Court File and Parties
COURT FILE NO.: CV-15-526209
DATE: 20220121
SUPERIOR COURT OF JUSTICE - ONTARIO
RE: Ontario Power Generation Inc., Plaintiff
AND:
Doosan Power Systems Ltd., Defendant
BEFORE: D.A. Wilson J.
COUNSEL: Seumas Woods and Kiran Patel, for the Plaintiff
Richard Yehia and Bevan Brooksbank, for the Defendant
HEARD: January 20, 2022 (via Teleconference)
ENDORSEMENT
[1] This matter appeared in trial scheduling court on December 8, 2021 and counsel requested 40 days of trial. After some discussion, I was advised that the expert reports had not yet been served, so I convened today’s case conference.
[2] This is a construction dispute which was commenced in 2015. Counsel advised me that there have been 3 rounds of examinations for discovery and 2 attempts at mediation. The parties had the benefit of case management with Associate Judge Short. Recently the Defendant amended its statement of defence. Counsel advised that there is a motion booked for April 2022 as the Defendant seeks further productions and written interrogatories. The Plaintiff has a cross motion arising from the amendments to the pleadings and it wishes further discovery and productions. After that, it is the intention of counsel to move forward to obtain multiple expert opinions.
[3] An action that has ongoing interlocutory matters is not ready for trial. This case has been going on for 7 years, multiple days of discovery and 2 days of mediation. Counsel concur that the trial will require evidence from multiple experts; yet no expert report has been delivered. The Court relies on counsel’s estimate of trial time when a trial date is fixed. Given the current status of this action, it is difficult to comprehend how counsel arrived at the 40 days of trial that they seek.
[4] I am not prepared to fix a trial date on this action. When the interlocutory matters have been completed and the expert reports obtained, counsel may contact the trial coordinator to obtain a date in trial scheduling court. Counsel indicated a wish to have a judge assist with the management of the case; counsel can contact me at the appropriate time, and I will facilitate this request.
Date: January 21, 2022