Court File and Parties

COURT FILE NO.: CV-21-00659829

DATE: 20210624

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: ANTONIO SWAMINATHAN Plaintiff

AND:

DEGNALL, JOHN DOE and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY Defendants

BEFORE: Mr. Justice Chalmers

COUNSEL: M. Henry, for the Plaintiff

A. Swaminathan, personally

S. Smith, for the Defendants

HEARD: June 23, 2021 by teleconference

ENDORSEMENT

[1] This matter was scheduled to proceed to trial in the fall of 2020. On September 27, 2020 counsel for the Plaintiff communicated an acceptance of the Defendants’ Offer to Settle dated January 9, 2018. The trial date was vacated. After the acceptance was communicated to counsel for the Defendants, Mr. Swaminathan rescinded his acceptance of the Offer. He has taken the position that he felt pressured to accept.

[2] The Defendants bring this motion to enforce the settlement. I agreed to hear the motion. The motion is scheduled for August 23, 2021 for a ½ day hearing. The following timetable is established:

a. The motion material was delivered in October 2020;

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

c. Case conference on July 20, 2021, at 9 a.m.;

d. Cross-examination on affidavits, if any, to be completed by July 30, 2021;

e. Moving party’s factum to be delivered by August 6, 2021;

f. Responding factum to be delivered by August 13, 2021;

g. Reply Factum, if any to be delivered by August 18, 2021; and

h. Hearing August 23, 2021 for a half-day.

[3] Counsel for the Plaintiff advised that he intends to bring a motion to be removed as solicitor of record. If there is consent, I would be prepared to deal with the motion in writing.

[4] I remain seized.,

DATE: JUNE 24, 2021