Court File and Parties
COURT FILE NO.: CV-18-594320
DATE: 20210120
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: The Estate of Mira Buntic, by its Estate Trustees Sylvia Osth
AND:
Barbara Anne Pilarski and Majda Nikolic
BEFORE: Mr. Justice Chalmers,
COUNSEL: C. Freeman, for the Plaintiff
N. Marotta, for the Defendants/Moving Parties
S. Hodge, for LawPro
HEARD: Via telephone conference
Endorsement
[1] The Defendants brought a motion to dismiss the Plaintiff’s action on the basis that the action was commenced beyond the two-year limitation period prescribed by the Limitations Act. The motion came before Nakatsuru, J. on December 19, 2019. At the motion, the Plaintiff was represented by Chris Freemen. Justice Nakatsuru determined that Mr. Freeman may be a witness on the motion, and it was necessary for the Plaintiff to obtain new counsel for the motion. He adjourned the motion to allow time for the Plaintiff to retain new counsel.
[2] The Plaintiff did not taken steps to retain new counsel and the Defendants requested a case conference to bring the motion back on track and to establish a new timetable.
[3] The case conference took place today. S. Hodge attended the case conference. She stated that she had been retained a few days before by LawPro. She is reviewing the matter to determine the position LawPro may take on the motion. At the time of the case conference, Ms. Hodge did not know whether she would be retained to oppose the Defendants’ summary judgment motion.
[4] Ms. Hodge requested that the case conference be adjourned for a period of one month to allow time to review the file and determine LawPro’s position. The Defendants did not object to the adjournment.
[5] I adjourn the case conference to Friday, February 19, 2021 at 9:00 a.m. At that time, the parties will advise of their positions regarding the motion. If the motion is proceeding, it will be scheduled, and a timetable established at the case conference.
[6] I remain seized of this matter for the purpose of the case conference and the scheduling of the summary judgment motion.
Date: January 20, 2021