Court File and Parties

COURT FILE NO.: CV-17-579431 DATE: 20210426

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: GRASSHOPPER SOLAR CORPORATION Plaintiff AND: NEIL PALMER and MICHAELE HALL Defendants

BEFORE: Mr. Justice Chalmers

COUNSEL: R. Stubbs, for the Plaintiff/Moving Party N. Palmer and M. Hall Self-Represented

HEARD: April 26, 2021, by teleconference

Endorsement

[1] On August 9, 2012, Neil Palmer and Michelle Hall entered into a Solar Development Lease Agreement (“SDL”) with the Plaintiff for a term of 20 years. By endorsement released March 5, 2021, I found that the Defendants breached the SDL. There was insufficient evidence on the motion to determine the amount of damages payable to the Plaintiff. I directed that the issue of damages and prejudgment interest to which the Plaintiff is entitled shall be determined on a reference.

[2] A case conference was convened for today to schedule the reference and to establish a timetable. The reference will be in writing, with an oral hearing only if I deem it necessary after receiving the written materials.

[3] The parties’ consent to the following timetable:

a. The Plaintiff’s record shall be delivered by May 13, 2021;

b. The Defendants’ record shall be delivered by May 20, 2021;

c. Cross-examinations on affidavits shall be completed by May 31, 2021;

d. The Plaintiff’s factum to be delivered by June 15, 2021;

e. The Defendants’ factum to be delivered by June 22, 2021; and,

f. Oral hearing, if necessary, on June 29, 2021.

[4] To ensure the parties are on track, I schedule a further case conference for June 7, 2021 at 9 a.m.

[5] I remain seized.

DATE: April 26, 2021