QG 857 of 2020 Sommaggio v Tufts Management Ine. and Maxwell Tufts David Fites forthe plaintiff. ‘George Green ({ think) for the defendant. FIAT, February 18, 2021 DANYLIUK J. I think this is an application, I'm not sure. I think I’m supposed to rule on it. But I cannot be sure of that either. Confused, counsel? Me too. Here’s why. Counsel for the applicant has not identified himself or herself. There are lawyers for the plaintiff. There are now lawyers for the defendant, On the sole document filed, which is a consent order, there is a notation that the consent order is prepared by the McKercher law office. Did they file it? I suspect so, But I just cannot be sure, 1 also noted that I think this is an application. But I’m not sure. We have Rules of Court. We have had them for decades, The current iteration came into effect in July 2013. Prior to that, the previous Rules came out in 1981, and were amended from time to time until the wholesale rule revision occurred over eight years ago. If T wanted the Court to be sure there was an application before it, and wanted an actual ruling on an application, as an enterprising and experienced lawyer I would check those Rules of Court if I didn’t know them already. Oh, I’d check ‘em good and proper, by gum I would. I would scour those Rules of Court until I came to Rules 6-3(1) and 6-4: 6-3(1) All applications must be by notice of application except where otherwise specifically provided. 6-4 Every application without notice must be by memorandum in Form 6-4 that sets out all of the follo I would then deduce, very cleverly, through applying all my law-talking knowledge, that I have to proceed by way of notice of application unless authorized to proceed by way of an application without notice, While not specifically authorized, where the parties have reached a consent order itis likely that such an application would be entertained by the Court on a without notice basis. Here’s what I wouldn’t do, I wouldn’t just file a consent order, all orphaned; no application, no affidavit, not so much as a cover letter. I wouldn't treat my application as a legal stick flung for a judicial dog to chase, catch, chew on, and figure out. The fact that it is a consent stick does not ‘mean the stick should just be flung at this Court in any event,2 ‘As a good lawyer I would, at the very least, do a Form 6-4 application. The Court can then rule ‘on such an application. The Court cannot properly rule on a document carelessly flung in its general direction, with one of the lawyers yelling “Fetch, Judgey! Get it boy!!!”. The Court will not rule on such a thing even if it could properly do so. This judicial expectation does not place an onerous burden upon counsel. Form 6-4 is mercifully brief, consisting partly of ticking some boxes and partly of providing the most modest amount of information, It is not a Sisyphean task. It’s actually pretty easy. Fill out the form. File the form. Work with me here: Fill out the form. File the form. Fill out the form. File the form. Eventually it will become muscle memory. I know who prepared the draft consent order but I do not know who filed it and the local registrar does not know who to charge for this thing (I cannot say “this application”). I do not think it was Mr. Fittes, because he acts for the plaintiff and why would he file and pay for an order setting aside a noting for default? I suspect Mr. Fittes is an innocent bystander, but the judicial shrapnel hurts him just as badly as it does the other guy. Yet I don’t think it could possibly be Mr. Green, because I know he had absolutely EXCELLENT instruction in civil procedure when he was a law student at the university. So I just don’t know for sure who filed this. You know how I Would know? If an application was filed! That would tell me! Yeah, that’s it!!!!! T know, I know, counsel. You're thinking oh this judge is getting all self-important and uppity, doesn’t want his delicate little judicial fingers to get chapped paging through the Court’s file, trying to figure out what is going on. Well, respectfully, you're wrong. The point of this fiat is that standards of practice are slipping — no, HAVE slipped ~ to the point that lawyers apparently believe they can fling some paper at a judge and he or she will treat it as a properly drafted application, rule on it, and approve it. You file proper applications, I rule on them. C’mon, work with me here: You file proper applications, Trule on them, While this Court has grown steadily more accommodating and less formal about its processes, there are basic minimums below which we cannot stoop. As in, counsel you at least have to do an actual without notice application. It’s about 1 % pages long. Your legal assistant can do it in about five minutes. How about doing the application properly, and re-submitting it, and at least pretending to be embarrassed about showing the Court your shoddiest work? At least, I really really hope this is your shoddiest work. If we haven’t hit bottom yet, I despair. Formal rulin: Application rejected, without prejudice to renew same by actually filing a proper application, yet with prejudice in the form of a small amount of judicial disdain.3. Obiter dicta: I’m not angry, I’m just really disappointed. Lh 1 RW. Danyliuk J.