Court File and Parties

COURT FILE NO.: CV-19-00619427

DATE: 20210201

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Arab Jordan Investment Bank Company

AND:

Osama Darwish Mustafa Al Khalili

BEFORE: Mr. Justice Chalmers

COUNSEL: L. Caylor and A. Payne, for the Plaintiff

I. Ellyn and K. Manning for the Defendant

HEARD: Via Videoconference

Endorsement

[1] The parties brought motions seeking summary judgment which I heard on August 27, 2020. By endorsement dated November 4, 2020, I dismissed the motions. I ordered the issue of whether the action is statute-barred to proceed to trial. I directed that the trial take place before me.

[2] The case conference was scheduled for today to deal with trial scheduling issues.

[3] The parties request that this matter be exempt from mandatory mediation. The action has been subject to an extensive summary judgment motion and counsel have made efforts to resolve the action without success. Both parties agree that in the circumstances, mediation would have no value. I am satisfied that that the parties have already engaged in attempts to resolve the action and that it would not be in the interests of reducing cost and delay to compel the parties to attend a mandatory mediation. Pursuant to R. 24.1.05, I order that this action is exempt from the requirement to conduct a mediation.

[4] The parties agree that the time involved in conducting the trial will be reduced because of the evidence which was developed for the summary judgment motions. It is expected that the trial will take 5 to 7 days. The parties are available to commence the trial on September 20, 2021. The trial co-ordinator has confirmed that this date is available, and I schedule the trial for September 20, 2021.

[5] It will be necessary for the parties to proceed to a Pre-trial conference. I direct the Plaintiff to file a trial record. Once the record is filed, the trial co-ordinator will contact the parties with respect to the date for the pre-trial. I will not be the pre-trial judge.

[6] The parties agree to co-operate with respect to a timetable for the remaining steps in the litigation. If the parties require any assistance with respect to the timetable, the parties may arrange a further case conference with me.

Date: February 1, 2021