COURT FILE NO.: CV-23-0054-00 DATE: 2024-08-30
SUPERIOR COURT OF JUSTICE – ONTARIO
RE: Attorney General of Ontario v. 175 River Street, Thunder Bay, Ontario, or Proceeds of Sale Thereof (in rem)
HEARD: August 28, 2024
BEFORE: Justice T. Nieckarz
COUNSEL: Ms. Kephalas, for the Applicant Respondent unrepresented Ms. Al-Sewaidi for Legal Aid Ontario, interested party
Endorsement on Case Conference
[1] This matter was scheduled before me today for a Case Management Conference, by Zoom, to deal with two issues:
a. Mr. Jonasson’s non-compliance with paragraphs 12 and 13 of my order dated, June 8, 2023; and b. To establish a timeline for the forfeiture application to proceed.
[2] Ms. Kephalas appeared for the Applicant. Ms. Al-Sewaidi appears for the interested party (Legal Aid Ontario) and takes no position in this proceeding. Mr. Jonasson, the owner of the subject property, appeared by telephone on his own behalf.
[3] Mr. Jonasson intends to retain counsel, or at the very least seek legal advice with respect to this matter. He needs to do so immediately. This matter has been ongoing for quite some time, and he has not yet done so. Therefore, it is appropriate that timelines be set, which may be amended by agreement of counsel or further order of the court if counsel is retained. Otherwise, Mr. Jonasson is cautioned that he must comply with these timelines. These are court ordered requirements for this proceeding and there is an expectation that the order will be obeyed both with respect to the timelines and insurance requirements. A failure to do so could result in civil contempt proceedings or prejudice to him in the hearing of this application.
[4] It is ordered that:
a. Mr. Jonasson shall comply with the requirements of paragraphs 12 and 13 of the Order dated June 8, 2023, no later than September 30, 2024, and specifically:
“12 THIS COURT ORDERS that the Registered Owner shall provide to the Attorney General of Ontario through its counsel, copies of all insurance policies with respect to the Real Property…
13 THIS COURT ORDERS that the Registered Owner shall, subject to the terms of this Order, amend all insurance policies in effect on the Real Property to add the Attorney General of Ontario as a party to whom loss is payable and to provide proof to the director that all such insurance policies have been amended to show the Attorney General of Ontario as a loss payee…”
b. The following timetable shall be followed by the parties in proceeding with this Application, unless they otherwise agree in writing:
i. Responding Record to be delivered by November 15, 2024; ii. Applicant Reply Record, if any, to be delivered by December 13, 2024; iii. Cross-examinations to be completed by January 24, 2025; iv. Undertakings to be answered by February 21, 2025; v. Refusals motion, if any, to be heard by March 28, 2025; vi. Applicant Factum to be delivered by April 25, 2025; vii. Responding Factum to be delivered by May 23, 2025; viii. Applicant Reply Factum, if any, to be delivered by June 13, 2025; and ix. Full day contested forfeiture application to be heard on a date agreed upon by the parties and confirmed by the Trial Coordinator.
[5] In paragraph 5 of my Endorsement dated June 9, 2023, I provided resources for Mr. Jonasson to assist him in the event he remains self-represented. I strongly urge him to review them. Furthermore, if Mr. Jonasson remains self-represented and continues to struggle with electronic filing of court documents, uploading to Caselines and/or Zoom proceedings due to his lack of appropriate technology or otherwise, he may file his documents in person at the courthouse at 125 Brodie St. N., and all future proceedings may be scheduled as hybrid proceedings so that Mr. Jonasson may attend in person. [June 9th Endorsement attached]
“Original signed by” The Honourable Madam Justice T.J. Nieckarz
DATE: August 30, 2024