Court File and Parties

COURT FILE NO.: CV-16-548054

DATE: 20210823

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: DEB KRIZMANICH Plaintiff

AND: KEITH VINCENT Defendant

BEFORE: Mr. Justice Chalmers

COUNSEL: G. Keeble and N. Groot for the Plaintiff

K. Vincent self-represented

HEARD: August 23, 2021 by teleconference

Endorsement

[1] This is a fraud recovery case. The matter was spoken to at Civil Practice Court on June 9, 2021. Dow, J. scheduled the Plaintiff’s summary judgment motion for September 13, 2021 for 2 hours. He convened a case conference to establish the timetable for the motion.

[2] The case conference took place on June 14, 2021. Although Plaintiff’s counsel advised Mr. Vincent of the case conference date and provided the teleconference numbers, Mr. Vincent failed to attend the case conference. The case conference proceeded in his absence. At that time, I established the following timetable for the summary judgment motion:

a. Supplementary Motion record to be delivered by June 30, 2021;

b. Responding Record to be delivered by July 23, 2021;

c. Reply record, if any, to be delivered by July 30, 2021;

d. Cross examinations completed by August 6, 2021;

e. Moving party’s factum to be delivered by September 3, 2021;

f. Responding Factum to be delivered by September 8, 2021;

g. Hearing September 13, 2021 for 2 hours.

[3] Mr. Vincent failed to deliver his responding record by July 23, 2021. The Plaintiff’s lawyer has provided dates for the cross examinations however, Mr. Vincent has not agreed to a date. Counsel for the Plaintiff requested a further case conference to deal with Mr. Vincent’s breach of the timetable.

[4] Mr. Vincent states that he has been diagnosed with pancreatic cancer. He produced a note from Dr. Welch dated August 17, 2021. Dr Welch confirms the diagnosis of pancreatic cancer and states that Mr. Vincent is currently undergoing chemotherapy. Mr. Vincent states that he is unable to attend cross examinations until after the course of chemotherapy is completed on September 6, 2021.

[5] The Plaintiff argues that there is urgency to the summary judgment motion. Mr. Vincent plead guilty to fraud in the criminal court. His sentencing is scheduled for September 21, 2021. The Plaintiff is concerned that if Mr Vincent is incarcerated it will be increasingly difficult to proceed with the motion for summary judgment.

[6] The parties advise that the cross examination of the Plaintiff and Mr. Vincent can be completed in one day. All parties are available on September 7, 2021. This is the day after Mr. Vincent completes the current course of chemotherapy. He states that he will be able to complete the cross examinations on that date. He asks that the cross examinations take place after 1 pm. Counsel for the Plaintiff agrees to start at 1 pm.

[7] Both parties are available to conduct the summary judgment motion on September 20, 2021. I adjourn the motion to September 20, 2021. The date is peremptory on the Defendant. I vacate the motion date of September 13, 2021.

[8] I establish the following timetable on consent:

a. The Defendant shall deliver any affidavits upon which he intends to rely by September 6, 2021;

b. The cross examinations of the parties shall be conducted on September 7, 2021 commencing at 1 p.m.;

c. The Plaintiff’s factum shall be delivered by September 13, 2021;

d. The Defendant’s factum shall be delivered by September 16, 2021;

e. The hearing shall take place on September 20, 2021 for 2 hours.

[9] I remain seized with respect to any issues that may arise with respect to the timetable.

DATE: AUGUST 23, 2021