Court File and Parties

COURT FILE NO.: CV-21-00661041

DATE: 2021-11-01

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: MONICA GRANT, individually and on behalf of others similarly situated, Applicant

AND:

INFOLINK TECHNOLOGIES CORP. o/a VOICELOGIC, Respondent

APPLICATION UNDER the Evidence Act, R.S.O. 1990, c- E.23, s.60 and the Canada Evidence Act, R.S.C. 1985, c. C-5, s.46, and the Rules of Civil Procedure, R.R.O. 1990, Reg. 194, Rules 14.05 and 34. AND IN THE MATTER OF an action pending in the name of MONICA GRANT v. REGAL AUTOMOTIVE GROUP, INC. in the United States District Court, Middle District of Florida, Tampa Division, Tampa, Florida, Case #: 8:19-cv-363-SDM-JSS

BEFORE: Mr. Justice Chalmers

COUNSEL: S. Gabrael for the Applicant A. Wygodny, for the Respondent M. Nowina, for Regal Automotive Group, Inc.

HEARD: November 1, 2021, by teleconference

Endorsement

[1] By endorsement dated June 18, 2021, I ordered the Respondent, Infolink Technologies Corp. o/a Voicelogic (Voicelogic) to attend an examination pursuant to letters of request issued by the Honourable Justice Julie S. Sneed of the Middle District of Florida, Tampa Division in the action; Grant v. Regal Automotive Group, Inc. in the United States District Court, Middle District of Florida, Tampa Division, Tampa, Florida, Case# 8:19-cv-363-SDM-JSS. By endorsement dated July 2, 2021, I ordered the representative of Voicelogic to attend the examination on July 12, 2021. It was a term of my order that the examination will not proceed unless the Applicant delivers the attendance money of $7,500 and the protective order before the commencement of the examination.

[2] The examination of the Voicelogic did not proceed. The protective order was obtained, but the order was appealed. It was a term of the order of the US court that Regal Automotive is to be added as a party to this Application.

[3] The Applicant scheduled the motion to add Regal to the Application. The motion is to take place before me on November 29, 2021 for up to 2 hours. The Applicant has proposed a timetable for the motion. The parties have not agreed on the date the Respondents’ material is to be delivered by or the date for the cross examinations.

[4] I establish the following timetable:

Responding Record for Regal by 4 p.m. November 1, 2021;

Responding Record, if any, for Voicelogic by 4 p.m. November 8, 2021;

Reply Materials, if any, for the Applicant by 4 p.m. November 10th, 2021;

Cross examinations, if required, by November 12, 2021;

Moving party’s Factum by November 18, 2021;

Responding party’s Factum by November 24, 2021; and

Hearing Date on November 29, 2021 for up to 2 hours.

DATE: November 1, 2021