Procedural Delays and Remedies - The Case Conference Tool

In a recent case, Think Research Corporation v. N & M Medical Enterprises 2023 ONSC 6910, Justice Koehnen J. decided an Application on the merits via a Case Conference. He outlined the purpose and limitations of Case Conferences but determined that the Rules of Civil Procedure which granted the court with discretion (Rule 1.04) could permit the judge to make a ruling on the Application absent an evidentiary record at the preliminary stage - within a Case Conference typically reserved for guidance, directions or procedural orders.

This case also highlighted the delays in the civil justice system with motions not being available to litigants as at December 2023, until February and March 2025. The delay of 16-20 months to request relief on a preliminary or interim basis, necessitated the court to act efficiently and judiciously utilizing its discretion under the Rules to move the matter forward. As a tool litigants can avail of the Case Conference in simple matters that may not necessitate an evidentiary record, cross examinations or written or oral submissions. This is a move in the right direction. To read the case, please click here.