May 14, 2024

VIA EMAIL < sc.civil_va@BCcourts.ca >

Vancouver Law Courts

Supreme Court Scheduling
800 Smithe Street
Vancouver BC V6Z 2E1

Dear William Gallagher, Manager, Supreme Court Scheduling – Civil:

Re: CSASPP v. HMK & PHO

Supreme Court of British Columbia Vancouver Registry No. S210831

We are counsel for the defendants in the above-noted proposed class proceeding, which is
being case-managed by Justice Crerar. We respectfully request that this letter and its
enclosure be directed to the attention of Justice Crerar. Thank you in advance for your
assistance in this regard.

We write further to the decision of Justice Coval in Hoogerbrug v. British Columbia, 2024 BCSC
794 (copy enclosed) on May 10, 2024. In our view, the decision materially impacts the plaintiff’s
certification application and the defendants’ application to strike and dismiss the claims. It is the
position of the defendants that further submissions to the court are necessary to address these
impacts.

We therefore seek direction of the court to exchange further written submissions with respect to
Hoogerbrug v. British Columbia, 2024 BCSC 794, on the following schedule:

• Plaintiff’s submissions due June 11, 2024

• Defendants’ response submissions due June 25, 2024
• Plaintiff’s reply (if any) due July 2, 2024.

A copy of this letter was provided to counsel for the plaintiff. The plaintiff agrees that the court
should be alerted to this decision but disagrees that further written submissions are necessary.

Ministry of Attorney General Legal Services Branch Location:

Litigation Group 1301 - 865 Hornby Street
Vancouver BC V6Z 2G3

Phone: 604 660-6795

Email: Emily.Lapper@gov.bc.ca
 -2-

In the event the court directs further submissions, the plaintiff’s position is that the defendants
should provide their written argument, followed by the plaintiff’s response. Due to previously
scheduled matters, the plaintiff can provide its response submissions by June 11, 2024 or a
later date.

Yours truly,

Emily Lapper
Legal Counsel
/jh

Enclosure

Cc: Polina Furtula, counsel for the plaintiff (via email).