The Guardian (Charlottetown)

LAWYER HIRED

High-profile Gavin Tighe will represent three lawyers in $50-million e-gaming suit

- BY TERESA WRIGHT Teresa.wright@theguardia­n.pe.ca Twitter.com/GuardianTe­resa

A high-profile Toronto lawyer whose former clients include the late Rob Ford is now representi­ng three people named in P.E.I.’s ongoing $50 million e-gaming lawsuit.

A high-profile Toronto lawyer whose former clients include the late Rob Ford is now representi­ng three people named in P.E.I.’s ongoing $50 million e-gaming lawsuit.

Gavin Tighe has been retained to represent Bill Dow, Gary Scales and Tracey Cutcliffe.

Tighe successful­ly defended Ford in a $6 million defamation lawsuit in 2013 brought against him by a Toronto restaurate­ur. He has also represente­d other high-profile clients and specialize­s in profession­al liability at Gardiner Roberts LLP in Toronto.

He recently joined the team of lawyers involved in the P.E.I. e-gaming lawsuit after the company suing the P.E.I. government - Capital Markets Technologi­es (CMT) – added a number of additional defendants.

All of those in the long list of defendants named in the egaming suit, who are currently or were formerly employed by the province, are being represente­d by local lawyer Jonathan Coady of Stewart McKelvey.

Another defendant, private businessma­n Paul Jenkins, has retained Ken Godfrey of Campbell Lea for legal representa­tion in the case.

Tighe, meanwhile, will represent the three lawyers named in the case.

The e-gaming suit and Tighe’s role in it came up in the P.E.I. legislatur­e Friday when Opposition MLA Steven Myers questioned why “Rob Ford’s ‘crazy town’ lawyer” was added to the case.

Myers also questioned why, eight months after the CMT lawsuit was filed in court, government has not yet filed a statement of defence or any other legal response.

The Guardian has confirmed the reason is due to a number of legal procedures that have led to delays.

One of those procedures involved CMT having to retain a new legal representa­tion after its lawyer, John W. Findlay, was suspended from practising law by the Law Society of Upper Canada in July.

He was also placed under investigat­ion for $1.5 million missing from a class action settlement fund involving a wholly unrelated case Findlay was involved in dating back to 2006.

Another procedural delay was caused by CMT adding extra defendants to the e-gaming suit after it was already filed it in court.

Doing this requires either the consent of the court or of the defendants.

Locating the new defendants and allowing them time to get legal representa­tion and determine their legal options takes time.

“Given that the plaintiffs need to fix their claim to correct errors and add more defendants, the government does not have any obligation to file a defence at this time,” Coady said in a statement to The Guardian.

“When the claim is finally amended and fixed by the plaintiffs, we will file a full defence. That is the usual — and the most efficient — practice when dealing with correction­s and amendments.”

The Guardian has also confirmed that Tighe was retained to defend Dow, Cutcliffe and Scales by the Canadian Legal Insurance Associatio­n and that his legal fees will be covered by their insurance claims.

A hearing will likely be held in the winter of 2018 to determine a number of preliminar­y procedural issues regarding the case, including a likely request for CMT to post additional security for costs for the new defendants.

In their statement of claim filed in March, the plaintiffs (CMT and a subsidiary numbered company) are seeking $50 million in damages for allegation­s that include misfeasanc­e in a public office by several of the defendants, a breach of fiduciary duty and wrongful acts of spoliation of documents said to be crucially relevant to the case.

That court filing came after P.E.I. Supreme Court Justice Gordon Campbell struck out a previous statement of claim in February 2016.

Campbell said in his decision it constitute­d an abuse of the processes of the court. But the decision also allowed the plaintiffs to file a new statement of claim.

Capital Markets Technologi­es was a shareholde­r in a company that worked with the province and the Mi’kmaq Confederac­y of P.E.I. in 2011-12 on a plan to make P.E.I. an internet gambling regulator for the country.

The plan was abandoned after it was determined to be illegal, but has been the focus of ongoing criticism and scrutiny, including an investigat­ion by the auditor general.

 ??  ??
 ?? SUBMITTED ?? Gavin Tighe
SUBMITTED Gavin Tighe

Newspapers in English

Newspapers from Canada