Court File and Parties
COURT FILE NO.: CV-16-543766-00CP DATE: 20220712
ONTARIO SUPERIOR COURT OF JUSTICE
BETWEEN:
DONALD D'HAENE, KEITH SANFORD, MARY SALMON, MICHAEL VETTESE, NIDHI PRASHAR and JOSEE GAULIN Plaintiffs
- and -
BMW CANADA INC./BMW GROUP CANADA, BMW NORTH AMERICA, LLC, BMW MANUFACTURING CO. LLC, BMW AG, FORD MOTOR COMPANY OF CANADA LIMITED, GENERAL MOTORS COMPANY AND GENERAL MOTORS OF CANADA LIMITED, MITSUBISHI MOTOR SALES OF CANADA, INC., MERCEDES-BENZ CANADA INC., VW CREDIT CANADA, INC. and VOLKSWAGEN GROUP CANADA, INC. Defendants
Proceeding under the Class Proceedings Act 1992
Counsel:
- Harvey Strosberg, Q.C., Sabrina Lombardi, and Justin Smith for the Plaintiffs
- Ara Basmadjian and Matthew Fleming for the Defendant, Mercedes-Benz Canada Inc.
- Jeffrey Brown for the Defendant Mitsubishi Motor Sales of Canada, Inc.
- Michael Smith for the Defendants, General Motors Company and General Motors of Canada Limited
- Zohaib Maladwala for the Defendants, BMW Canada Inc./BMW Group Canada, BMW North America, LLC, BMW Manufacturing Co. LLC, and BMW AG
- Hugh M. DesBrisay for the Defendant, Ford Motor Company of Canada Limited
- Sonia Bjorkquist for the Defendants VW Credit Canada, Inc. and Volkswagen Group Canada, Inc.
FILE DIRECTION
[1] This is a case management conference.
[2] The defendants Mercedes-Benz Canada Inc., Mitsubishi Motor Sales of Canada, Inc. and General Motors Company and General Motors of Canada Limited are requesting a timetable for a motion to have this action dismissed for delay pursuant to s. 29.1 of the Class Proceedings Act, 1992.
[3] The other defendants take no position with respect to the motion to dismiss.
[4] The plaintiffs wish to file material to resist the motion and they wish to have written interrogatories or to summons witnesses. The plaintiffs seek disclosure as to why the co-defendants are taking no position and what discussions, if any, there were between the defendants with respect to the motion for dismissal for delay.
[5] I regard the request for interrogatories or examinations with respect to the motion as unnecessary and irrelevant. Further, the discussions amongst counsel are undoubtedly privileged.
[6] I am exercising my authority under s. 12 of the Class Proceedings Act, 1992 to direct that the motion for a dismissal for delay proceed as a motion in writing without cross-examinations in accordance with the following timetable.
Defendants’ materials [already delivered]
Plaintiffs’ materials By July 26, 2022
Defendants’ reply material, if any By August 2, 2022
Defendants’ Factum By August 15, 2022
Plaintiffs’ Responding Factum By September 15, 2022
Defendants’ Reply Factum By September 26, 2022
Hearing Date October 3, 2022
There shall be no cross-examinations on the parties’ affidavit materials.
The parties shall file their material in accordance with the Rules of Civil Procedure and on Ontariocourts.caselines.com.
In accordance with the Rules of Civil Procedure, I reserve the option of requiring an oral hearing.
PERELL, J.
Date: July 12, 2022