So, in the circle of life that is the Toronto motions culture, an Issues List developed at the suggestion of an experienced case management judge to avoid summary judgment motions and to secure an expedited trial of a dispute on its merits, now finds itself confined to the dustbin of "judicial nice tries", with the parties turning their backs on the proffered expedited trial date and hunkering down for summary judgment motions.
Windsor Raceway Inc. v. Ontario Lottery and Gaming Corp. | (westlaw Canada)
2014 CarswellOnt 9318 | (Westlaw Canada)
Ontario Superior Court of Justice [Commercial List]