Court File and Parties

COURT FILE NO.: CV-19-00613492; CV-20-00638690; CV-20-00645912 DATE: 20210507 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: STOPFALLS CANADA Plaintiff AND: V.T.P. LEE MEDICINE PROFESSIONAL CORP. et al. Defendants

RE: DARGAHI and ORIOLE PHYSIOTHERAPY Plaintiffs AND: V.T.P. LEE MEDICINE PROFESSIONAL CORP. et al. Defendants

RE: DR. SHERVIN ABBASZADEH DENTISTRY PROFESSIONAL CORPORATION et al. Plaintiffs AND: V.T.P. LEE MEDICINE PROFESSIONAL CORP. et al. Defendants

BEFORE: Mr. Justice Chalmers

COUNSEL: No one appearing, for the Plaintiff, Stopfalls C. Batrouny, for the Plaintiffs, Dargahi and Oriole P. Ezzatian, for the Plaintiff, Dr. Shervin Abbaszadeh Dentistry E. Zeitz, for the Defendant, V.T.P. Lee Medical Corp. J. Elamathail, for the Defendant, Crossbridge Condo No one appearing, for the Defendant, Enercare C. Leddy, for the Defendant, Reliance Home Comfort

HEARD: May 3, 2021, by teleconference

ENDORSEMENT

[1] A case conference was scheduled at the request of counsel for the Defendant, V.T.P. Lee Medical Corp. (V.T.P. Lee) to establish a timetable for the three actions which have been brought following a water loss which occurred on March 25, 2018.

[2] The case conference took place on April 9, 2021. An issue was raised with respect to whether Enercare or Reliance Home Comfort are proper parties. I directed counsel for V.T.P. Lee to advise the parties whether it was the owner of the water heater or, if rented, the name of the rental company. Counsel was also directed to advise the parties of the name of the company that maintained the water heater.

[3] At the case conference held on May 3, 2021, counsel for V.T.P. Lee advised that V.T.P. Lee was the owner of the water heater and it did not retain anyone to carry out maintenance. Reliance and Enercare are not involved in this matter. Reliance and Enercare are Defendants only in the action brought by the Plaintiffs, Dragahi and Oriole. Counsel for Dragahi and Oriole stated that on the basis of this admission he will seek instructions to dismiss the action against Reliance Home Comfort and Enercare. Counsel for Reliance stated that he will recommend that his client agree to a dismissal of the action on a without costs basis.

[4] The parties agree to schedule the discoveries of the remaining Defendants. Dr. Lee, the principal of V.T.P. Lee is available and will be examined on June 9, 2021. The representative of Crossbridge Condo will be examined on June 18, 2021. The parties will arrange the discoveries of the Plaintiffs once the discoveries of the Defendants are completed.

[5] The parties also agree to an order for trial together of the three actions. Counsel for V.T.P. Lee agreed to circulate a draft order. If all parties consent to the form of the order, I will sign the order. Counsel for V.T.P. Lee will forward the draft order and consent to the attention of my assistant at annamaria.tiberio@ontario.ca.

[6] If the parties require any further assistance of the court with respect to the scheduling of the discoveries a further case conference may be arranged with me.

[7] I remain seized of this matter.

DATE: May 7, 2021