SUPERIOR COURT OF JUSTICE - ONTARIO

RE: HASSAN SESAY, CALVIN SESAY by his ligation guardian, JULLIET BANGURA, CHRISTIANA CEESAY and JULLIET BANGURA, , Plaintiffs

AND:

TORONTO POLICE SERVICES BOARD, WILLIAM BLAIR - CHIEF OF TORONTO POLICE SERVICE, CHILDREN’S AID SOCIETY OF TORONTO, PAUL ARBUS, MICHELLE CAMPESE, DETECTIVE CONSTABLE BARETTO, TROY TRILLEY, NICKKI HOLLAND-GREEN, LORA HILB, LISA TOMLINSON, WATCH TOWER BIBLE AND TRACT SOCIETY OF CANADA, and TANNIS HUGGINS, Defendants

BEFORE: SANFILIPPO J.

COUNSEL: Hassan Sesay, self-represented Plaintiff Julliet Bangura, self-represented Plaintiff Dillon Harhangi (articling student), for Olanyi Parsons (absent), lawyer for Julliet Bangura in her capacity as litigation guardian for the minor plaintiff, Calvin Sesay, and lawyer for Christiana Ceesay Rebecca Bush and Samantha Bonanno¸ lawyers for the Defendants Toronto Police Services Board, William Blair – Chief of Police Service, Paul Arbus, Michelle Campese and Detective Constable Baretto Carole Jenkins, lawyer for the Defendants Children’s Aid Society of Toronto, Troy Tilley, Nickki Holland-Green, Lora Hilb and Lisa Tomlinson David M. Gnam, lawyer for the Defendant Watch Tower Bible and Tract Society of Canada Sarah Mott-Trille, lawyer for the Defendant Tannis Huggins

HEARD (By Videoconference): January 22, 2021

7th case management ENDORSEMENT

[1] By letter dated January 15, 2021, the Defendants jointly requested the urgent scheduling of a Case Management Conference, using the protocol set out in paragraph 12 of the Case Management Endorsement of October 30, 2020: Sesay v. Toronto Police Services Board, 2020 ONSC 6664 (the “6th CM Endorsement”).

[2] The Defendants submitted that an urgent case management conference was necessary to assist the parties in expeditiously and efficiently handling the upcoming two-day Master’s motion scheduled for February 25 and 26, 2021. These Master’s Motions were scheduled by paragraph 10(d) of the 6th CM Endorsement and were directed to be prepared for hearing in accordance with the timetable set out in paragraph 10(e) of the 6th CM Endorsement (the “Timetable”).

[3] The Defendants submitted that the self-represented Plaintiffs, Hassan Sesay and Julliet Bangura, have failed to comply with the Timetable set out in the 6th CM Endorsement in two ways: first, they seek broader relief in their Motions than the areas previously identified by them as listed in paragraph 10(c) of the 6th CM Endorsement and referred to as the “Plaintiffs’ Master’s Motions”.[^1] Second, the Defendants submitted that these Plaintiffs brought these Motions on January 11, 2021, more than a month after the date scheduled for the motion records to be delivered.[^2]

[4] Mr. Sesay and Ms. Bangura explained that they did not receive the 6th CM Endorsement when issued due to an internet issue and were not on notice of the required Timetable in time to meet the December 9, 2020 deadline for delivery of Motion Records. They stated that they intend to proceed with the pending motions in an effective and cost-efficient manner and will take all steps to do so. They seek to advance Motions for all the relief set out in the motion material delivered on January 11, 2021.

[5] I accept the Plaintiffs’ explanation for the delay in serving their motion material. Although the self-represented Plaintiffs listed at the 6th CM Conference the Master’s Motions that they had at that time identified and sought to advance, and although the relief that they now seek to advance may be broader in scope than that previously identified, it is important that all Master’s Motions sought to be advanced by all parties be scheduled now, so that they can be heard in one hearing.

[6] I will therefore schedule for hearing the Motions that the self-represented Plaintiffs delivered on January 11, 2021. The self-represented Plaintiffs heard today submissions by defence counsel regarding the form and substantive content of the Plaintiffs’ motion material, and I will provide these Plaintiffs with time to seek legal advice on the substantive content and form of their Motion materials. They requested two weeks to do so, which I will grant. I will vacate the current dates scheduled for the Master’s Motions and implement a revised Timetable that will allow all Master’s Motions sought to be brought by any party to be heard at the newly-scheduled hearing dates.

A. Specific Case Management Directions

[7] Having considered the submissions made at the Case Management Conference, I direct as follows:

(a) The current two days scheduled for the hearing of all Master’s Motions to be brought by the parties before the Case Management Master, specifically February 25 and 26, 2021, are hereby vacated.

(b) Any motion that the Plaintiffs currently have identified for determination by the Case Management Master, being the Plaintiffs’ Motion for Undertakings, the Motion for Further Examination, the Motion for Examination of Defendant, the Motion for Inspection and the Motion for Particulars, as listed in paragraph 10(c) of the 6th CM Endorsement, and all the Motions delivered by the self-represented Plaintiffs on January 11, 2021 (collectively the “Plaintiffs’ Master’s Motions”), must be brought returnable before Case Management Master Josefo on May 20, 2021, to continue into May 21, 2021 if necessary, in accordance with the timetable set in paragraph 7(d), below;

(c) The motion that the Defendants have identified for determination by the Case Management Master, being the Defendants’ Motion for Undertakings, must be brought returnable before the Case Management Master on May 20, 2021, to continue into May 21, 2021, if necessary, in accordance with the timetable set out in paragraph 7(d), below;

(d) The Plaintiffs’ Master’s Motions and the Defendants’ Motion for Undertakings, which I will refer to collectively as the “Pending Master’s Motions”, shall be prepared for hearing in accordance with the following Timetable:

(i) Should the Plaintiffs choose to supplement, amend or withdraw any Motion Record already delivered, or bring any further Motion Record, they shall do so by February 5, 2021.

(ii) Any party responding to a Pending Master’s Motion shall deliver her or his Responding Motion Record by March 5, 2021.

(iii) If required, any moving party shall serve any Reply Motion Record by March 19, 2021;

(iv) If required, any cross-examinations shall be conducted by videoconference by April 7, 2021.

(v) Any party bringing a Pending Master’s Motion shall deliver her or his Factum by April 28, 2021.

(vi) Any party responding to a Pending Master’s Motion shall deliver her or his Factum by May 13, 2021.

(vii) The moving party on any Pending Master’s Motion shall deliver a Motion Confirmation Form in relation to each such Motion by May 14, 2021.

(viii) The Pending Master’s Motions shall be heard on May 20 and May 21, 2021, if necessary, by the Case Management Master.

(e) The Toronto Police Services Defendants may substitute the lawyer’s affidavit in support of their motion for undertakings and refusals, with another lawyer’s affidavit, without substantive change to the content of the affidavit, at their discretion.

(f) The Case Management Conference scheduled by paragraph 10(h) of the 6th CM Endorsement is vacated. The Next Case Management Conference shall be conducted on June 4, 2021 at 3:00 pm, by videoconference using video coordinates that will be provided by the Court.

[8] The parties may bring forward and speak to any request for the scheduling of any motions for summary judgment at the Case Management Conference conducted upon completion of the Pending Master’s Motions

B. General Case Management Directions

[9] Broad application of Rule 50.13 will be used to address and resolve matters raised at case conference, in circumstances where this is possible. Parties ought to expect that procedural orders and directions will be made at case conferences, in accordance with Rule 50.13(6), on informal notice of the issue to be addressed.

[10] Any party who seeks to address an important issue identified in this Action between now and the next scheduled case conference of June 4, 2021 and who considers that an urgent case conference would assist in expeditious and efficient handling of any such issue, may request the scheduling of a further case conference by letter to my judicial assistant, with copy to all counsel and self-represented parties, using the following protocol:

(a) The party requesting the further case shall canvas with all other parties their availability for a video Case Management Conference at 4:30 pm;

(b) The party shall provide my judicial assistant with a list of three such dates on which all parties are available at 4:30 pm for a video Case Management Conference;

(c) The requesting party shall provide my judicial assistant with a written submission, of no more than 3 pages in length, copied to all parties, setting out the status of this proceeding and detail of the issue that requires the urgent scheduling of a Case Management Conference.

[11] With the sole exception of communication for the purpose of scheduling an urgent Case Management Conference in accordance with the procedure set out in paragraph 10, above, no party shall communicate with my judicial assistant. All communications in this case management must take place at a Case Management Conference with the participation of all parties.

[12] The requirement of preparation, issuance and entry of a formal order is hereby dispensed with in accordance with Rule 77.07(6).

Sanfilippo J.

Released: January 22, 2021

[^1]: “10(c) Any motions that the Plaintiffs currently have identified for determination by the Case Management Master, being the Plaintiffs’ Motion for Undertakings, the Motion for Further Examination, the Motion for Examination of Defendant, the Motion for Inspection and the Motion for Particulars (collectively the “Plaintiffs’ Master’s Motions”), must be brought returnable before Case Management Master Josefo on February 25, 2021, to continue into February 26, 2021 if necessary, in accordance with the timetable set in paragraph 10(e), below:” [^2]: “10(e) The Plaintiffs’ Master’s Motions and the Defendants’ Motion for Undertakings, which I will refer to collectively as the “Pending Master’s Motions”, shall be prepared for hearing in accordance with the following Timetable: (i) Any party bringing a Pending Master’s Motion shall deliver her or his Motion Record by December 9, 2020.”