Court File and Parties

COURT FILE NO.: CV-20-00653034-0000

DATE: 20211115

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: KEVIN BORDEN Plaintiff

AND:

COSTCO WHOLESALE CANADA LTD. Defendant

BEFORE: Chalmers, J.

COUNSEL: D. Rawlinson and A. Monkhouse, for the Plaintiff

C. Hunter, for the Defendants

HEARD: November 15, 2021, by teleconference

ENDORSEMENT

[1] This is a wrongful dismissal action.

[2] Counsel for the Plaintiff requests this case conference to schedule dates for discovery and mediation. The Plaintiff delivered his sworn Affidavit of Documents. The mediation was scheduled for August 12, 2021. Just before the mediation was to take place, counsel for the Defendant advised that they will not be proceeding with the mediation until after the discoveries. Attempts by the Plaintiff to schedule Examinations for Discovery on consent were unsuccessful.

[3] Counsel for the Defendant concedes that he has been unable to deliver the Defendant’s Affidavit of Documents. He candidly advises that there has been turnover at the Defendant’s HR department which has resulted in some delay. He consents to a litigation timetable to schedule the discoveries and mediation.

[4] I establish the following litigation timetable:

Examinations for Discovery shall be completed by January 14, 2022;

Mediation to be completed by February 4, 2022.

[5] If, following the mediation, either party wishes to proceed with a summary judgment motion or summary trial, the parties are to attend Civil Practice Court to schedule the motion/trial.

DATE: November 15, 2021