Court File and Parties

COURT FILE NO.: CV-21-00650624-0000

DATE: 20220823

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

GMBR CAPITAL CORP.

Plaintiffs

• and -

TSX TRUST COMPANY in its capacity as administrator of the CANNA 8 INVESTMENT TRUST, DAN FORIGO in his capacity as trustee of the REALCANNA INVESTMENT TRUST, and DAN FORIGO in his capacity as trustee of the REAL INDUSTRIAL INVESTMENT TRUST

Defendants

Christopher J. Somerville for the Plaintiff

Kanwar Dhaliwal for the Defendants TSX Trust Company in its capacity as administrator of the Canna 8 Investment Trust, Dan Forigo in his capacity as trustee of the Realcanna Investment Trust, and Dan Forigo in his capacity as trustee of the Real Industrial Investment Trust

Heard: August 23, 2022 (video hearing)

REASONS FOR DECISION

PERELL, J.

[1] In this action, GMBR Capital Corp. sues TSX Trust Company and Dan Forigo in several capacities. This is a motion by Torkin Manes to remove itself as lawyer of record for the defendants.

[2] On October 6, 2020, the defendant TSX Trust retained Torkin Manes to defend the within action on behalf of the defendants.

[3] At all material times while acting for the defendants, Torkin Manes received its instructions from a Sri Chandra.

[4] Mr. Chandra is also personally a defendant in a companion proceeding bearing Court File Number CV-21-00654716-0000. In that action GMBR Capital sues Dean Parmar, Lawrence Guy, Shant Poladian, Gopi Pillai, and Mr. Chandra alleging that they had breached their duties as trustees of RealCanna.

[5] Torkin Manes was initially retained to represent Mr. Chandra in the companion action. However, Mr. Chandra subsequently retained Eric Morgan of Kushneryk Morgan LLP in the companion action.

[6] Mr. Chandra stopped communicating with Torkin, Manes with respect to the companion action and with respect to the immediate action against TSX Trust Company and Dan Forigo.

[7] Torkin Manes has been unable to receive instructions with respect to the immediate action.

[8] In the immediate action, Mr. Maurer of Torkin Manes inquired of Mr. Morgan as to whether his firm would be acting for the defendants in the immediate action, but no notice of Change of Lawyers was forthcoming.

[9] Thus, there has been an irreconcilable breakdown in the lawyer-client relationship between the defendants in the immediate action and Torkin Manes can no longer represent TSX Trust Company and Dan Forigo in his several capacities.

[10] I, therefore, grant Torkin Manes motion to remove itself as lawyer of record for TSX Trust Company and Dan Forigo.

[11] Order accordingly.

Perell, J.

Released: August 23, 2022

COURT FILE NO.: CV-21-00650624-0000

DATE: 20220823

ONTARIO

SUPERIOR COURT OF JUSTICE

BETWEEN:

GMBR CAPITAL CORP.

Plaintiffs

• and -

TSX TRUST COMPANY in its capacity as administrator of the CANNA 8 INVESTMENT TRUST, DAN FORIGO in his capacity as trustee of the REALCANNA INVESTMENT TRUST, and DAN FORIGO in his capacity as trustee of the REAL INDUSTRIAL INVESTMENT TRUST

Defendants

REASONS FOR DECISION

PERELL J.

Released: August 23, 2022