Order to go as follows on the procedure to follow to determine the common issue: (1) A trial of the common issue to be held following modified procedures; (2) The parties to exchange expert reports within time limits to be agreed or to be determined at a case conference; (3) The parties to prepare an agreed statement of facts and file a joint book of documents within time limits to be agreed or to be determined at a case conference; (4) If the parties are unable to agree upon all of the material facts, each party shall file an affidavit setting out their version of the contested facts within time limits to be agreed or to be determined at a case conference; (5) Parties may conduct discovery and cross‑examine on the affidavits and documents in a manner and within time limits to be agreed failing or to be determined at a case conference; (6) An expeditious trial date to be set with the parties at a case conference. The anticipated witnesses would be the expert witnesses. If there is material evidence that is contested by the parties, then the additional witnesses will to be determined at a subsequent case conference and the required trial time set aside. (7) A further case conference should be arranged in any event to set time limits and give any additional directions required as soon as possible. Mr. Justice Robert J. Smith Released: March 20, 2013 CITATION: Plaunt v. Renfrew Power Generation Inc., 2013 ONSC 1687 COURT FILE NO.: 08-CV-42639 CP DATE: 2013/03/20 ONTARIO SUPERIOR COURT OF JUSTICE PROCEEDING UNDER THE CLASS PROCEEDINGS ACT, 1992 BETWEEN: GRAHAME PLAUNT, PETER PLAUNT and ALAN PLAUNT Plaintiffs – and – RENFREW POWER GENERATION INC. Defendant REASONS FOR DECISION ON PROCEDURE TO DETERMINE first COMMON ISSUE Smith J. Released: March 20, 2013
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