Court File and Parties

COURT FILE NO.: CV-21-00663564

DATE: 20211115

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: DESIREE TREMBLETT Plaintiff

AND:

LAMB DEVELOPMENT CORP. Defendant

BEFORE: Chalmers, J.

COUNSEL: S. McDonald, for the Plaintiff

S. Werbowyj, for the Defendants

HEARD: November 15, 2021, by teleconference

Endorsement

[1] This is a wrongful dismissal action.

[2] The Statement of Claim was issued on June 7, 2021. The Statement of Defence and Counterclaim was delivered on July 17, 2021. The Defence to Counterclaim and Reply was delivered on July 30, 2021. On September 27, 2021, counsel for the Plaintiff e-mailed counsel for the Defendant to schedule Examinations for Discovery. Counsel followed up one week later on October 4, 2021. Plaintiff’s counsel states that she received no response from Defendant’s counsel.

[3] Plaintiff’s counsel advised that she requested this case conference because she was having difficulty in scheduling dates for discovery and mediation. She stated that she has not delivered a sworn Affidavit of Documents or a Notice of Examination for Discovery. She has not utilized the Rules available to move the matter along.

[4] It is my view that it is inappropriate to request a case conference before taking the steps set out in the Rules to schedule the discoveries and mediation. It is particularly inappropriate to schedule a case conference to move a matter along when the party making the request is in default of the Rules for failing to deliver a sworn Affidavit of Documents.

[5] The parties consent to exchanging sworn Affidavits of Documents by December 3, 2021. I am not prepared to schedule Examinations for Discovery. The parties are to utilize the Rules available to schedule the discovery and to compel attendance.

[6] Today’s case conference was unnecessary. Counsel for the Plaintiff should not have requested the case conference before she delivered a sworn Affidavit of Documents or a Notice of Examination for Discovery. I award costs of the case conference to the Defendant fixed in the amount of $250. The costs are payable by the Plaintiff within 30 days of the date of this endorsement.

DATE: November 15, 2021