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.
