CITATION: Earth Boring Co. v. Regional Municipality of Durham; 2023 ONSC 5107
COURT FILE NO.: CV-21-655142 and CV-21-655142-A1
RELEASED: 2023/08/10
SUPERIOR COURT OF JUSTICE - ONTARIO
Earth Boring Co. Limited v. The Regional Municipality of Durham and AECOM Canada Ltd. v. Golder Associates Ltd. (Third party) (CV-21-655142 and CV-21-655142-A1)
Counsel: Luigi Iantosca (plaintiff) liantosca@torkinmanes.com
Jeffrey W. Tighe (Durham Municipality) Jeffrey.Tighe@durham.ca
John Montgomery (AECOM) jwm@lawhitby.com
Chris Stribopoulos (Golder Associates) cstribopoulos@dolden.com
Event date: August 10, 2023 Before: Associate Justice Graham
Case Conference Endorsement
This matter was assigned to me by Associate Judges’ Team Leader AJ Brott on August 9, 2023. On reviewing the plaintiff’s Case Conference Request Form and the email dated August 8, 2023 from counsel for the third party, I see that the issue that led to the request for a Case Conference is whether the mandatory mediation should proceed in November or December, 2023. The mediator has provided 8 available dates between November 15 and 28, 2023; counsel for the third party has advised that he is not available on those November, 2023 dates but is available on December 11 and 19, 2023.
To quote the eminent jurist John McEnroe: “You can’t be serious.” December 11 is less than two weeks after November 28 and December 19 is three weeks later. Counsel should stop wasting their time and the court’s, and agree to the December 11, 2023 date. In the unfortunate event that they cannot or will not do this, I am available for a Case Conference on August 22, 2023 at 4:00 p.m., August 23, 2023 at 9:30 a.m., and August 25, 2023 at 9:30 a.m. or 11:00 a.m., at which time I will summarily set a date for the mediation and hear submissions on costs. Plaintiff’s counsel shall confirm a date for the Case Conference only after consulting with counsel for all of the other parties.
In the event that counsel are able to resolve the issue, or wish to confirm a date for a Case Conference, they shall inform ATC Teanna Charlebois: teanna.charlebois@ontario.ca .
August 10, 2023 ASSOCIATE JUSTICE GRAHAM