Toromont Industries Ltd. v. Northern Industrial Service Group Inc., 2025 ONSC 3772
COURT FILE NO.: CV-19-0202
DATE: 2025-06-24
COURT: Superior Court of Justice - Ontario
BEFORE: K.E. Cullin
COUNSEL:
- Neeta Sandhu, for the Plaintiff
- Michael Perello, self-represented Defendant and attending on behalf of the other named Defendants
HEARD: 2025-06-23
Endorsement
[1] This matter appeared before me for a Case Conference pursuant to Rule 50.13. This matter is currently in the midst of a trial, and issues have arisen regarding the admission of further evidence by the parties.
[2] Each of the parties is seeking to admit further evidence. If the evidence cannot be admitted on consent, each will be required to bring a motion.
[3] At the conference, the parties were unable to agree upon terms to admit the evidence on consent. It was agreed that the defendants will consider their position regarding terms to admit new documents which will avert their need to bring a motion; they will advise of their position by Wednesday of this week.
[4] A timetable was discussed for the exchange of motions and will be ordered on consent.
[5] There was a discussion about communications between individuals assisting the defendants and counsel for the plaintiff. Counsel for the plaintiff is concerned that she is being asked by the defendants to communicate with individuals who are not on record.
[6] I agree that it is not appropriate to place counsel for the plaintiff in a position of communicating with individuals who are not retained to speak on behalf of the defendants, particularly in the context of discussions where agreements may be reached which would be binding on the defendants. The defendants are free to seek any advice that they deem appropriate to assist them with the litigation, however, all communications should take place only between the defendants and counsel for the plaintiff unless the defendants’ representative is retained and formally on the record.
[7] On consent, I order as follows:
The defendants shall advise counsel for the plaintiff whether they will consent to the admission of the “new documents” through Pascal Lemieux, service technician with Toromont Timmins; they shall advise counsel of their position in writing not later than 5:00 p.m. on Wednesday, June 25, 2025.
The parties shall exchange materials for their respective motions to admit evidence as follows:
a. Each party shall serve and file their Motion Records not later than 5:00 p.m. on August 15, 2025.
b. Each party shall serve and file their Responding Motion Records to the motion of the other party not later than 5:00 p.m. on August 29, 2025.
c. Each party shall serve and file Facta and any Books of Authorities as follows:
i. Moving party Facta and Books of Authorities shall be served and filed not less than 14 days before the scheduled date of the motion.
ii. Responding party Facta and Books of Authorities shall be served and filed not less than 7 days before the scheduled date of the motion.
Neither party shall be entitled to cross-examine the other regarding any affidavit evidence filed on their respective motions without leave of either: (a) the judge hearing the motions; or (b) any associate judge or judge at a Case Conference scheduled pursuant to Rule 50.13.
All communications regarding this matter shall take place between counsel of record or, where a party is self-represented, between that party and counsel of record. This direction is not intended to conflict with any previous direction of the trial judge permitting Mr. Perello to speak on behalf of Northern Industrial Services Group Inc. or Mr. Martineau.
Should any issues arise for which the parties require direction, a further pretrial conference or case conference may be scheduled by contacting the trial co-ordinator.
This matter is otherwise referred to the trial co-ordinator to schedule a half-day for argument of the parties’ motions with the trial judge, having regard to the timetable above.
K.E. Cullin
Date: 2025-06-24