Court File and Parties

COURT FILE NO.: CV-15-540887

DATE: 20220520

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Abdullah Horani, by his Litigation Guardian Rania Alsaman, and Rania Alsaman personally, Plaintiffs

AND:

Manulife Financial Corporation, Defendant

BEFORE: W.D. Black J.

COUNSEL: David MacDonald, for the Plaintiffs

David A. Zuber and Neil Searles, for the Defendant

HEARD: May 19 and 20, 2022

Endorsement

[1] This case was scheduled for trial before a jury originally on May 16, 2022, but pushed back to May 24, 2022. As the assigned trial judge, I conducted trial management conferences on May 19 and May 20, 2022.

[2] The reason for the back-to-back conferences was a concern, given that the trial would have to be concluded by June 30, 2022, that the evidence, mid-trial issues, argument, charge and deliberation might not permit the completion of the trial within the available time.

[3] On May 19, 2022, we discussed those issues in detail. Counsel made a diligent effort and as a result of the discussion, it appeared that the trial could be pared down to 25 days from the estimate of 32.5 days that counsel had most recently made. We adjourned overnight to allow counsel to further discuss the prospects and also to discuss the details of motions likely to be heard at trial, (the materials for which were also delivered later on May 19 so that they could be taken into account during the further discussion on May 20).

[4] It was clear on May 20, that the parties and counsel had been making a cooperative good faith effort to attempt to identify reasonable additional savings of time to allow the trial to proceed without an undue risk of mistrial.

[5] Unfortunately, despite these efforts, having regard to commitments that certain necessary participants have during the month of June, and the ever-present risk of losing a day or two of trial due to unforeseen items, counsel agreed, and I too was persuaded, that starting the trial on May 24 would create a very high risk of mistrial.

[6] In the circumstances I agreed to adjourn the trial date. The parties have also had discussions about a window in early 2023, during which they would be available, and so I advised them that I will look into the prospects for the trial to proceed at that time.

W.D Black J.

Date: May 20, 2022