Court File and Parties

COURT FILE NO.: CV-20-00649597

DATE: 20210511

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: LOBLAW COMPANIES LIMITED, SHOPPERS DRUP MART INC., and SANIS HEALTH INC.

AND:

ROYAL & SUN ALLIANCE INSURANCE COMPANY OF CANADA, et al.

BEFORE: Mr. Justice Chalmers

COUNSEL: (see attached service list)

HEARD: May 11, 2021

ENDORSEMENT

[1] At the case conference on May 5, 2021, the Applicants’ motion for a Norwich order to compel Teva Canada to produce any relevant insurance policies was scheduled for May 20, 2021. Teva intends to bring a cross-motion for a protective order. A timetable was established. The parties advised at the case conference today that the Motion record was delivered on May 10, 2021. No changes to the timetable are required.

[2] The Applicants intend to bring a motion to amend the Notice of Application to add Sentry Insurance. If other insurers issued policies to Teva, the Applicants may also be seeking to add other insurers. The motion to amend the Notice of Application to add Sentry and the other insurers is scheduled for May 28, 2021, for a full day. The following timetable is established:

Motion Record to be delivered by May 17, 2021;

Responding Record to be delivered by May 20, 2021;

Moving parties’ factum to be delivered by May 25, 2021; and

Responding parties’ factum to be delivered by May 26, 2021

[3] The previously agreed upon timetable for the Application requires the Applicants to deliver their factum by May 17, 2021. Counsel for the Applicants will deliver their factum in accordance with the timetable. If the Applicants are successful with respect to their motion to amend the Notice of Application to add insurers, it may be necessary for the Applicants to deliver a Supplemental Factum. The timetable is amended to provide that if the Applicants wish to deliver a Supplemental Factum they must do so by June 7, 2021. The timetable is also amended to provide that the factums of the insurers who are currently Respondents are to be delivered by June 11, 2021. If the Application is amended to add additional insurers to the Application, the new insurers will have until June 18, 2021 to deliver their factums. The timetable is also amended to provide that the Applicants’ reply factum is to be delivered by June 25, 2021.

DATE: MAY 11, 2021