Stajic v. Langille
Marko Stajic
Scott Langille
Gerhard Muller
Paul Pathak
Eric Silver
Michael Stein
John Does 1-3
Wayland Group Corp.
Law Firm / Organization
McCarthy Tétrault LLP
Lawyer(s)

Dana M. Peebles

Guarantee Company of North America
Law Firm / Organization
Ricketts Harris LLP
Lawyer(s)

Marcus Knapp

Background:
This case was a proposed investors’ class action involving Marko Stajic, the plaintiff, against Scott Langille, Gerhard Muller, Paul Pathak, Eric Silver, Michael Stein, and others, former directors and officers of Wayland Group Corp., an insolvent cannabis corporation. The motion sought to disqualify Osler, Hoskin & Harcourt LLP as counsel for the defendants due to alleged conflicts of interest.

Legal Arguments and Issues:

  • The plaintiff argued that Osler’s roles as counsel for Wayland during multiple proceedings and their lawyers' appointments to key corporate positions created conflicts of interest.
  • Defendants contended the plaintiff improperly relied on privileged documents obtained during insolvency proceedings.
  • Justice E.M. Morgan addressed the timing and admissibility of supplementary evidence alleging professional misconduct by Osler, filed late in the process.
  • The privilege issue, centered on documents Wayland’s counsel inadvertently shared, required resolution, with the court directing identification and notification of such materials to the defendants.

Court’s Findings:

  • Justice Morgan adjourned the disqualification motion to allow identification of privileged documents and cross-examinations.
  • The court emphasized balancing procedural fairness with the plaintiff’s request for expedited proceedings.

Costs and Awards:
No award or cost ruling was made. Submissions on adjournment costs were invited, with deadlines set for defendants (within two weeks) and plaintiffs (within three weeks after).

Outcome:
Further affidavit filings and a revised timetable were ordered to proceed with the motion.

Superior Court of Justice - Ontario
CV-22-00687490-00CP
Class actions