Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: EMCO CORPORATION Plaintiff
AND:
URBAN MECHANICAL CONTRACTING LTD. Defendant
BEFORE: Mr. Justice Chalmers
COUNSEL: R. Drake for the Plaintiff, D. Campoli, for the Defendant
HEARD: May 3, 2021, by teleconference
ENDORSEMENT
[1]
Background
This action is for the collection of a debt and breach of trust pursuant to the Construction Act. The Plaintiff brings this motion for summary judgment.
2This matter came before Diamond, J. at Civil Practice Court on March 10, 2021. He scheduled the motion for today and established a timetable. The Defendants did not deliver their responding record in accordance with the timetable. Counsel for the Defendants advise that the responding record was due when the Province entered the most recent shutdown as a result of the COVID-19 pandemic. This caused a delay of a few days. As a result, the cross-examinations could not proceed as scheduled.
3Once the motion records were exchanged the parties determined that the matters would be best determined on a Summary Trial. Both parties consent to a 2-day Summary Trial being scheduled at this time.
[4]
Disposition
I schedule a two-day Summary Trial for the week of November 8, 2021.
5The parties are required to proceed to a pre-trial conference, on a date to be arranged by the court. I am satisfied that in the circumstances of this case it is in the interests of justice that the parties proceed to the pre-trial conference without first participating in a mediation. I exempt this action from mandatory mediation pursuant to R. 24.1.05.
6If the parties require any assistance with respect to establishing a timetable for the summary trial, the parties may request a case conference with me.
DATE: May 3, 2021