The COVID-19 pandemic has created many delays and uncertainties in so many ways. The courts have not been an exemption, and as I’ve shared previously this has delayed our court hearings with ClubLink on the 40 percent agreement.
I recognize this has caused uncertainty for our community, and has increased our frustration with these developers who are taking a community to court instead of honouring agreements and working with us.
Today, I can provide a brief update. The court has asked for there to be a case conference to determine the willingness of parties to have a virtual hearing. This is should provide an opportunity for all parties to agree on moving forward with a virtual hearing instead of having to wait an unknown amount of time until the courts are once again open.
Here is a copy of the correspondence that was received earlier today:
Further to Ms. Crain’s letter dated May 1, 2020, it is unclear to the Court as to why this matter cannot proceed by video conference or teleconference. All the original materials have been filed and can be in Justice Labrosse’s possession at the time of argument. Given the current limited operations of the Court, this appears to be a case with good potential for a virtual hearing. The trial coordinator will convene a 60-minute case conference with the Court whereby the merits of a virtual hearing will be canvassed with the parties. Each party will advise the trial coordinator within 48 hours of the dates and times that they are not available for a case conference during the next 14 days. There is no need for any case conference briefs to be filed but any party may do so if they wish provided that reasonable notice be given of their intention to file a case conference brief. Thank you.
I will continue to provide the community updates as more details become available, and appreciate that our determination to ensure this greenspace is protected remains stronger than ever
Update: The case conference will be on Friday at 2 p.m. More details to be shared as soon as possible
Update #2: Today the court has agreed to hear the 40 percent case virtually and has requested that three days be set aside ideally in June for this hearing. I know that transparency and being able to view these proceedings is of paramount importance to our community. The courts have committed to exploring technical solutions to allow us to view parts or all of the application virtually. I will keep our community updated as I have more information.