Court File and Parties

KINGSTON COURT FILE NO.: 355/22 DATE: 2022-10-05 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Carlie Griet-Je Bron, Applicant AND Jacob Richard Thompson, Respondent

BEFORE: Madam Justice Deborah Swartz

COUNSEL: No Counsel for the Applicant Andrew Bala, Counsel for the Respondent

HEARD: October 5, 2022

Endorsement

[1] This matter was scheduled for an urgent Case Conference at the request of the Respondent.

[2] Despite this, the Respondent filed a 16 page brief that included improper attachments and was single spaced – both of which are in breach of the Practice Direction. This followed an attempt to file an incorrect Affidavit of Service which appeared to be for another set of documents. When staff advised of the need for a corrected affidavit, the filing was then beyond the filing timelines. Staff consulted the court and leave was given to accept the late filed, corrected Affidavit of Service.

[3] However, when the court began review of the brief filed for this urgent Case Conference, the failure to attend to the Practice Direction noted above was apparent and beyond a further indulgence of the court. This Case Conference cannot proceed today on the documents filed.

[4] Clear direction was provided today to counsel for the Respondent as to what is required.

[5] This court emphasized that just because counsel or opposing counsel may have previously filed voluminous materials, single spaced, fonts reduced, and with improper attachments - this does not mean that you can do so as a matter of practice or ought to do so at all.

[6] Simply put, it is bad practice.

[7] To then say ‘well I did it last month Your Honour’ is simply not an adequate explanation from an Officer of this Court.

[8] Briefs are not supposed to be long. The word brief means brief. As Justice MacLeod-Beliveau was fond of saying, ‘Less is more in pleadings’.

[9] Offers to Settle are not to be attached to Case Conference Briefs.

[10] The list of permitted attachments is clear.

[11] Generally speaking and to confirm by way of example, pages of texts and emails and offers and photos and character letters and screen shots are all examples of improper attachments.

[12] The Practice Directions are not suggestions. Without leave of the court the staff at the counter are expected by their employer to follow them. Counsel are as well. For the information of the parties and counsel in this case, and as conveyed today orally, the staff frequently bring problematic filings to the attention of the court and the court will permit such filings in the exercise of discretion in appropriate cases and does so often as called for by the individual case.

[13] In situations where filings are chronically problematic, it becomes impossible to bring each and every one to the attention of the court. In such circumstances the situation may arise that strict compliance is the only option for counsel and parties. The relentless need to grant leave and indulgences regarding incorrect and improper filings is not workable nor reasonable.

[14] In particular when counsel are on record, as an Officer of the Court, the expectation of the court is that the Rules and Practice Directions will be followed. Leave and indulgences may be granted when needed, on occasion and not as a matter of course. Mistakes and occasional oversights occur and will be considered by this court as needed and in light of the facts of the case and the nature of the breach.

[15] A chronic pattern of inattention to Rules and Practice Directions will not be ignored by the court and allowed to form a new methodology of court process.

[16] This Case Conference is adjourned to October 12, 2022 @ 3:15 pm. The court has added this matter to an already full schedule in order to address the unfortunate delay caused by the filing problems. An updated brief from the Applicant may be served and filed by 4:00 pm tomorrow October 6, 2022. An updated, corrected brief shall be served and filed by the Respondent by Friday October 7, 2022 @ 4:00 pm. Confirmations are required from both parties on the same timelines.

Date: October 5, 2022 Madam Justice Deborah Swartz