Court File and Parties

COURT FILE NO.: CV-20-00651888

DATE: 20211102

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: INDELL CORPORATION Plaintiff

AND:

AXIOM REAL-TIME METRICS INC. Defendant

BEFORE: Mr. Justice Chalmers

COUNSEL: A. Schorr, for the Plaintiff/moving party R. Stern, for the Defendant/responding party S. Barclay, for the Third party

HEARD: October 19, 2021, by teleconference

ENDORSEMENT

[1] The Plaintiff’s motion for summary judgment is scheduled for November 10, 2021. It is the Defendant’s position that this matter is not ready to proceed because of outstanding undertakings and refusals from the cross examination of the Plaintiff’s affiant.

[2] The Plaintiff takes the position that the undertakings and refusals are not relevant. For the purposes of the motion, the Plaintiff admits negligence, which makes many of the undertakings and refusals irrelevant. Although the Plaintiff takes the position that the undertakings and refusals are not relevant, the Plaintiff is prepared to answer all undertakings and refusals within 24 hours.

[3] The Plaintiff agrees to deliver its factum by October 22, 2021. I modify the timetable to allow the Defendant and Third Party to deliver their factums by November 5, 2021. The motion for summary judgment will proceed as scheduled on November 10, 2021 for a half-day.

DATE: November 2, 2021