Court File and Parties

Court File No.: CV-15-538965 Date: 2021-05-14 Superior Court of Justice – Ontario

Re: Naveed Ahmed, Plaintiff And: Edgardo Magdangal, Defendant

Before: Mr. Justice Chalmers

Counsel: R. Naimark, for the Plaintiff S. Brown, for the Defendant

Heard: May 14, 2021 By teleconference

Endorsement

[1] The Regional Senior Judge for Toronto delegated the responsibility for determining requests for case management to Justice Darla Wilson. On April 9, 2021, Justice Wilson assigned me as the case management judge for this action. On April 12, 2021, a case conference was scheduled for May 14, 2021.

[2] This action arises out of a motorcycle/motor vehicle accident that occurred on August 1, 2015. The Plaintiff alleges that as a result of the accident, he sustained personal injury. The Statement of Claim was issued on October 23, 2015. The Statement of Defence was served on March 7, 2016.

[3] In November 2016, the Plaintiff was involved in a subsequent truck roll-over accident. No tort action was commenced as a result of this accident.

[4] The Examinations of Discovery were completed on December 13, 2016. The Defendant brought a motion with respect to undertakings and refusals. By order of Master Abrams dated September 5, 2018, the Plaintiff was required to answer the undertakings within 30 days. Many of the undertakings have since been answered.

[5] There have been two scheduled mediations which were later cancelled. The mediations were cancelled to allow the Plaintiff to provide updated productions and to allow the Accident Benefit insurer to attend.

[6] In 2019, the Plaintiff declared bankruptcy. The Plaintiff has not obtained an order to continue. The Plaintiff has scheduled a Master’s motion for August 24, 2021 for the order to continue.

[7] In January 2021, the Plaintiff’s previous lawyer passed away. Mr. Naimark was retained to act on behalf of the Plaintiff. A Notice of Change of Solicitors was served on February 24, 2021. Mr. Naimark has received the file from the Law Society Trustee Services; however, he is concerned that the file is incomplete.

[8] The parties require the assistance of the court with respect to the scheduling of the remaining steps in the litigation.

[9] The following timetable is established on the consent of the parties:

i) The Plaintiff has requested updated records and will provide the records to the Defendant’s solicitor upon receipt;

ii) Discovery of the parties with respect to questions arising out of the answers to the undertakings and refusals to be completed by September 30, 2021;

iii) The Defendant will complete all R. 33 independent medical examinations by December 31, 2021;

iv) The parties shall forthwith schedule a mediation with a mutually agreeable mediator. The mediation is to be completed by June 30, 2022; and

v) The Plaintiff shall set the action down for trial before July 31, 2022.

[10] I direct the Registrar to not administratively dismiss the action before July 31, 2022.

[11] I schedule a further case conference for October 18, 2021. If the parties require my assistance before October 18, 2021, the parties may request an earlier case conference.

[12] As the case management judge, I remain seized of this matter.

DATE: MAY 14, 2021