Murray Tevlin and Dan Gleadle attended a Case Planning Confernece before Judge McEwan in BC Supreme Court today, to obtain directions from the Court as to the timing of steps to occur before the Certification Hearing.
The Honourable Mr. Justice McEwan directed that the following occur:
- By May 31, 2011 BCMA will decide if it will voluntarily file a Response to Notice of Civil Claim (a “RNCC”). If the BCMA chooses not to voluntarily file a Response to Notice of Civil Claim, it will instead file a Notice of Application to the court for leave to delay filing a RNCC until after the Certificiation Hearing;
- By June 7, 2011 BCMA will either file a RNCC at the court registry or on that date, will file Notice of Application to the court for leave to delay doing so;
- A Case Planning Conference has been scheduled for 9:30 am on June 8, 2011 to consider the dates for other steps leading to the certification hearing. This CPC will for example deal with the date of the Certification Hearing itself, and the dates for exchange of evidence (affidavits) and arguments in advance of the Certificaiton Hearing. If the BCMA has not by then filed a RNCC, the court will also deal with the date for hearing of BCMA’s application for leave not to file a RNCC.
Plaintiff’s counsel will be advocating for a date for a Certification Hearing in the early fall of 2011.


