Background

• The plaintiff, M.P. Lundy Construction Inc. (General Contractor), seeks $2.6 million under a CCDC2 Stipulated Price Contract for a retirement residence.
• WRI counterclaimed for $12.2 million, alleging breach of contract, misrepresentation, negligence, and bad faith.
• The trial is scheduled for March 2026.

Motion & Issue

• The plaintiff moved to remove Gibson LLP and its principal, D. Kenneth Gibson, as WRI’s counsel.
• Key Issue: Whether Gibson’s dual role as lawyer and material witness compromised trial integrity.

Court’s Decision

• Motion Granted. Gibson LLP removed as WRI’s counsel.
• Key Reasons:
  • Gibson is a material witness whose credibility will be assessed at trial.
  • Conflict of interest: He was both a decision-maker at WRI and its legal counsel.
  • Lack of independence: Junior counsel at Gibson LLP was acting under Gibson’s direction rather than independently.
  • No undue delay: Plaintiff’s motion was not deemed tactical or unfairly timed.
  • Adequate time for WRI to retain new counsel before trial.

Order

• WRI must appoint new counsel within 60 days.
• Cost submissions due within 30 days.
• The court did not make a final ruling on damages, lien claims, or counterclaims in this decision.