Panchbhaya and Kalair v. Central 1 Credit Union,
2022 ONSC 4072
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
AND: Panchbhaya v. Central 1 Credit Union
COURT FILE NO. CV-21-673261
DATE: 20220617
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
AND RE: IMAM YUSUF PANCHBHAYA, Plaintiff
AND:
CENTRAL 1 CREDIT UNION, CREDIT UNION CENTRAL, CUCO COOPERATIVE ASSOCIATION, GRANT THORNTON LLP, 3734366 CANADA INC., GRANT THORNTON LIMITED, GRANT THORNTON CORPORATE FINANCE INC., GRANT THORNTON CONSULTING, GRANT THORNTON INTERNATIONAL LIMITED, THORNTON GROUT FINNIGAN LLP, MARK THOMSON and MICHAEL CREBER, Defendants
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)
Jordan Palmer and Thomas M. Sieber,
Counsel for the Plaintiff, Imam Yusuf Panchbhaya (Action CV-21-673261)
HEARD: June 17, 2022
ENDORSEMENT
[1] A case conference was held in this matter on June 17, 2022, in follow up to the case conference on June 9, 2022.
[2] At the June 9 case conference, it was agreed that Mr. Forget, newly representing Mr. Kalair, would discuss with his client the various motions proposed by various defendants, all in the nature of summary judgment or similarly dispositive steps, and to take instructions about Mr. Kalair’s intentions, and whether in some instances he might agree to a dismissal rather than contesting the proposed motion(s). Counsel for plaintiffs in other matters within this collection of cases agreed to seek similar instructions.
[3] In the result, two matters are to be disposed of on the basis of a dismissal without costs.
[4] First, in Action # CV-21-661270, the claim of Yusuf Panchbhaya (in which he is represented by Mr. Waldmann) against Shahzad Siddiqui (represented by Ms. Sack) is to be dismissed without costs.
[5] Second, within Action No. CV-21-662346, the claim as against Borden Ladner Gervais LLP is agreed to be dismissed without costs.
[6] Both such agreed dismissals are to be with prejudice.
[7] With respect to all other claims, Mr. Forget is to obtain instruction regarding the claims against individual defendants, to determine whether or not these claims, in each case, can be subsumed in the claims against corporate defendants. Mr. Forget will advise counsel and deliver an amended pleading by July 15, 2022. For the moment, it appears that all claims other than the two identified above, and subject to the potential release of individual defendants, will be proceeding to the potentially dispositive motions proposed by the various defendants.
[8] Counsel are to meet to discuss these matters on June 27.
[9] As a result of that meeting and by the end of the month of June, counsel are to agree on procedural steps required, and timing for all such steps, to result in hearings of some or all of the pending motions (depending on whether or not all such motions can be accommodated in two days) on October 6 and 7, 2022, before me.
[10] Mr. Rabinovitch of counsel for Grant Thornton LLP (Canada) has agreed to act as “scribe” to record the agreed timetables for all such motions, and will provide the agreed timetables to me, via my judicial assistant Lorie Waltenbury. I will confirm these agreed schedules in a further endorsement.
[11] Counsel for the plaintiffs in the class action proceeding (CV-21-00673261- 00CP), which was added to the group of cases under my management on June 9, 2022, have advised that they are taking steps to replace the proposed representative plaintiff in that matter, and require additional time to do so.
[12] I have advised counsel that in my view they should be able to deal with that issue expeditiously, and that I am not prepared to delay these proceedings to accommodate that decision. I directed counsel to be prepared to discuss the replacement representative plaintiff by the time of the meeting of counsel on June 27, 2022.
Date: June 17, 2022