COURT OF APPEAL FOR ONTARIO

Page: 74
[178] Our trial management order will accord with the order made by the motion judge
in the actions against Peebles and Cassels Brock. Under rule 20.05(1), we order that the
action should proceed to trial expeditiously. In addition, under rule 20.05(2), and subject
to any further order by a judge of the Superior Court of Justice, we impose the following
terms:
The affidavits of the parties and the crossexaminations
on the affidavits, which were used on the
motion for summary judgment, may be used at trial in
the same manner as examinations for discovery.
Further discovery should be limited to matters not
already covered in those affidavits and the crossexaminations.
The Bruno action against Hryniak should be heard
together with the pending actions of Mauldin and
Bruno against Peebles and Cassels Brock.
As the motion judge noted, Master Glustein is ably
case managing the actions against Peebles and Cassels
Brock. He should also oversee the Bruno action
against Hryniak.
[179] On January 24, 2011, Weiler J.A. ordered Hryniak to post an irrevocable letter of
credit with the court in the amount of $950,000 as a condition of granting Hryniak‟s
motion to extend time to perfect his appeals. Weiler J.A. said that imposing this order
“would be a just balance between Hryniak‟s right to an appeal and the respondents‟
interest in ensuring that they may enforce the motion judge‟s court order if Hryniak loses
his appeal”: see Mauldin v. Hryniak, 2011 ONCA 67, 274 O.A.C. 353, at para. 41. On
February 11, 2011, Doherty J.A. varied the terms of Weiler J.A.‟s order to facilitate