Court File and Parties

COURT FILE NO.: CV-19-00629052

DATE: 2021-10-25

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: SERPA AUTOMOTIVE (2017) CORPORATION and FRANK SERPA

AND:

20336644 ONTARIO LIMITED, KAPIL DILAWRI and TOYOTA CANADA

BEFORE: Mr. Justice Chalmers

COUNSEL: M. Buccioni for the Plaintiffs C. Shammas for the Defendants, 20336644 Ontario Limited and Kapil Dilawri

HEARD: October 25, 2021, by teleconference

Endorsement

[1] The Defendants each brought motions pursuant to R. 21, seeking a dismissal of the Plaintiffs’ action. The motions first came before me on March 3, 2021. I adjourned the motions to allow the Plaintiffs to proceed with its motion for leave to amend the Statement of Claim. The Plaintiffs’ motion was scheduled to be heard on June 15, 2021 before an Associate Judge. The Defendants’ motions were adjourned to August 3, 2021. The motions were later adjourned to November 30, 2021.

[2] On the case conference today, counsel for the Plaintiffs advised that as a result of scheduling and technology issues, the motion for leave to amend the Statement of Claim will not proceed. The motion is now scheduled for early January 2022. Plaintiffs’ counsel requests an adjournment of the Defendants’ motions to a date which is after the leave to amend motion is to be heard. The Defendants do not object to this request.

[3] On consent, the motions are adjourned to February 25, 2022 for a full day. I am no longer seized.

[4] All materials have been filed for the motions. Any supplementary materials or factums following the motion for leave to amend, will be filed in accordance with the Rules. If the parties require further direction or a timetable for the motions, they may request a further case conference.

DATE: October 25, 2021