Court File and Parties

COURT FILE NO.: CV-21-00663094

DATE: 20210614

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: MURRAY MALTZ PROFESSIONAL CORPORATION Applicant

AND:

LAWYER’S PROFESSIONAL INDEMNITY COMPANY Respondent

BEFORE: Mr. Justice Chalmers

COUNSEL: G. Adrian for the Applicant B. Phillips for the Respondent

HEARD: June 14, 2021 by teleconference

Endorsement

[1] The Applicant is a lawyer. His client, in a Family Law Act matter, brought an action against him alleging negligence and breach of fiduciary duty. LawPro denied coverage. The Applicant brings this application seeking a declaration of coverage under the LawPro policy. This matter came before Myers, J. on the Short Motion Triage. He convened a case conference which took place before me today.

[2] The Applicant seeks a sealing order. It is the Applicant’s position that the position of LawPro in the coverage dispute may affect the defence of the Applicant in the underlying action. LawPro agrees that a sealing order is appropriate. I advised the parties that I am prepared to sign a sealing order on consent. Once the parties agree on the terms of the order, counsel for the Applicant may forward the draft order and signed consent to my assistant, annamaria.tiberio@ontario.ca, for my consideration.

[3] The estimated time for the oral hearing is one full day. I schedule the Application for January 27, 2022. The following timetable is established on consent:

a. Application Record has been served;

b. The Responding record is to be delivered by July 3, 2021;

c. Reply record to be delivered by August 18, 2021;

d. Cross examinations to be completed by October 22, 2021;

e. Applicant’s factum to be delivered by November 24, 2021;

f. Respondent’s factum to be delivered by January 7, 2022;

g. Reply factum to be delivered by January 14, 2022; and

h. Hearing scheduled for January 27, 2022 for a full day.

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

DATE: JUNE 14, 2021