DesLauriers v. Breen, 2021 ONSC 7631

COURT FILE NO.: FS-19-96511

DATE: 20211118

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: David DesLauriers, Applicant

AND:

Rhonda Breen, Respondent

BEFORE: The Honourable Justice Van Melle

COUNSEL: Marek Tufman, for the Applicant

Emily Banks, for the Respondent

HEARD: November 18, 2021

E N D O R S E M E N T

1This matter was scheduled to be heard as a combined Settlement Conference/ Trial Management Conference. The applicant seeks an adjournment today as the business valuation is not completed.

2By way of background the Application is dated November 13, 2019 and the Answer December 18, 2019. A case conference was held on September 29, 2020 and an order for disclosure was made.

3There was some dispute as to the applicant’s ability to get disclosure from third parties for the business but this was eventually resolved.

4On June 17, 2021 Mr. Tufman agreed that it was his client, the applicant’s burden to value the business. Ms. Breen eventually agreed to pay half the cost of the valuation (although not legally obligated to do so) with the cost of same to be reapportioned at a later date.

5The valuator was retained on October 21, 2021 and unsurprisingly the valuation is not ready for today.

6The applicant says that he was unable to retain a valuator as he could not afford to do so. With all due respect that is not a valid argument. As can be seen from the timeline, he has had plenty of time to retain a valuator in advance of today’s conference.

7Mr. Tufman submits that Ms. Banks, on behalf of the respondent should have agreed to adjourn this matter without the necessity of appearing today. That position completely ignores the Central West Practice Direction which says that a conference cannot be adjourned without leave which requires extraordinary circumstances and a Trial Management Conference cannot be adjourned without a judge’s order. This policy was put in place to ensure that counsel would not agree to dates without understand their obligation to be ready to proceed on that date. It is well known that the Central West jurisdiction, with Brampton in particular is very busy. This was true before the pandemic and the situation is even more dire today.

8As the failure to be ready to proceed today lies with the applicant, I grant the respondent costs in the amount of $470.00 all inclusive.

9The earliest available date for a combined Settlement Conference/Trial Management Conference is September 1, 2022 at 2:00 and I adjourn this matter to that date.

Van Melle J.