In the case of Way v. Schembri dated September 26, 2023, the lawsuit involved two complex and contentious legal actions that had previously included real estate developer plaintiff Al Way and defendant Gordon Schembri. They had entered into a Joint Venture Agreement in 2007 to develop a project in Waterloo, Ontario, and later formed Triumph Financial Holdings Inc. to pursue other development opportunities. A Shareholders Agreement in 2008 outlined the terms for developing Triumph Projects and included a Right of First Refusal (ROFR) Clause, which required Schembri to offer development opportunities to Way within the Regional Municipality of Waterloo. Their business relationship had soured, leading to a series of legal disputes that began in 2010. Schembri had alleged mismanagement in the Joint Venture and had claimed over $30 million in damages. Way, on the other hand, had accused Schembri of breaching the ROFR Clause. Subsequently, the parties had agreed to consolidate the actions, and in 2018, they had shared common discoveries. In 2017, Schembri had sought summary judgment, but it had later been overturned by the Court of Appeal in 2020. Following this decision, Way had requested the production of documents related to the case. The court had ruled in favor of the Plaintiffs, ordering the Defendants to produce relevant documents related to the "Lands." The Bifurcation Motion had been dismissed. The parties had been encouraged to agree on costs, with a specified process for cost dispute resolution if needed.