Court File and Parties

COURT FILE NO.: CV-19-3851 (Brampton)

DATE: 20220826

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

Joginder Bajwa

Plaintiff

-and-

Raman Singh, Rajinder Singh and Kulminder Kahlon

Defendants

J.S. Mangat, for the plaintiff (did not appear)

J.S. Chahal, for the defendants

Heard: August 25, 2022 by video conference

Justice R. Chown

Endorsement

[1] Mr. Mangat did not attend today. Mr. Chahal advises that he received an email last evening just before 6:00 p.m. from Mr. Mangat’s assistant asking him to adjourn the matter because the assessment report is not ready.

[2] Mr. Mangat shall, by September 9, 2022, provide me with a letter (to be copied to Mr. Chahal) explaining why he did not attend today’s hearing. The fact that the report is not ready is not an appropriate reason for not attending.

[3] The next hearing shall proceed on Friday, October 14, 2022 at 9:00 a.m. by videoconference.

[4] Mr. Chahal advises that the assessment has not occurred yet. The family doctor’s records are available. The hospital records are not. The assessor has set aside August 31, 2022 to do the assessment. Mr. Mangat has not yet confirmed that Mrs. Bajwa can attend.

[5] My last endorsement indicates that the 2016 hospital records may be relevant to the assessor. I ordered that the records be produced for the assessor, “as long as they can be obtained without delaying the next hearing date.” I also ordered that they were “to be obtained by Mr. Mangat, who shall forthwith provide copies to Mr. Chahal and to the assessor.”

[6] Mr. Chahal advises that the hospital records were not obtained by Mr. Mangat, but instead Mr. Mangat provided an authorization from Mrs. Bajwa to allow Mr. Chahal to obtain them. This was not provided to Mr. Chahal until late July. Mr. Chahal has requested the hospital records from the hospital.

[7] In the letter that Mr. Chahal writes to me, he shall also explain why he did not obtain the hospital records, and why it was not until late July that he provided Mr. Chahal with the required authorization.

[8] I ask Ms. Shah to make every effort to complete the report by September 30, 2022, whether the hospital records are available or not. If in her view the hospital records are critical, counsel may write me, and I will consider issuing a summons for the records.

[9] I ask that Ms. Shah provide her report to Mr. Mangat as soon as it is complete, and at the same time to please send a copy to me. This may be sent as a password protected pdf to linda.j.thompson@ontario.ca,with the password sent in a separate email. Alternatively, it may be sent by courier or regular mail to my attention at: Superior Court of Justice, 611 9TH AVE E, OWEN SOUND ON N4K 6Z4. I ask Ms. Shah to notify Mr. Chahal that the report has been sent to Mr. Mangat, but not to send Mr. Chahal a copy.

[10] Mr. Mangat shall provide a copy of Ms. Shah’s report to Mr. Chahal within seven days of receiving it. In the copy provided to Mr. Chahal, Mr. Mangat may redact any information that he submits is privileged.

[11] If there are issues regarding the redactions, counsel may make submissions at the October 14, 2022 hearing.

[12] At the October 14, 2022 hearing, counsel should also be prepared to make submissions on what further steps, if any, I should take before deciding the issues from the trial.

[13] If there are any issues that need to be addressed before the next hearing, counsel may write me, and I will arrange a videoconference hearing if necessary.

Chown J.

Released: 2022-Aug-26