Court File and Parties
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
1The 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.
2At 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.
3On 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.
4If the parties require further direction or a timetable for the motion, they may request a further case conference before me.
Date: February 26, 2021