Date: 2006-04-21. Docket: 05-5366. Macaulay J. | Link

Plaintiff applied for summary judgment and defendants counter claimed for a variety of remedies. After dismissing the counterclaim against two of the defendants and dismissing a portion of the summary judgment application, Justice Macaulay provided some pre-trial direction. Because he had already heard full submissions respecting the direction sought, he applied the proportionality principle to relax the requirement of an unnecessary case management conference. Justice Macaulay went on to make the document production and discovery orders that he otherwise would have made at the conference.