During the week of June 24, 2019, the certification motion will be heard by Justice Glustein. Detailed affidavits by the proposed class representatives have been exchanged with the Defendants, and some of the Defendants have provided responding affidavits.
Over the next few months, we will be proceeding with cross-examinations on the affidavits and preparing the lengthy factum, the written legal argument, for use on the motion.
At the same time as the certification motion, we will be asking the Court to add Robert Kepes, as a Defendant. We are busy preparing and exchanging the material to allow this request to proceed before the Court.
There is an enormous amount of work to do before the Ontario certification.
Following the certification motion, some of the Defendants have advised that they will be bringing a summary judgment motion. These motions have not been scheduled.
The Saskatchewan action, Piett, has also had its certification motion scheduled to be heard in Saskatchewan during the week of December 9, 2019. We will have an opportunity to speak to the Saskatchewan Court to ask them to prefer the Ontario action and not certify the Saskatchewan action. Between now and December there will be a number of filings necessary.