Court File and Parties

COURT FILE NO.: CV-20-652919

DATE: 20211028

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: ROGERS COMMUNICATIONS CANADA INC. Applicant

AND:

ACTIVE SECURITY AND CABLE INC. and NARESH MOHABIR Respondents

BEFORE: Mr. Justice Chalmers

COUNSEL: M. Byers and J. Shneer for the Applicant T. Nguyen, for the Respondents

HEARD: October 28, 2021, by teleconference

ENDORSEMENT

[1] The Application was scheduled to be heard by Ramsay, J. on July 15, 2021. The Application hearing was adjourned. The matter was spoken to in CPC on October 26, 2021. By order of Myers, J., the Application was rescheduled for June 23, 2022. In his endorsement, Myers, J. stated that if I deem it appropriate, the parties may request that I seek an earlier date for the Application hearing from the Motions Co-Ordinator.

[2] The Applicant brought a motion for production of documents. The motion is scheduled for November 18, 2021. On the case conference today, I was advised that counsel for the Respondent is not available on November 18, 2021. He also stated that he is waiting for the position of the Third Parties with respect to the production issue and whether they will pay monies they received from the Respondents into court for the benefit of this Application.

[3] Counsel for the Applicant advised that the Applicant is not seeking any relief from the Third Parties and their involvement in the motion is not required. I am satisfied that the position of the Third Parties and the availability of the Third Parties to attend the motion is not necessary.

[4] I adjourn the motion scheduled for Thursday, November 18, 2021 to Friday, November 19, 2021 at 2 pm. The motion will be by videoconference or in-person, depending upon the availability of court staff. On the motion, the parties will be expected to address the scheduling of the Application and whether an earlier date for the hearing of the Application is required.

[5] Counsel for the Respondent stated that he may file a supplementary motion record with respect to the position of the Third Parties. If so, he will deliver the supplementary record as soon as he receives the position of the Third Parties. The Respondents’ factum shall be delivered by 5 pm on Tuesday, November 9, 2021.

[6] I remain seized.

DATE: October 28, 2021