Hlady v. His Majesty the King (MNR), 2024 ONSC 753

COURT FILE NO.: CV-14-0374-00 DATE: 2024-02-05

SUPERIOR COURT OF JUSTICE – ONTARIO

RE: Gregory Paul Hlady

v.

His Majesty the King in Right of Ontario and Ministry of Natural Resources, Employees, Bob David Glen Niznowski, Jim Fry, Allan Willcocks, Shawn Burke, John Doe and Jane Doe

HEARD: January 30, 2024

BEFORE: Fitzpatrick J.

COUNSEL: G. Hlady in person K. Leung and B. Haynes for His Majesty the King, for the Respondent

Endorsement

1The last time this matter was before the Court was September 5, 2018. Newton J. was the presiding judge. Among other things Newton J. directed that any further motions be brought before Fitzpatrick J. following a case conference. Thus, the reason for today’s conference.

2At the commencement of the conference Mr. Hlady indicated he wished to read out a submission. He told me it would take approximately 17 minutes to read. I invited him to hand it to me so I could read it myself. It is attached to this endorsement as Schedule A.

3Mr. Hlady’s submission sets out his version of events to date. It was somewhat helpful for the purposes of this conference.

4Mr. Hlady has now served and filed a four volume motion record. His notice of motion seeks various relief. I reviewed the notice of motion. Several heads of relief are unavailable on motion. The court does not have jurisdiction to order the parties to enter into settlement discussions for example. Also Mr. Hlady cannot obtain default judgment as his attempt to previously note the defendants in default was set aside.

5If he wishes to amend his current notice of motion to seek summary judgment he may serve and file further and better materials on or before March 29, 2024.

6The defendants claim they have served on Mr. Hlady an affidavit of documents that complies with the Rules. He claims they have not. Mr. Hlady is to provide the defendants with an affidavit, restricted to his concerns about how the affidavit of documents that was provided to him does not comply with the Rules. He is to serve this affidavit on or before March 29, 2024.

7Further and in any event, Mr. Hlady is to serve his affidavit of documents on the defendants on or before April 26, 2024.

8Mr. Hlady served a 71-page discovery plan on the defendants in early 2021. Since that time the parties have not been able to agree on a discovery plan. The defendants are to serve their discovery plan on Mr. Hlady on or before February 29, 2024.

9The parties are to reach out to the trial coordinator to arrange a further case conference on this matter to occur sometime between May 6, 2024, and June 28, 2024. The representatives of the defendants may attend this next conference by ZOOM. Mr. Hlady will attend in person. The purpose of that conference will be to determine next steps in this litigation including;

• scheduling a date for any motion for summary judgment or other motion for relief in respect of the affidavits of documents that have been served by the parties;
• fixing a discovery plan for this matter.

10Mr. Hlady raised the issue that somehow the action on the part of his late wife’s estate had been discontinued or struck out sometime ago. I was unable to ascertain why or how that happened in the time allotted for this conference. As a result, for the purposes of this endorsement, I have it styled listing only Mr. Hlady as the plaintiff.