Crichton et al and Webster 2023 ONSC 1655
Court File Nos.: CV-22-0096-00 (Kenora) CV-23-0058-00 (Thunder Bay) Date: March 10, 2023
Ontario
Superior Court of Justice
Between:
Rainbow Alliance Dryden and Caitlin Hartlen Plaintiffs Douglas Judson and Peter Howie, for the Plaintiffs
- and -
Brian Webster Defendant Self-Represented
And Between:
Felicia Crichton and John-Marcel Forget Plaintiffs
- and – Brian Webster Defendant Douglas Judson and Peter Howie, for the Plaintiffs Self-Represented
Heard: March 7, 2023, at Kenora and Thunder Bay, Ontario
Madam Justice T. J. Nieckarz
Endorsement – Case Management Conference
[1] The Plaintiffs in these actions requested this Case Management Conference (held by Zoom). Mr. Judson and Mr. Howie appearing for the Plaintiffs. Mr. Webster is self-represented in both proceedings.
[2] At issue is a timeline to proceed with the anti-slapp motion served by the Defendant (Mr. Webster) in the Rainbow Alliance matter. The motion was served while Mr. Webster was represented by counsel. Timelines were agreed upon by Mr. Webster’s former counsel and Mr. Judson for the delivery of materials, cross-examinations and factums in relation to the motion. The motion is scheduled to be heard on June 12th.
[3] Mr. Judson also seeks to have any anti-slapp motion Mr. Webster seeks to bring in the Crichton/Forget action heard together with the Rainbow Alliance anti-slapp motion. Mr. Webster opposes this request. He wants to be able to bring this motion when he deems it appropriate. Both motions are to be heard together, if Mr. Webster intends to bring an anti-slapp motion in the Crichton/Forget action. There is no prejudice to Mr. Webster in requiring this. It makes sense. Both motions will deal with the same issue, virtually the same utterances, the same Defendant and the same counsel for the Plaintiff. There is a full day of court time set aside. It makes sense from the perspective of costs to the litigants, use of court resources, and to avoid inconsistent results that the matters be heard together. It also makes sense that they be heard on the basis of a common record, with one motion record being filed for both proceedings (although Mr. Webster will need to serve and file a separation notice of motion for the Crichton/Forget action), one set of factums and authorities. A timeline that I have reviewed with the parties is set out below.
[4] There are some issues raised by Mr. Webster for this case management conference. Firstly, he takes the position that an out-of-town judge must be brought in to deal with this matter. He cites as precedent for this the Labine/Webster action in which RSJ Warkentin ordered an out-of-town judge to hear the matters. I expressed my belief that the reason this would have been done is that Mr. Labine is a local lawyer who appears before this court regularly, such that an out-of-town judge was necessary to avoid any appearance of bias for or against Mr. Labine. Mr. Judson confirmed that this was his recollection. Mr. Webster believes that the reason an out-of-town judge was required in that matter was also due to his status as a media person. I have canvassed this issue with RSJ Warkentin. She has confirmed that the sole reason was Mr. Labine’s status as a lawyer who appeared before this court. There is no reason to appoint an out-of-town judge for the Rainbow Alliance or Crichton/Forget matters. A local judge will be presiding. Local judges of this court often hear matters involving prominent or known members of the community. Mr. Webster’s status as media is not sufficient to warrant an out-of-town judge for these matters.
[5] Mr. Webster has also raised concern with respect to my prior costs order made on the motion by the Plaintiffs for substituted service. He expressed an intention to bring a motion under Rule 59. He argues that Mr. Judson did not advise the court of all relevant facts before that order was made.
[6] It is ordered that:
Rule 59 motion in the Crichton/Forget Action:
- Mr. Webster shall bring his Rule 59.06 motion returnable before me in motions court on March 30th, 2023, at 10:00 a.m. (ET, 9:00 a.m. CT).
- Mr. Webster shall serve and file his motion record and any other materials he is relying on in support of his motion no later than March 17th, 2023, at 4:00 p.m. (ET).
- The Plaintiffs shall serve and file their responding materials, if any, no later than March 24th, 2023, at 4:00 p.m. (ET).
- Mr. Webster shall serve any reply to the responding materials no later than March 27th, 2023, at 4:00 p.m. (ET).
- The parties shall file their Confirmations of the motion in accordance with the Rules of Civil Procedure, and all materials shall be uploaded to the motions court CaseLines link provided by Court Services.
- If Mr. Webster is unable to upload his materials to CaseLines, he shall notify Mr. Judson by email, no later than March 27th, 2023. Mr. Judson has offered to do so on his behalf if he is experiencing difficulty.
Anti-Slapp Motions:
- If Mr. Webster is bringing an anti-slapp motion in the Crichton/Forget matter, he shall serve and file his Notice of Motion no later than March 31st, 2023, at 4:00 p.m. and shall comply with the timelines set out in this order for delivery of all other materials required for the motions.
- If Mr. Webster does not bring his anti-slapp motion in the Crichton/Forget matter by March 31st, 2023, he shall not be permitted to advance an anti-slapp argument in this action thereafter, and must file his Statement of Defence by March 31st, 2023.
- The following timeline shall apply and shall be followed by the parties without exception, unless they all agree otherwise in writing: a. Mr. Webster’s moving party record shall be delivered (meaning served on the Plaintiffs and filed with the court) by March 31st, 2023; b. The Plaintiffs’ responding parties’ motion record shall be delivered by April 21st, 2023; c. Any reply by Mr. Webster shall be delivered no later than April 28th, 2023; d. Cross-examinations on affidavits shall take place by Zoom, to be completed by May 5th, 2023; e. Mr. Webster’s moving party factum and compendium shall be delivered by May 24th, 2023; f. The Responding parties’ factum and compendium shall be delivered by May 31st, 2023; g. Any reply factum and compendium of the moving party shall be delivered by June 5th, 2023; h. The motion shall be confirmed no later than June 6th, 2023, at 2:00 p.m. (ET); i. All materials shall be uploaded to CaseLines no later than June 7th, 2023 and Court Services Division is directed to set up the “Anti-SLAPP” bundle under the Rainbow Alliance Dryden file as soon as possible. The materials shall be uploaded to this file and bundle and do not need to be uploaded to the Crichton/Forget CaseLines file also; j. If Mr. Webster brings an anti-slapp motion in the Crichton/Forget matter, the hearing of the anti-slapp motions shall proceed on the basis of a common record with the title of proceedings for each action listed together on each document filed.
- Service of any documents on Mr. Webster in these proceedings may be carried out by email at superiorweldinginspection@hotmail.com.
- Costs of today’s appearance shall be reserved for determination once the anti-slapp motions have been heard and decided.
“Original signed by” The Honourable Madam Justice T.J. Nieckarz
Date: March 10, 2023
Crichton et al and Webster 2023 ONSC 1655
Court File Nos.: CV-22-0096-00 (Kenora) CV-23-0058-00 (Thunder Bay) Date: March 10, 2023
Ontario Superior Court of Justice
Between: Rainbow Alliance Dryden and Caitlin Hartlen Plaintiffs
- and – Brian Webster Defendant
And Between: Felicia Crichton and John-Marcel Forget Plaintiffs -and- Brian Webster Defendant
Endorsement – Case Management Conference Nieckarz J.
Date: March 10, 2023