COURT FILE NO.: CV-16-548054

DATE: 20210614

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: DEB KRIZMANICH Plaintiff

AND:

KEITH VINCENT ET AL Defendants

BEFORE: Mr. Justice Chalmers

COUNSEL: N. Groot for the Plaintiff

No one appearing for the Defendants

HEARD: June 14, 2021 by teleconference

ENDORSEMENT

[1] This is a fraud recovery case. The Defendants recently plead guilty in a criminal case involving the same facts. The Plaintiff brings this motion for summary judgment based on the guilty plea. This matter came before me at Civil Practice Court on May 19, 2021, to schedule the Plaintiff’s summary judgment motion. The Defendant argued that he could not respond to the motion because of his recent diagnosis of pancreatic cancer. I was of the view that the matter would benefit from a case conference.

[2] According to counsel for the Plaintiff, the Defendant did not co-operate with respect to the scheduling of the case conference. As a result, the matter was again spoken to in CPC on June 9, 2021. Counsel for the Plaintiff and Mr. Vincent personally attended CPC. At that time, Dow, J., scheduled the summary judgment motion for September 13, 2021 for two hours. He convened a case conference to establish the timetable for the motion.

[3] Following the CPC, counsel for the Plaintiff sent an e-mail to Mr. Vincent and provided a copy of Dow, J.’s endorsement. On Friday June 11, 2021, the court staff advised Plaintiff’s counsel that the case conference was scheduled for today, June 14, 2021 at 3 p.m. Counsel advised Mr. Vincent of the case conference and provided the teleconference numbers. Mr. Vincent asked what he was required to do. Plaintiff’s counsel advised Mr. Vincent that the purpose of the case conference was to establish a timetable for the motion. Mr. Vincent failed to attend the case conference today.

[4] I establish the following timetable for the summary judgment motion:

a. Supplementary Motion record to be delivered by June 30, 2021;

b. Responding Record to be delivered by July 23, 2021;

c. Reply record, if any, to be delivered by July 30, 2021;

d. Cross examinations completed by August 6, 2021;

e. Moving party’s factum to be delivered by September 3, 2021;

f. Responding Factum to be delivered by September 8, 2021; and

g. Hearing September 13, 2021 for 2 hours.

[5] I direct counsel for the Plaintiff to provide a copy of this endorsement to Mr. Vincent.

[6] I remain seized with respect to any issues that may arise with respect to the timetable or scheduling of the motion.

DATE: JUNE 14, 2021