M.P. Lundy Construction Inc. v. Wildpine Residence Inc., 2025 ONSC 1614 (CanLII) 

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M.P. Lundy Construction Inc. v. Wildpine Residence Inc., involves a construction lien dispute between M.P. Lundy Construction Inc. (Plaintiff) and Wildpine Residence Inc. (Defendant), along with Royal Bank of Canada and Canam Buildings and Structures Inc. as additional defendants. The dispute centers on a $2.6 million claim by Lundy Construction for unpaid work under a CCDC2 Stipulated Price Contract related to the construction of a retirement residence. 

 

Wildpine Residence Inc. counterclaimed for $12.2 million, alleging breach of contract, misrepresentation, negligence, and bad faith. The case was set down for trial in December 2021, with proceedings scheduled for March 2026. A key issue in this motion was whether Gibson LLP, the law firm representing Wildpine, should be removed due to a conflict of interest. The court ruled that D. Kenneth Gibson, a lawyer at Gibson LLP and a director, officer, and shareholder of Wildpine, would be a material witness at trial, making it inappropriate for his firm to continue representing Wildpine. 

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The court granted the motion to remove Gibson LLP as counsel, citing concerns about trial integrity, fairness, and professional independence. Wildpine Residence Inc. was ordered to appoint new legal counsel within 60 days. The ruling reinforces the principle that lawyers who are material witnesses should not act as trial counsel to ensure fairness in legal proceedings.