Court File and Parties

COURT FILE NO.: CV-19-00614989

DATE: 20210423

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: JEAN-MARIE DIXON, Plaintiff

AND:

HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO, and ASSOCIATION OF LAW OFFICERS OF THE CROWN, Defendants

BEFORE: Paul B. Schabas J.

COUNSEL: Jean-Marie Dixon on her own behalf

T. Curry and D. Contractor, for Her Majesty the Queen in Right of Ontario

C. Donovan and G. Philipupillai, for Association of Law Officers of the Crown

HEARD: In writing

ENDORSEMENT

[1] Following my endorsement of March 31, 2021 (found at Dixon v. Ontario, 2021 ONSC 2418), in which I had scheduled a Zoom case conference in this matter for April 28, 2021, my assistant received an email from Ms. Dixon on April 14, 2021 stating:

Attached is a copy of a Medical Note from my physician, Dr. Jessamy, dated April 9, 2021, regarding my attendance at court.

[2] The note from Dr. Jessamy, “Re: Jean-Marie Dixon” and addressed “to Whom It May Concern,” stated, in full:

The above patient was reassessed today. Due to symptoms of her ongoing disability she is unable to attend any court proceedings at this time.

[3] Upon receiving that letter my assistant sent an email to the parties on my behalf as follows:

Justice Schabas has received from Ms. Dixon the letter from Dr. Jessamy dated April 9, 2021. He requests written submissions regarding it from all parties to be submitted by 5pm April 21, 2021.

[4] On April 21 I received an email from counsel for ALOC stating:

ALOC’s position is that the medical note submitted by Ms. Dixon only increases its concerns about this litigation lingering indefinitely. It does not address any accommodations that Ms. Dixon seeks to enable her to fulfil the commitments she has made in the past, nor does it provide any indication as to prognosis, or whether Ms. Dixon will in fact ever be able to proceed with her case. Again, while ALOC recognizes that Ms. Dixon may be entitled to certain accommodations that allow these proceedings to progress in a timely fashion, it is not prepared to agree to the indefinite abeyance she is seeking. If the court is to grant Ms. Dixon a further adjournment, ALOC requests that a date be set as peremptory to her.

[5] I also received a letter from counsel for Ontario dated April 20, 2021 stating its position as follows:

Notwithstanding the significant delays in this matter, Ontario agrees to dispense with the case conference on the condition that a motion date be scheduled by email within 90 days. Ms. Dixon has previously made submissions to the Court by email, as recently as March 15, 2021.

In the alternative, Ontario agrees to adjourn the case conference to no more than 90 days. The case conference should not be adjourned sine die.

Should Ms. Dixon seek a further adjournment of the case conference or motion date, it is respectfully submitted that more detailed evidence be required in future to support such a request.

[6] In support of its position Ontario also observed:

In Wong v. Second Cup Ltd, [2005] O.J. No. 2897 the Court refused to adjourn scheduled motions based on a doctor’s note which provided that the plaintiff had “serious medical problems” that his condition was “aggravated by stress”, and that he could not “deal with any further stressful situations especially any court situations…”. The Court refused to adjourn the motions indefinitely on the basis of the medical note, noting that the plaintiff had not submitted any affidavit or other supporting evidence to demonstrate that the plaintiff was unable to participate in a case conference or a motion.

[7] As I noted in my March 31 endorsement, Ms. Dixon has asserted a disability, although I observed she is pressing to have ALOC move ahead with her outstanding grievances. As ALOC points out, “Ms. Dixon may be entitled to certain accommodations,” but the case cannot be put off indefinitely. Furthermore, as counsel for Ontario observes in citing the Wong v. Second Cup decision, the assertion of a disability must be supported by evidence that is more extensive than is provided in the letter from Dr. Jessamy.

[8] In the circumstances, I will adjourn the April 28 case conference in order to provide Ms. Dixon the opportunity to provide evidence of her disability and to propose any reasonable accommodations sought by her, recognizing that the case cannot be delayed indefinitely. This should be provided to me, and counsel for the defendants, by May 21, 2021. Counsel for the defendants may provide me with any response to that material by May 31, 2021.

[9] Subject to any directions I may issue following receipt of the material requested in the preceding paragraph, a further case conference shall be held, by Zoom, on Tuesday, June 8, 2021 at 9AM.

[10] My assistant will send out the coordinates for the case conference.

Paul B. Schabas J.

Date: April 23, 2021