Court File and Parties

COURT FILE NO.: CV-20-643287-00CP DATE: 20220404 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: Gregory Stokker, Plaintiff AND: Illumiti Inc., Defendant

BEFORE: E.M. Morgan J.

COUNSEL: Andrew Monkhouse and Alexandra Monkhouse, for the Plaintiff Jeffrey E. Goodman and Elisha Jamieson-Davies, for the Defendant

HEARD: April 4, 2022

Endorsement

[1] Plaintiff’s counsel move to remove themselves as counsel of record for the Plaintiff.

[2] The supporting affidavit in counsel’s motion record establishes to my satisfaction that Plaintiff’s counsel have had a breakdown in relations with their client. Apparently, the Plaintiff, who was meant to be a representative plaintiff in this proposed class action, has through separate counsel settled his own claim with the Defendant. At the same time, he has become incommunicative with counsel here and has refused to provide them with any further instructions.

[3] Defendant’s counsel submit that this leaves their client in a state of limbo. The case is not yet certified, so technically the only one suing the Defendant is the Plaintiff with whom the Defendant has settled the matter.

[4] I agree that the situation is awkward. It would have been preferable for all parties, as well as for the court, had the Plaintiff been open and communicative about his plans. I am somewhat surprised that the lawyer he retained for the purpose of settlement has not been more forthcoming about what has transpired, but, of course, I do not know what has been said as between the Plaintiff and that lawyer.

[5] In any case, there is no point in leaving Plaintiff’s counsel on the record since they are unable to get instructions. They are hereby removed as counsel of record.

[6] The Plaintiff is to be served with this endorsement and the formal Order flowing from this endorsement, as well as any further materials in this action until he retains new counsel, at either the mailing address or the email address that counsel have been using to write to him. I understand that the Plaintiff does appear to receive emails at that address and that he does confirm receipt by briefly responding.

[7] The Plaintiff will have 30 days in which to communicate with Defendant’s counsel with respect to his plans for this claim and/or to retain new counsel to communicate on his behalf. Failing any such communication within that time period, Defendant will thereafter be at liberty to bring any motion which it deems appropriate. Any such motion is to be served on the Plaintiff by mail or by email, filed with the court in the usual way, and sent to my assistant to be considered by me.

Morgan J. Date: April 4, 2022