Court File and Parties
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.
1In 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.
2On October 6, 2020, the defendant TSX Trust retained Torkin Manes to defend the within action on behalf of the defendants.
3At all material times while acting for the defendants, Torkin Manes received its instructions from a Sri Chandra.
4Mr. 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.
5Torkin 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.
6Mr. 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.
7Torkin Manes has been unable to receive instructions with respect to the immediate action.
8In 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.
9Thus, 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breakdown in the lawyer-client relationship between the defendants in the immediate action and Torkin Manes can no longer represent TSX Trust Company and Dan Forigo in his several capacities.
10I, therefore, grant Torkin Manes motion to remove itself as lawyer of record for TSX Trust Company and Dan Forigo.
11Order 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