Court File and Parties

COURT FILE NO.: CV-21-00656182

DATE: 20210531

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: BARBARA DIRKS Plaintiff

AND:

PACE CREDIT UNION LIMITED Defendant

BEFORE: Mr. Justice Chalmers

COUNSEL: M. Smith and E. Yagt for the Plaintiff

J. Goodman and G. Nuttal, for the Defendant

HEARD: May 31, 2021

ENDORSEMENT

[1] This is a wrongful dismissal action. The Plaintiff, Barbara Dirks was the CEO of the Defendant until November 20, 2020 when she treated her employment as terminated through a constructive dismissal. The Plaintiff brought a motion for summary judgment. The matter came before Justice Myers at CPC on April 6, 2021. He did not schedule the motion but instead convened a case conference to explore with counsel the most efficient and affordable process for the resolution of this matter.

[2] At the case conference today, counsel advised that there was agreement that the summary judgment motion would not proceed at this time. They also agreed on a timetable for the next few steps in the litigation. Following the completion of those steps, the parties are prepared to discuss whether the trial of the matter can be streamlined. Counsel for the Plaintiff stated that a hybrid summary trial-like procedure may be appropriate. Counsel for the Defendant stated that the action is complicated with significant issues of credibility which may not make the matter appropriate for summary trial procedure.

[3] It is my view that it is too early to tell whether there are measures that could be put into place to streamline the trial procedure. At this point, there has not been documentary or oral discovery. After the discovery process, the parties and the court, will be in a better position to determine the most appropriate trial procedure.

[4] I establish the following timetable, on the consent of the parties:

a) Mediation to be conducted by July 30, 2021;

b) Parties will exchange Affidavits of Documents by September 30, 2021; and

c) Examinations for Discovery of the parties will be completed by November 15, 2021. The discovery of the Defendant is subject to R. 31.03.

[5] Following the Examinations for Discoveries, the parties may request a further case conference with me to determine the next steps in the proceeding and in particular, whether there are any procedures that can be put in place to streamline the trial of the action.

[6] I remain seized with respect to any issues involving the timetable.

DATE: MAY 31, 2021