Court File and Parties

COURT FILE NO.: CV-20-648594

DATE: 20211115

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: BLESSING ALEACHENU on her own behalf, and EDGAR OMAKWU by his Litigation Guardian BLESSING ALEACHENU Plaintiffs

AND:

DR. PHILIP ROLAND SOLOMON, SOLOMON FACIAL PLASTIC, and ALL PRIMARY MEDICAL PERSONNEL WHO PARTICIPATED IN THE ALLEDGED NEGLIGENT TREATMENT, ALONG WITH ADDITIONAL, YET TO BE IDENTIFIED DEFENDANTS Defendants

BEFORE: Chalmers, J.

COUNSEL: B. Aleachenu, self-represented

P. Leslie, for the Defendants

HEARD: November 15, 2021, by teleconference

Endorsement

[1] The Plaintiff’s motion for leave to amend the Statement of Claim and to remove me as the case management judge and the Defendant’s motion to dispense with mediation were scheduled for August 4, 2021. The Plaintiff failed to attend the motion. The motions were adjourned to a date to be arranged.

[2] The Defendants were unable to contact the Plaintiff to reschedule the motions. The Defendants now intend to bring a motion for summary judgment to dismiss the Plaintiffs’ action. The date of November 15, 2021 was set aside for the hearing. Counsel for the Defendants had a conflict on November 15, 2021 and as a result the motion date was converted to a case conference.

[3] The Plaintiff received notice of the case conference date and the dial-in information. She did not attend the case conference. The case conference proceeded in her absence.

[4] Counsel for the Defendants requested a long motion date for the summary judgment motion. The first available date is August 4, 2022. The motion is expected to require a full day for argument.

[5] I establish the following timetable for the summary judgment motion:

Defendants’ Motion Record to be delivered by May 4, 2022;

Plaintiff’s Responding Motion Record to be delivered by June 3, 2022;

Cross-examinations completed by July 4, 2022;

Defendants’ Factum to be delivered by July 14, 2022;

Plaintiff’s Factum to be delivered by July 25, 2022;

Reply Factum, if any to be delivered by July 28, 2022; and

Hearing August 4, 2022 for a full-day.

[6] Ms. Aleachenu has blocked all e-mails from my judicial assistant. I direct counsel for the Defendant to e-mail a copy of this endorsement to Ms. Aleachenu.

[7] Service of the Defendants’ materials is to be made by personal service on Ms. Aleachenu. Ms. Aleachenu may serve her materials on the Defendants’ counsel by e-mail.

[8] As case management judge, I remain seized with respect to all issues relating to the timetable and other procedural matters. I am not seized of the motion.

[9] Costs of today’s case conference are reserved to the judge hearing the Summary Judgment motion.

DATE: November 15, 2021