Court File and Parties

COURT FILE NO.: CV-16-2517-SR

DATE: 2021-04-29

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: MDG Newmarket Inc. o/a Ontario Energy Group, Plaintiff

AND:

Pierre Pascal, Defendant

BEFORE: Regional Senior Justice B. G. Thomas

COUNSEL: Elliot Birnboim and Michael Crampton, Counsel for the Plaintiff

Jyoti Chaudhry, Counsel for the Defendant

HEARD: In writing.

ENDORSEMENT

[1] On February 20, 2021 this action appeared before Justice LeMay on a motion for summary judgment. The action was commenced in the Central West Region. It came to the attention of Justice LeMay that Justice Raikes was case managing a class action in London which considered common issues. It appeared to Justice LeMay that this action clearly fit within the definition of the Class.

[2] Subject to Court approval, a settlement has been reached in the class action. That settlement may capture and/or have implications for this action and the motion for summary judgment.

[3] Upon considering all of the issues and registering his concern with litigation economy and the potential of inconsistent verdicts, Justice LeMay initiated a motion to transfer this action to the Southwest Region. His endorsement at para. 48 is set out below:

[48] For the foregoing reasons, I am ordering as follows:

a) The action in Court File No. CV-16-2517-SR is temporarily stayed, pending the completion of the other steps set out below.

b) The matter is to be referred to Thomas R.S.J. in the Southwest Region for a determination as to whether it more appropriately belongs in that region and/or as part of the class action proceedings before Raikes J.

c) If the matter is not transferred to the Southwest Region and/or stayed by Thomas R.S.J. and/or Raikes J., then it is to return to me for adjudication on the merits.

[4] Upon considering the factors enumerated in r. 13.1.02(2) of the Rules of Civil Procedure and s. 13 of the Class Proceedings Act, I am satisfied that it is desirable in the interests of justice to transfer this proceeding to London in the Southwest Region to be case managed by Justice Russell Raikes, and I so order. The parties should contact the trial co-ordinator in London (Joy Beattie – joy.beattie@ontario.ca) to arrange for a case conference before Justice Raikes. The temporary stay ordered by Justice LeMay remains in place until otherwise determined by Justice Raikes.

[5] Counsel for the plaintiff should prepare my order so that it can be issued and entered. The draft order can be forwarded to the London trial co-ordinator to my attention.

Regional Senior Justice B. G. Thomas

Date: April 29, 2021.