Court File and Parties

COURT FILE NO.: CV-20-00653498

DATE: 20210420

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: 2390880 ONTARIO LTD., Applicant

AND: BLUEKEY EDUCATION LTD., Respondent

BEFORE: Mr. Justice Chalmers

COUNSEL: M. Dvorkina, for the Applicant P. Shao, as agent for the Respondent

HEARD: April 20, 2021, by teleconference

ENDORSEMENT

[1] The Applicant, 2390880 Ontario Ltd. brings this Application for payment of invoices. The invoices total approximately $53,000. The invoices have been outstanding since August and November 2019. This matter came before Justice Diamond on Short Motion Triage. By endorsement dated March 12, 2021, he convened a case conference to assess whether the matter should proceed by way of Application and, if so, to schedule the timetable and return date.

[2] Counsel for the Applicant takes the position that the Respondent has not disputed the invoices. She argues that it is unlikely there are any material facts in dispute and therefore the proceeding may be brought by Application pursuant to R.14.05(3)(h). Mr. Shao attended as a representative of the Respondent. He did not object to the matter proceeding by Application.

[3] I am satisfied that this matter may proceed by way of Application. After consulting with the parties, the Application is scheduled for August 11, 2021 for a three-hour appointment.

[4] I advised Mr. Shao that it will be necessary for the Respondent to retain legal counsel to respond to the Application. The case conference is adjourned to May 21, 2021 at 9 a.m. to provide time to the Respondent to retain counsel. The timetable for the Application will be established at that time. I remain seized with respect to establishing the timetable for the Application.

DATE: APRIL 20, 2021