Court File and Parties

COURT FILE NO.: CV-20-006735103 DATE: 20210805

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: WATTO AND: BOGHOSIAN + ALLEN LLP

BEFORE: Mr. Justice Chalmers

COUNSEL: M. Watto, self-represented S. Taylor, for the Defendant

HEARD: August 5, 2021, by videoconference

ENDORSEMENT

[1] This solicitor’s negligence action is brought by Mr. Watto. The Defendant brought a separate Application against Mr. Watto to enforce a fee arrangement; CV-20-00634749. Mr. Watto brought an Assessment of the Defendant’s fee. The Application was stayed pending the Assessment. The Assessment Office scheduled a hearing for August 24, 2021.

[2] At the case conference on April 7, 2021, I established the following timetable for the solicitor’s negligence action:

• Affidavits of documents to be exchanged by June 30, 2021;
• Examinations for discovery to be completed by August 1, 2021;
• Undertakings answered by September 30, 2021;
• Motions with respect to undertakings and refusals by November 30, 2021;
• Mandatory mediation to be completed by January 31, 2022;
• Action to be set down for trial by February 28, 2022;
• Plaintiff’s expert reports delivered by April 30, 2022;
• Defendant’s expert reports delivered by May 30, 2022.

[3] The Plaintiff, Mr. Watto requested a further case conference which took place today. He advised that he has not complied with the requirement that he provide an Affidavit of Documents by June 30, 2021. Although he prepared a list of the documents currently in his possession, he is seeking additional documents from the Defendant and the Court. He acknowledged that he received the Defendant’s Affidavit of Documents on June 30, 2021. I am not satisfied that waiting for additional documents is a valid reason for failing to comply with the timetable. Mr. Watto is required to list documents that are in his possession, power or control. If he does not have possession of documents, he is not required to list the documents in his Affidavit of Documents. Mr. Watto made similar arguments at the case conference on April 7, 2021. As noted in my timetable, if he obtains additional documents at a later date, he may provide an updated Affidavit of Documents.

[4] Mr. Watto states that the Defendant failed to produce the complete file. This is denied by counsel for the Defendant. She notes that the complete file was provided to Mr. Watto at the time the retainer ended. A second copy was provided with their Affidavit of Documents. I advised Mr. Watto that if he is taking the position that documents have not been produced, he could bring a motion for a further and better Affidavit of Documents. This motion should be brought in Masters’ Court.

[5] The Defendant advised that Mr. Watto failed to attend the Examinations for Discovery on July 7, 2021. The date was unilaterally chosen by the Defendant due to Mr. Watto’s failure to co operate in scheduling the date for the discovery. Counsel for the Defendant advised that she intends to bring a motion for Mr. Watto to provide the sworn Affidavit of Documents and to compel his attendance at the Examination for Discovery. This is also a Master’s motion.

[6] I direct the parties to bring their respective motions in Masters’ Court. The parties are to obtain the first available date from the court which is convenient to the parties. Once the date for the motion is known, the parties are expected to confer on a new timetable. If the parties are unable to agree on a timetable, the parties may request a further case conference with me, and I will establish a new timetable.

[7] Mr. Watto is in breach of the timetable established on April 7, 2021. He failed to provide the Affidavit of Documents by June 30, 2021 and failed to attend his discovery on July 7, 2021. I award costs of today’s case conference to the Defendant fixed in the amount of $200. The costs are payable by Mr. Watto, within 30 days of today’s date.

[8] I remain seized with respect to the timetable.

DATE: August 5, 2021