Parties were required to submit litigation plans for trial readiness within one year. If they couldn't agree, each would submit a plan for the judge to choose the most suitable one.
Litigation Plan Selection:
Justice Feasby used "final offer arbitration" (FOA), a method encouraging reasonable offers by choosing the plan closest to what the arbitrator would decide.
Plaintiffs' Plan:
Provided specific deadlines for pre-trial steps, essential due to prior delays.
Included a hearing for partial summary judgment by February 28, 2025, without obstructing trial readiness.
Suggested resolving the application for record production without causing delays, potentially in morning chambers or on July 26, 2024.
Defendants' Plan:
Proposed appealing the previous decision and filing a Rule 4.31 application for dismissal due to delay, which would postpone pre-trial steps.
Relied on case management judge availability, risking further delays.
Conclusion:
Justice Feasby chose the Plaintiffs' plan for its specific deadlines and emphasis on trial readiness within a year, warning parties to adhere strictly to deadlines to avoid consequences.
