We write further to our last update on this matter from July 3, 2019.
In our update from July 3, 2019, we explained that we had been conducting examinations for discovery and had appeared before Justice Belobaba to schedule a summary judgment motion for April 28-30, 2020. In the intervening months, we discovered that Canada Cartage had not produced all the necessary documents to proceed with the motion. We brought what was called a “refusals motion” to compel Canada Cartage to answer further questions and to produce more documents related to the proceeding. We won that motion. The refusals motion also resulted in a further examination for discovery in December 2019.
Due to these further court proceedings, the summary judgment hearing will not be proceeding in late April 2020. However, we have been working closely with our experts, who have substantially completed their expert reports. We have provided copies of our expert reports to Canada Cartage to advance this matter as quickly as possible.
We thank you for your continued interest in the case and your patience as we move this matter forward. We remain fully committed to this lawsuit and to working our hardest to advance the interest of the class members.
We write further to our last update on this matter from May 28, 2018.
In that update, we explained that we were still in the “discovery” stage of the case, where both sides disclose and exchange all documents that are relevant to issues that have been “certified” by the court as common issues. For a description of the certified common issues, click here to see our earlier post on this topic.
We have conducted a thorough review of the documents Canada Cartage produced and have completed “examinations for discovery”. An examination for discovery involves representatives of Canada Cartage giving oral testimony under oath before trial. We examined Jeff Lindsay, CEO and President of Canada Cartage, and Clive Burrell, Payroll Manager at Canada Cartage. The representative plaintiff for the class, Marc-Oliver Baroch was also examined by Canada Cartage’s counsel. We completed the examinations for discovery on May 10, 2019.
On June 11, 2019, we attended a case management conference before Justice Belobaba. We requested scheduling a summary judgment motion in late 2019 or early 2020.
After discussions with counsel for Canada Cartage and obtaining available dates from the court, we have agreed to schedule the summary judgment motion for three days: April 28-30, 2020. A summary judgment motion provides an opportunity for a judge to hear the matter and to enter judgment (if the judge sees fit) without a full trial. We are working with Canada Cartage’s counsel to finalize the other steps in the proceeding leading up to the summary judgment hearing.
On a different note, the team of lawyers at Lax O’Sullivan Lisus Gottlieb LLP who have carriage of this file has change. Rahool Agarwal, Michael Currie, and Vivien Milat are now working on the lawsuit. Please reach out to any of them if you have questions about the class action. Their contact information can be found on the “Contact Us” tab.
We thank you for your continued interest in the case and your patience as we move this matter to a summary judgment hearing. We remain fully committed to this lawsuit and to working our hardest to advance the interest of the class members.