2] At the case conference which took place on February 26, 2021, I directed counsel for the Defendant to send an email to Plaintiff’s counsel, which sets out the Defendant’s concerns with respect to the pleading. Plaintiff’s counsel agreed to consider whether he is prepared to amend the claim to address the Defendant’s concerns.

[3] On the case conference today, counsel advised that the efforts to resolve the motion were unsuccessful. Although the motion did not resolve, counsel advised that the motion will be limited to R. 25.11 and therefore may proceed before a Master. The parties will contact the Masters’ office and schedule a mutually convenient date for the hearing of the motion.

[4] If the parties require further direction or a timetable for the motion, they may request a further case conference before me.

Date: February 26, 2021