Edward L. Marrocco

The defendants moved to dismiss the plaintiff's two construction defect actions for delay.

The actions were commenced in 2011 and 2012 but had not progressed to discoveries.

The plaintiff's former counsel claimed a 'mental block' prevented him from advancing the files, and the plaintiff's principal claimed ignorance of the delay.

The court found the delay was inordinate and inexcusable, noting the plaintiff's principal failed to monitor the litigation.

The court also found actual prejudice to the defendants, including the death of a key witness.

The motions were granted and the actions dismissed.

The defendant brought a motion to remove Siskinds LLP as counsel of record for the plaintiffs, citing conflict of interest and 'lawyer as witness' concerns.

The dispute involved an internal corporate struggle over share ownership and director status in LEO Canada Inc. Siskinds LLP had acted as corporate counsel during the events giving rise to the dispute and was now acting as litigation counsel for both the corporation and one of the disputing shareholders.

The court found significant conflict of interest concerns, noting that lawyers from the firm were likely to be necessary witnesses regarding the preparation and execution of contested corporate documents.

The court ordered the removal of Siskinds LLP, directed that the corporation and the individual plaintiff obtain separate representation, and established a procedure for documentary disclosure.