This page contains the Applicant’s Draft Order (Form 59A) for Notice of Motion #2 in McLean v. TDHA et al, electronically filed on February 7, 2025 in the Divisional Court. The Draft Order reflects the full scope of relief sought in Motion #2, which was scheduled to be heard in writing on February 14, 2025 pursuant to Rules 37.12(4) and 37.13(2)(a). It incorporates the Applicant’s JRPA Application, Factum, COI Recusal Submissions, Confirmation of Motion, Motion Records #1 and #2, affidavits, requisitions, written outline, and all materials uploaded to Case Center or filed in the court file.
The Draft Order sets out the Applicant’s position that the Attorney General of Ontario formally waived participation under section 9(4) of the JRPA on January 30, 2025, and records the Applicant’s detailed update on Motion #1, including the Tribunal’s continued failure to file the Record of Proceeding under section 10 of the JRPA and section 20 of the SPPA. The Draft Order seeks declarations that the Tribunal has not complied with its statutory duties, that the respondent insurance companies failed to comply with Rule 68.04(4), and that all respondents (except the AGO) are precluded from further participation in the JRPA proceeding except on costs.
The Draft Order also contains the Applicant’s recusal‑related relief concerning Madam Justice Shore, seeking a declaration that she is precluded from any involvement in the JRPA proceeding due to a reasonable apprehension of conflict of interest arising from her former partnership at Epstein Cole LLP, where Mr. Papadimitropoulos — the ex‑husband of the named insured — was a client. The Draft Order requests consequential relief including nullification of the Case Management Appearance Requirement, adjournment of any case conference, and directions under section 76 of the Courts of Justice Act requiring the Registrar to accept outstanding requisitions and issue a Form 68B Notice of Listing for Hearing.
The Draft Order further seeks conversion of Motion #2 into a motion for Judgment under Rule 37.13(2)(a), arguing that this is a “proper case” for final disposition given the Tribunal’s failure to file the Record of Proceeding, the AGO’s waiver, the respondents’ non‑participation, and the urgency of the rule‑of‑law issues. It requests judgment granting the relief sought in the JRPA Application, including quashing the impugned final orders of Vice Chair Morissette (September 12, 2024) and Vice Chair Lake (October 15, 2024), declaring the standard of review to be correctness, and substituting the orders sought in NOM #14 and NOM #15. These include: adding TDHA as a party to the LAT proceeding; declaring TDHA the First Insurer under Reg 283; requiring TDHA to file a responsive pleading within 14 days; compelling compliance with the Insurance Act, Reg 283, and SABS; directing SNIC and TDHA to correct insurer information in HCAI; and granting the Applicant leave to seek costs against SNIC and TDHA.
The Draft Order concludes with costs directions permitting the Applicant to file costs submissions within five days of the order, with respondents permitted to file responses within five days thereafter, and grants the Applicant liberty to enforce all orders contained therein.
This page forms part of LawCap’s public‑interest archive documenting judicial independence, record‑integrity doctrine, statutory compliance, administrative law oversight, and the Divisional Court’s supervisory jurisdiction. It reinforces the Applicant’s broader position that Motion #2 is procedurally sound, substantively justified, and ready for final adjudication in the absence of any meaningful participation by the Tribunal or respondent insurance companies.