Panchbhaya and Kalair v. Central 1 Credit Union

COURT FILE NO.: CV-21-662346

AND: Kalair v. Khan COURT FILE NO. CV-22-679056

AND: Panchbhaya v. Siddiqui, 2022 ONSC 3695 COURT FILE NO.: CV-21-661270

DATE: 20220615

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: MULTICULTURAL CONSULTANCY CANADA INC., UM GROUP INC., YUSUF PANCHBHAYA, OMAR KALAIR, Plaintiffs

AND:

CENTRAL 1 CREDIT UNION, MOYA FINANCIAL CREDIT UNION, WILLIAM CALDER LINDA JEFFERY, STEPHEN ELLIS, VICKIE SACCO, SUZANNE FISHER, SANDRA BARROW, PETER COLLINS, JENS LOHMUELLER, ANDRÉ SCHROER, ART CHAMBERLAIN, DIRK HAACK, DON ROLFE, CHARLES MILNE, PETER UFFELMANN, DAN O’CONNOR, DANIEL A. BURNS, JOHANNE CHARBONNEAU, FORREST DRINNAN, TERRY ENNS, SEAN JACKSON, SCOTT KENNEDY, DOUG LANG, EMMETT MCGRATH, J. PHILIP MOORE, PATRICE PRATT, TRACY REDIES, DAVE SITARAM, JACK SMIT, TAMARA VROOMAN, FRED WAGNER, JACK WHITTAKER, OFFICE OF THE SUPERINTENDENT OF FINANCIAL INSTITUTIONS, FINANCIAL SERVICES REGULATORY AUTHORITY OF ONTARIO, BC FINANCIAL SERVICES AUTHORITY, BORDEN LADNER GERVAIS LLP, GRANT THORNTON LLP CANADA, MARK THOMSON, UM FINANCIAL INC., AYA FINANCIAL INC., ABDUSSAMAD KHAN, REHAN SAEED, TALAL CHEHAB and KALIM KHAN, Defendants

AND RE: OMAR KALAIR, Plaintiff

AND:

BASIL KHAN, Defendant

AND RE: YUSUF PANCHBHAYA

AND:

SHAHZAD SIDDIQUI

BEFORE: W.D. Black J.

COUNSEL: Joseph R. Forget, Counsel for the Plaintiffs Susan Sack, Counsel for the Defendants, T. Chehab, K. Khan, B. Khan and S. Siddiqui Philip Underwood, Counsel for the Defendant, Financial Services Regulatory Authority of Ontario Danny Urquhart, Counsel for the Defendant, BC Financial Services Authority Michael Kestenberg and Aaron Hershtal, Counsel for the Defendant, Borden Ladner Gervais LLP Neil S. Rabinovitch, Counsel for the Defendant, Grant Thornton LLP Canada Douglas Stewart and Deepshikha Dutt, Counsel for the Defendant, Central 1 Credit Union Peter I. Waldmann, Counsel for the Plaintiff, Yusuf Panchbhaya (Action CV‑21‑661270)

HEARD: June 9, 2022

ENDORSEMENT

[1] This was a further case conference in this set of multiple proceedings for which I am the case management judge (see my endorsement of April 25, 2022 relative to the last case conference in this matter).

[2] Consistent with his undertaking at that last case conference, Mr. Forget, who is now acting for Mr. Kalair in a number of the cases and claims, completed a review of various issues and has concluded that there are sufficient difficulties for Mr. Kalair in most or all of these cases that he would recommend (and has recommended), that Mr. Kalair agree to a dismissal without costs in most cases.

[3] The one exception may be the claim as against Grant Thornton. In that case, whatever his assessment of the merits, it appears that Mr. Forget has concluded that his client would have to seek leave to proceed at this late stage, such that that procedure might be an efficient way for a determination about whether or not the case can and should proceed. Mr. Rabinovitch, who acts for Grant Thornton LLP Canada (“GT”), wishes to bring his client’s summary judgment motion in conjunction with the leave application and so Mr. Forget and Mr. Rabinovitch will agree on a schedule to that end.

[4] In the absence of objection and for the sake of efficiency, I have directed that the new (class) action that Mr. Panchbaya has issued, will be case managed by me together with the other matters already under this umbrella.

[5] Since GT is also a defendant in that action and leave would be required for it to proceed, it is to be dealt with in the same fashion as described above relative to Mr. Kalair’s claim against GT.

[6] In all other cases, Mr. Forget will advise opposing counsel by Friday, June 17, 2022, whether or not Mr. Kalair will agree to a dismissal of his claims as against each party, on a without costs basis. If so, those matters can be wrapped up at that time. If not, the parties should discuss an agreed timetable for such procedural steps as are necessary to result in motions, (summary judgment and such other dispositive motions as defendants intend to bring), to be heard by the fall of this year.

[7] The next case conference in this matter will take place at 5:00 p.m. on Friday June 17, 2022, at which time we will address the fallout from the various items discussed above, confirming dismissals or schedules as the case may be.

W.D Black J.

Date: June 15, 2022