Court File and Parties

COURT FILE NO.: CV-09-00387897

DATE: 20210125

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: PAUL OULAHEN, 776022 ONTARIO LIMITED, 1085372 ONTARIO LIMITED, 1235421 ONTARIO LIMITED, 1350728 ONTARIO LIMITED, 2017253 ONTARIO INC., AVONDALE CAFE INC. and HIGH-TECH REALITY INC.

AND:

CITY OF TORONTO and JOHN FILION

BEFORE: Mr. Justice Chalmers

COUNSEL: M. Davis and I. Katchin, for the Plaintiffs

B. Bain and H. Fisher, for the Defendants

HEARD: Telephone conference

Endorsement

[1] This action arises out of a development project located at 4687 Yonge Street, Toronto. The trial is scheduled for five weeks starting April 12, 2021. A case conference was conducted today to deal with trial management issues.

[2] The Plaintiffs advised that they narrowed the issues for trial. For the damages claim, the action will deal only with the development project at 4687 Yonge Street. With respect to the claim for the permanent injunction, the Plaintiffs expect to introduce evidence which deals with the Yonge Street property but perhaps other properties as well. The cause of action being pursued by the Plaintiffs is misfeasance of public office.

[3] The parties provided the most current list of proposed witnesses on the case conference. The parties agreed that counsel will identify the lay witnesses and their anticipated evidence by March 15, 2021. It is not necessary to provide the anticipated evidence for those parties who have been examined for discovery or the expert witnesses. Counsel also agreed to endeavour to provide will say statements for these witnesses by March 15, 2021.

[4] The Defendants intend to file affidavits of the evidence of the witnesses, Al Libfeld and Andrew Parkes. If the Plaintiffs require their attendance for the purposes of cross examination, Plaintiff’s counsel will advise by February 26, 2021. After receiving the Plaintiffs’ position, the Defendants will determine whether they will call Mr. Libfeld and/or Mr. Parkes to provide their evidence through examination in-chief.

[5] The trial is expected to be a virtual trial. A joint book of documents will be filed with the court through Caselines and is expected to be made an exhibit at trial. The Defendants provided a draft index for the joint document brief. Counsel for the Plaintiffs will provide his comments with respect to the draft index by March 15, 2021. The parties agree to finalize the joint document brief by March 26, 2021.

[6] If the parties intend to rely on caselaw or legislation, a book of authorities, with the cases hyperlinked, shall be served on the parties by April 2, 2021. The delivery of a book of authorities by April 2, 2021 does not preclude the parties from filing supplemental books of authorities at the direction of the trial judge.

[7] The parties agree that it would be helpful to know of the anticipated order of the witnesses. The parties expect the witnesses to be called in the order set out in the pre-trial conference briefs. The parties will confirm the anticipated order of witnesses by March 15, 2021.

[8] Based on the discussions today, the estimated length of trial is 17-20 days. The trial is currently scheduled for 25 days.

[9] If the parties require any further assistance with respect to trial management, I remain seized. If a further appointment is required, the parties can arrange the appointment through my assistant, Anna Maria Tiberio at annamaria.tiberio@ontario.ca.

Date: January 25, 2021