Court File and Parties

COURT FILE NO.: CV-17-581322-00CP

DATE: 20210430

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: GEORGE AZAR, Plaintiff

– and –

STRADA CRUSH LIMITED, Defendant

BEFORE: Justice E.M. Morgan

COUNSEL: Henry Juroviesky, for the Plaintiff

Rahool Agarwal, Vlad Calina, and Maya Bretgoltz, for the Defendant

HEARD: April 30, 2021

CASE CONFERENCE

[1] This case conference was convened in order to discuss next steps in this action, which has had an unusual procedural history. It was certified and then decertified by me, Mr. Azar has been judged to be an appropriate representative Plaintiff at the time of the certification and an inappropriate representative Plaintiff at the time of the decertification, and Mr. Juroviesky has had good relationship with Mr. Azar at the time of the certification, a falling out with Mr. Azar at a subsequent time, and a rapprochement with Mr. Azar as of the decertification motion. He continues to represent Mr. Azar at the present time.

[2] Mr. Juroviesky has now come forward with a new client who he proposed as a replacement for Mr. Azar as representative Plaintiff. He would like to schedule a recertification motion with this newly proposed Plaintiff.

[3] Mr. Agarwal, on behalf of the Defendant, seeks to settle the terms of the formal Order from my decertification ruling. The Order is not complicated, but there is one point of disagreement between the parties – that is, the terms of the $37,800 in costs that I ordered in favour of the Defendant. The Defendant proposes a term of the Order that would make Mr. Juroviesky personally responsible for those costs if Mr. Azar does not pay them, while Mr. Juroviesky resists that term and says that he is not liable for Mr. Azar’s costs.

[4] As discussed at the case conference, the Order should be settled and the costs issue resolved prior to any recertification motion. The motion with respect to the outstanding costs and the terms of the Order will be heard by me on July 5, 2021. We will defer until that time any scheduling discussions for subsequent motions.

[5] A CaseLines account has been set up for this action. I would ask all counsel to file any motion materials in the usual way with the Motions Office, and, in addition, to upload onto CaseLines all materials for my use. CaseLines is a more efficient way of collecting and keeping track of the documents in the file than simply emailing attachments to my assistant.

Morgan J.

Date: April 30, 2021