Court File and Parties

COURT FILE NO.: CV-15-522676 DATE: 20210915 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: SYED ABID HUSSAIN and RUBINA ABID Plaintiffs AND: DAYA SINGH FLORA and BALBIR FLORA Defendants

COURT FILE NO.: CV-15-528162 DATE: 20210915

RE: SYED ABID HUSSAIN Plaintiff AND: DAYA SINGH FLORA Defendant

BEFORE: Mr. Justice Chalmers

COUNSEL: A. Zweig for the Plaintiffs D. Bourassa for the Defendants

HEARD: September 15, 2021 by teleconference

ENDORSEMENT

[1] The trial in this matter was scheduled to commence on September 20, 2021. It is necessary to adjourn the trial as a result of health issues involving counsel for the Defendants.

[2] I adjourn the trial to January 10, 2022. The trial is scheduled for 10 days. Both counsel assure me that the trial will be completed in the time available. The trial date is peremptory to the Defendants.

[3] The parties agree that the pleadings ought to be re-drafted to make it easier for the trial judge to understand and deal with the issues at trial. Plaintiff’s counsel prepared a re-drafted Statement of Claim. Counsel for the Defendants will provide a re-drafted Statement of Defence by October 1, 2021.

[4] The Defendant is required to produce additional documents. Counsel for the Defendants agreed to produce the outstanding documents by October 31, 2021. If the Defendant does not produce the additional documents by October 31, 2021, the Defendants may not make use of the documents at trial, except with leave of the trial Judge.

[5] The additional documents will be produced in a separate brief. Both parties agree that the production of the additional documents is without prejudice to any position the Plaintiff may wish to take at trial with respect to breach of previous production orders or admissibility of the documents.

[6] Counsel for the Plaintiffs argues that he had begun his preparation for trial, before he was advised the trial would have to be adjourned. He is seeking his costs “thrown away”. I reserve the issue of the Plaintiffs’ costs of the adjournment, to the trial Judge.

[7] I remain seized with respect to any issues that may affect the readiness of this matter to proceed to trial on January 10, 2022.

DATE: SEPTEMBER 15, 2021