Court File and Parties
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
1On 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.
2Subject 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.
3Upon 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:
48For 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.
4Upon 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.
5Counsel 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.