Court File and Parties

COURT FILE NO.: CV-22-249-0000 DATE: 2023-07-24

SUPERIOR COURT OF JUSTICE – ONTARIO 491 Steeles Avenue East, Milton ON L9T 1Y7

RE: Halton Region Conservation Authority, Applicant -and- Peter Thomas and Jean Thomas, Respondents

BEFORE: C. Chang J.

COUNSEL: E. Bordman and K. Jull, for the Applicant A. Bouchelev, for the Respondents

HEARD: July 24, 2023 (via videoconference)

Endorsement

[1] Further to yet another request for a yet another civil case conference in this matter, I directed counsel to attend before me today to speak to the most recent disagreement between them.

[2] Following discussion during today’s attendance, the parties agreed to the following orders:

a. the respondents shall produce the subject realtor’s complete file in this matter by no later than noon today; and

b. the cross-examinations scheduled for this week shall proceed as scheduled and, in the event that any documents from the said realtor’s file are used during those cross-examinations, they shall be marked as lettered exhibits pending determination of the privilege issues to be argued at the motion returnable August 3, 2023.

[3] However, the issue cannot – and does not – end with the above consent orders. Today’s is the second court attendance over which I have presided in response to a party’s request for a civil case conference and the reasons underlying those requests are becoming more and more problematic.

[4] As clearly stated by Ricchetti RSJ in Davies v. Cossnell, 2022 ONSC 654, at paras. 6-7,

A civil case conference is not and should not be used to seek the court’s intervention to ensure civility, reasonable or responsive conduct by opposing counsel. Such conduct is already required by the Rules of Professional Conduct.

Too often at the root of civil case conferences is unreasonable conduct by counsel, some who believe that delay and obstruction is acceptable litigation strategy. It is not.

[Emphasis added]

[5] Furthermore, as I advised counsel during today’s attendance, the availability of civil case conferences does not diminish – in any way whatsoever – counsel’s duties to each other, to the court and to the overall administration of justice. Ours is an adversarial system of civil justice; however, counsel still retain a very strict obligation to act reasonably and to function co-operatively and collaboratively within that adversarial system. This obligation, at least in its compliance, ensures that matters are heard efficiently and in a timely manner.

[6] The conduct demonstrated by counsel in this matter fails to meet the high standard properly expected of all counsel who appear in our court. Should this continue, appropriate sanctions should properly follow.

[7] In addition to the above orders, I order that no further motions or civil case conferences are to be brought or scheduled without leave obtain in writing from me. All future requests for motion or civil case conference scheduling shall be submitted to me in writing (no more than three pages in total) via email to Fiona.Kelly@ontario.ca.

C. Chang J. Date: July 24, 2023