Mi5 Print & Digital v. Larmer
Mi5 Print & Digital Communications Inc.
Law Firm / Organization
Levitt LLP
Lawyer(s)

Peter Carey

2214264 Ontario Inc.
Law Firm / Organization
Levitt LLP
Lawyer(s)

Peter Carey

Craig Larmer
Law Firm / Organization
Norton Rose Fulbright Canada LLP
Lawyer(s)

Mark Laschuk

Lesley Ann Sharpe
Law Firm / Organization
Norton Rose Fulbright Canada LLP
Lawyer(s)

Mark Laschuk

Lesley Ann Sharpe cob as LCS Imagining
Law Firm / Organization
Norton Rose Fulbright Canada LLP
Lawyer(s)

Mark Laschuk

Ronald Morgan
Barrie Williams

Case Overview:

  • Plaintiffs, Mi5 Print & Digital Communications Inc. and 2214264 Ontario Inc., allege breach of fiduciary duty by Larmer, who allegedly misappropriated business opportunities and solicited clients.
  • A one-year injunction (2017-2018) barred defendants, Craig Larmer, Lesley Ann Sharpe, LCS Imagining, Ronald Morgan, and Barrie Williams, from contacting plaintiffs’ clients.
  • Despite being filed in 2017, the case has not progressed toward trial.

Legal Issues & Motion:

  • Plaintiffs sought a status hearing to prevent administrative dismissal for delay under Rule 48.14(1).
  • Defendants argued for dismissal, citing prejudice and lack of an acceptable explanation for the delay.

Court’s Findings:

  1. Delay Justification:

    • Plaintiffs blamed former lawyer David Rubin, but evidence showed unpaid fees and communication issues may have contributed.
    • No evidence was provided from Rubin, making it premature to dismiss.
  2. Next Steps Ordered:

    • Plaintiffs must serve the motion materials to Rubin.
    • The court will decide later if further submissions or arguments are required.

Conclusion:

  • The court deferred ruling on dismissal until Rubin is given a chance to respond.
  • The case highlights litigation delays and procedural fairness.
  • No party was declared the successful party.
  • No damages or additional monetary awards were granted in this decision.
Superior Court of Justice - Ontario
CV-17-00570437-0000
Corporate & commercial law