We write further to our last update on this matter from April 14, 2020.
We have re-scheduled the summary judgment hearing to take place now on March 30, March 31, and April 1, 2021.
On July 29, 2020, we served our motion record (i.e. the affidavit and expert evidence on which the Class will rely at the hearing) on Canada Cartage. We are working on a supplementary record based on a new position that Canada Cartage has taken. We are scheduled to serve our supplementary record on November 6, 2020. Canada Cartage will then respond to the Class’ position by December 16, 2020.
We thank you for your continued interest in the case and your patience as we move this matter forward to a hearing in March 2021.
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.