Musitano v. Gordon
Patrick Musitano
Law Firm / Organization
Not Specified
Lawyer(s)

William D. Dunlop

Concession Medical Pharmacy Ltd.
Law Firm / Organization
Not Specified
Lawyer(s)

William D. Dunlop

Daniel G Gordon
Law Firm / Organization
McCague Borlack LLP
Lawyer(s)

Howard Borlack

Dan Gordon Consulting Inc.
Law Firm / Organization
McCague Borlack LLP
Lawyer(s)

Howard Borlack

Gordon Wealth Management Limited
Law Firm / Organization
McCague Borlack LLP
Lawyer(s)

Howard Borlack

Sun Life Insurance (Canada) Limited
Law Firm / Organization
Not Specified
Lawyer(s)

Peter Wardle

Sun Life Financial Distributors (Canada) Inc.
Law Firm / Organization
Not Specified
Lawyer(s)

Peter Wardle

Nature of the Motions and Parties’ Positions - Plaintiffs seek to compel Mr. Gordon's attendance at examinations for discovery after three postponements. - Gordon defendants request plaintiffs post $22,500 each as security for costs, citing plaintiffs' insolvency. Allegations and Background - Claim issued on June 26, 2020, for $22,000,000 in damages for negligence and other grievances by Gordon defendants. - Plaintiffs allege financial mismanagement by Mr. Gordon, including excessive life insurance premiums leading to financial strain. - CMP is an undischarged bankrupt since October 2020, Mr. Musitano filed a proposal in April 2021, avoiding bankruptcy. Financial Details - CMP and Mr. Musitano paid $5,400,000 in life premiums, with a net policy value of $198,000 by 2020. - Gordon defendants received substantial compensation and commissions from the sale of life insurance policies. Legal Proceedings and Decisions - The court dismissed the motion for security for costs against Mr. Musitano but not against CMP. - Mr. Musitano is deemed not a nominal plaintiff; he has an interest in the outcome and is responsible for litigation costs. - Plaintiffs failed to demonstrate impecuniosity, so CMP does not avoid posting security for costs. - Based on the merits, the court finds it unjust to order security for costs against plaintiffs. Examinations and Health Concerns - Ordered Mr. Gordon to be examined via video between November 30, 2023, and February 15, 2024, despite health issues. Costs and Timelines - Parties to resolve costs themselves, - If no submissions or agreements on costs by November 8, 2023, costs will be considered settled.
Superior Court of Justice - Ontario
CV-20-73207
Civil litigation