Is Gowlings WLG In or Out?
posted on
Dec 27, 2018 09:08PM
Crystallex International Corporation is a Canadian-based gold company with a successful record of developing and operating gold mines in Venezuela and elsewhere in South America
People on this board continue to spin wheels for lack of knowledge or from paying attention to people spreading rumors or missinformation.
So, is Gowling in or out of the KRY saga? The answer to this question is that Gowling is in and will continue to be on this case until the Shareholders Committee dismisses them or Gowlings gets a representation withdrawal order approved by the court.
In either case, we will know Gowlings was dismissed or witdrew from the case when the Service List on the E&Y Monitor site is updated to replace Gowling with the new legal representation. The last time the Service List was updated was May 2018.
Gowling cannot just decide to withdraw from the case. They must follow the court rules and meet several threshholds before the Judge will approve the Withdrawl Order. If Gowling meet the court requirements, the Judge may still deny the approval of the order if doing so runs counter to legal precendent set by the Canada Supreme and Ontario Superior Courts.
In addition, Gowling may be sued by the Shareholder's Committe if they quit thier representation for no good cause. So, Gowling will be thinking long and hard before making a representation withdrawal decision in midcourse. The Law Society of Ontario included the following paragraph in its Rules of Professional Conduct for good reasons:
[1] Although the client has the right to terminate the lawyer-client relationship at will, the lawyer does not enjoy the same freedom of action. Having undertaken the representation of a client, the lawyer should complete the task as ably as possible unless there is justifiable cause for terminating the relationship.
For the Court Rules regarding Legal Representation, read on...
Courts of Justice Act
R.R.O. 1990, REGULATION 194
RULES OF CIVIL PROCEDURE
15.04 (1) A lawyer may move, on notice to his or her client, for an order removing him or her as lawyer of record. O. Reg. 575/07, s. 13 (1).
DUTY OF LAWYER OF RECORD
15.05 A lawyer of record shall act as and remains the lawyer of record for his or her client until,
(a) the client delivers a notice under rule 15.03; or
(b) an order removing the lawyer from the record has been entered and the lawyer has satisfied the service and filing requirements of subrules 15.04 (2), (3) (if applicable) and (5). O. Reg. 575/07, s. 14; O. Reg. 281/16, s. 5.
So, we will know whether Gowlings remains the Shareholders' Committe legal representation so long as Gowling remains on the Service List.
I will endevor to dismantle other rumors and misinformation on this board in due course.
In the mean time, do not let anybody tell you that the KRY saga is an almost total loss and the its shares worth next-to-nothing. In fact, for years the KRY shareholders had a dimishing opportunity to recover a decent amount of money thanks to the efforts, or lack thereof, of the Board of Directors. How much each of us will get out of this saga will depend on key decisions we will need to make in the near future.