SUPERIOR COURT OF JUSTICE - ONTARIO
RE: M. WATTO
AND:
BOGHOSIAN + ALLEN LLP
BEFORE: Mr. Justice Chalmers
COUNSEL: M. Watto, self-represented,
S. Taylor, for the Defendant
HEARD: April 7, 2021, by teleconference
ENDORSEMENT
Background
1This solicitor’s negligence action is brought by Mr. Watto. The Defendant brought a separate Application against Mr. Watto to enforce a fee arrangement; CV-20-00634749. In addition, Mr. Watto brought an Assessment of the Defendant’s fee. At CPC on January 19, 2021, Justice Myers ordered a case conference to explore the most efficient affordable process to move these matters forward.
2On the case conference today, I was advised that the parties agree that the Application will be stayed pending the Assessment. It is expected that the Assessment will resolve all issues raised in the Application. The Assessment was scheduled to be heard in May 2020 but was adjourned as a result of COVID-19. Counsel for the Defendant has contacted the Assessment office to schedule a new date.
3The Defendant requests a timetable for the conduct of the solicitor’s negligence action. Mr. Watto expressed some concern with respect to scheduling a timetable. Although he has prepared a list of documents that are currently in his possession, he is seeking additional documents from the court. To date, he has been unsuccessful in obtaining documents from the court. Mr. Watto stated that he is seeking transcripts of prior court attendances. He was represented during the prior attendances and as a result, there may not be transcripts available. Mr. Watto stated that he continues to try to obtain the records from the court.
Timetable
4I establish the following timetable for the conduct of this action:
Affidavits of Documents to be exchanged by June 30, 2021. If Mr. Watto has not received the documents he has requested from the court by that date, he is to prepare an Affidavit of Documents based on the documents which are in his possession at that time. This does not preclude Mr. Watto from producing additional documents from the court if they are provided after June 30, 2021;
Examinations for Discovery to be completed by August 1, 2021;
Undertakings answered by September 30, 2021;
Motions with respect to undertakings and refusals by November 30, 2021;
Mandatory mediation to be completed by January 31, 2022;
Action to be set down for trial by February 28, 2022;
Plaintiff’s expert reports delivered by April 30, 2022; and
Defendant’s expert reports delivered by May 30, 2022.
5I remain seized with respect to any issues involving the timetable set out above.
DATE: April 7, 2021