) ) PC ONTARIO FUND v. PROGRESSIVE CONSERVATIVE PARTY, 2010 ONSC 6799

CITATION : PC Ontario Fund et al. v. Essensa, 2010 ONSC 6799 DIVISIONAL COURT FILE NO.: 352/09 DATE: 20101209 ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT BETWEEN: ) ) PC ONTARIO FUND and PROGRESSIVE CONSERVATIVE PARTY OF ONTARIO Applicants – and – GREG ESSENSA, CHIEF ELECTORAL OFFICER Respondent )) )) )) )) )) ) ) ) W. Thomas Barlow , for PC Ontario Fund Shaun O’Brien , for the Working Facilities Coalition (Moving Party) Melanie Francis for Laura Miller on behalf of the Ontario Liberal Party (Moving Party) John B.

Laskin , for the Respondent ) ) ) HEARD at Toronto: November 30, 2010 ENDORSEMENT: FERRIER J. : [ 1 ] An order will issue in the form of the draft attached to this endorsement as revised by me. [ 2 ] I note the following:

a) The

preamble has been revised to reflect the facts.

b) In reference to proposed paragraph 1(

c) and (d), the affidavit of Laura Miller was filed in support of the motion to intervene. I fail to see how a right to cross-examination on the affidavit would survive the hearing of the motion for leave to be added as a party.

c) In reference to proposed paragraph 1(g), although I appreciate the interest that the intervening party has in this matter and the potential impact upon it, I am of the view that the usual provision concerning costs is appropriate in this case.

d) In reference to proposed paragraph 1(h), I see no justification for limiting the appeal rights of the intervening party.

Ferrier J. Released: December 9, 2010 CITATION : PC Ontario Fund et al. v. Essensa, 2010 ONSC 6799 DIVISIONAL COURT FILE NO.: 352/09 DATE: 20101209 ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT BETWEEN: PC ONTARIO FUND and PROGRESSIVE CONSERVATIVE PARTY OF ONTARIO Applicants – and – GREG ESSENSA, CHIEF ELECTORAL OFFICER Respondent ENDORSEMENT Ferrier J. Released: December 9, 2010