Court File and Parties

COURT FILE NOS.: CV-19-00613492; CV-20-00638690; CV-20-00645912 DATE: 20210409 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: STOPFALLS CANADA AND: V.T.P. LEE MEDICINE PROFESSIONAL CORP. et al.

RE: DARGAHI and ORIOLE PHYSIOTHERAPY AND: V.T.P. LEE MEDICINE PROFESSIONAL CORP. et al.

RE: DR. SHERVIN ABBASZADEH DENTISTRY PROFESSIONAL CORPORATION et al. AND: V.T.P. LEE MEDICINE PROFESSIONAL CORP. et al.

BEFORE: Mr. Justice Chalmers

COUNSEL: W. Rapoport, for the Plaintiff, Stopfalls C. Batrouny, for the Plaintiffs, Dargahi and Oriole P. Ezzatian, for the Plaintiff, Dr. Shervin Abbaszadeh Dentistry N. D’Ippolito, for the Defendant, V.T.P. Lee Medical Corp. J. Elamathail, for the Defendant, Crossbridge Condo A. Ottaway, for the Defendant, Enercare C. Leddy, for the Defendant, Reliance Home Comfort

HEARD: April 9, 2021, by teleconference

ENDORSEMENT

[1] Three actions have been brought arising out of the same water loss which occurred on March 25, 2018. Counsel for the Defendant, V.T.P. Lee Medical Corp. states that because of the number of parties, the scheduling of the Examinations for Discovery has been very complex. She seeks a timetable for the conduct of the three actions. None of the parties oppose the establishment of a timetable.

[2] There is an issue as to whether Enercare or Reliance Home Comfort are proper parties. I direct counsel for V.T.P. Lee Medical Corporation to advise the parties by April 23, 2021 of the information in its possession as to whether it was the owner of the water heater or, if rented, the name of the rental company. Counsel is also directed to advise the parties of the name of the company that maintained the water heater.

[3] The case conference is adjourned to Monday, May 3, 2021 at 9:00 a.m. At that time, the status of the action against Enercare and Reliance Home Comfort will be determined. At that time, the timetable for the conduct of the action will be established. Counsel for V.T. P. Lee Medical Corporation who has carriage of the file is directed to attend the case conference.

[4] There is not yet an order for trial together of the three actions. If all parties consent, I am prepared to sign the order for trial together. Counsel for V.T.P. Lee Medical Corporation is directed to canvass the position of the parties and to forward the draft order and consent to the attention of my assistant, annamaria.tiberio@ontario.ca.

[5] I remain seized of this matter.

DATE: April 9, 2021