SUPERIOR COURT OF JUSTICE

(CENTRAL EAST REGION)

SUMMARY JUDGMENT MOTION

Case Information Sheet
Court File Number:

Title of Proceeding:

Counsel for moving part(y/ies):

Tel. No.: (###) ###-#### Email address:

Counsel for responding part(y/ies):

Tel. No.: (###) ###-#### Email address:

Describe the nature of the case:

A.Requested Hearing Date

  1. Requested hearing date: No. of days for hearing:
  2. Do the parties agree on the date and length of the hearing? Yes No

If No, please explain the disagreement:

B.State of The Record:

B.1Evidence to be filed by Moving Party:

  1. Number of affiants:
  2. Number of anticipated Rule 39.03 examinations:
  3. Names of anticipated Rule 39.03 witnesses:
  4. Number of anticipated expert witnesses:
  5. Details about anticipated expert witnesses:

Name of expert witness / Issue on which expert opinion sought
  1. Anticipated number of documents:

less than 50: 50 to100: greater than 100:

B.2Evidence to be filed by Responding Party:

  1. Number of affiants:
  2. Number of anticipated Rule 39.03 examinations:
  3. Names of anticipated Rule 39.03 witnesses:
  4. Number of anticipated expert witnesses:
  5. Details about anticipated expert witnesses:

Name of expert witness / Issue on which expert opinion sought
  1. Anticipated number of documents:

less than 50: 50 to100: greater than 100:

B.3Anticipated pre-hearing examinations

  1. No. of days by moving party: No. of days by respondent:
  2. Are the parties willing to use Rule 34.12(2) for refusals? If not, why not?
  3. Target completion date for all examinations:

B.4Do any examinations remain to be completed?

  1. By moving party? Yes No No. of witnesses to be examined
  2. By responding party? Yes No No. of witnesses to be examined
  3. When will all examinations be completed?
  4. Are any examination motions outstanding? Yes No
  5. What are they and when will they be heard?

C.Pre-trial

  1. Would this be an appropriate case to hold a formal pre-trial before proceeding further with the motion for summary judgment? Yes No

D.Hearing Matters:

D.1Issues/Facts in dispute

  1. What issues or material facts do the parties say are in dispute?
  2. Please identify the affiants/other witnesses whose evidence is relevant to an issue or material fact in dispute:

Issue/material fact in dispute / Moving Party Affiant / Responding Party Affiant
1.
2.
3.
4.
5.
6.

D.2Use of viva voce evidence at the hearing

  1. Have the parties discussed calling viva voce evidence on any issue or material fact which might be in dispute? Yes No
  2. If the affiants whose evidence relates to an issue or material fact that might be in dispute were called for examination at the hearing, how long do the parties estimate their evidence might take, with the affiant’s affidavit serving as most of his/her evidence in chief?

Identity of affiant / Anticipated length of examination-in-chief / Anticipate length of cross-examination
1.
2.
3.
4.
  1. In the event viva voce evidence was called at the hearing:

(a)Would an interpreter be required? Yes No If yes, which language?

(b)Do any of the witnesses live outside of Ontario? Yes No

  1. If viva voce evidence was called at the hearing, how many days would be required for the hearing?

D.3Issues of admissibility for the hearing

  1. Did the parties use Rule 34.12(2) for refusals? Yes No
  2. Do the parties anticipate any motions/arguments at the hearing about the admissibility of evidence? Yes No
  3. If yes, please describe the nature of the evidentiary dispute:

D.4Factums and Authorities

  1. Please set out the timetable agreed upon by the parties for the service and filing of factums and authorities:

D.5Record

  1. In order to organize the record for the hearing, have the parties:

(a)filed compendiums of key documents? Yes No

(b)consecutively numbered all filed materials? Yes No

(c)filed a consolidated record? Yes No

E.Endorsements

Date: YYYY-MM-DD Judge: ______

September 2014 / Page 1 of 4