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ARTICLE · 17 JUNE 2015

Baroch v. Canada Cartage: Proper Scope Of Reply Factums In Written Leave Motions

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Mr. Baroch, who is the plaintiff in a class action, sought to strike out the reply factum of the Defendant, Canada Cartage.

CanadaLitigation, Mediation & Arbitration
Mark Gelowitz
Mark Gelowitz
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The decision of Then J. of the Ontario Divisional Court in the case of Baroch v. Canada Cartage Diversified GP Inc., released May 8, 2015, dealt with the question of what constitutes a proper reply in the context of a written motion for leave to appeal.

Mr. Baroch, who is the plaintiff in a class action, sought to strike out the reply factum of the Defendant, Canada Cartage. Canada Cartage's reply was in support of their written motion for leave to appeal a certification order.

In the normal course, applicants who seek leave to appeal in writing are entitled to file a reply factum pursuant to Rules 61.03.1(11)-(12) of Ontario's Rules of Civil Procedure:

61.03.1 … (11)  If the responding party's factum raises an issue on which the moving party has not taken a position in the moving party's factum, that party may serve a reply factum. O. Reg. 61/96, s. 6.

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