Ritika Rai

Direct: 416 869 6885

Rrai@stikeman.com

March 27, 2023 BY EMAIL

File No: 065249.1056

Mr. Syed Mamun Raihan

615-273 Pharmacy Ave.
Toronto, ON
M1L 3E9

Dear Mr. Raihan:

Re: UBS Inc. USA ats. Raihan

Court File No. CV-20-00645699-0000

We write further to our letter dated March 21, 2023, your response by email of the same date, and the
correspondence with the court in respect of the trial certification form.

On December 31, 2022 we provided you with our comments on the trial certification form. That form is
attached. You proceeded to deliver a trial certification form to the Court that did not address our
comments and which was not copied to us. When the Court returned the form this week because it set
out no witnesses for a 10-day trial, you simply sent another trial certification form to the Court, without
consulting us, which continues to show no witnesses. The trial certification form should not be sent to the
Court without our agreement, and if we cannot agree, then it will be necessary to attend a “To be Spoken
to Court”.

We no longer consent to submission of the trial certification form given your recent correspondence
purporting to assert claims under the OSA that have not been pleaded in the Statement of Claim. This
matter cannot proceed to trial scheduling while these matters are outstanding and unresolved.

In our letter dated March 21, 2023, we set out the issues with your purported claims under the OSA and
the procedure you would have to follow to assert them. You responded by email:

Thanks. I have filled a motion under section 180 and 180.3. A new claim should not
required to file under 180 in superior court. 180.3 motion is to ensure my entire portfolio is
covered. As OSC do not prohibit such claims under section 180. Once motion records
accepted by the court filing system, I will let you know.

We assume you mean sections 130 and 138.3. Your email does not accurately reflect the current state of
affairs.

First, the only motion required under section 130 of the OSA is a motion to amend the pleading to assert
a claim under section 130. The only statutory provisions referenced in your statement of claim are section
56 of the OSA and sections 18 and 109 of the Consumer Protection Act. Our client is entitled to know the
claim it has to meet. If you intend to assert a claim under section 130 of the OSA, it is necessary for you
 2

to amend your statement of claim to assert such a claim. Our client reserves all rights in respect of such a
claim.

Second, while you have submitted a notice of motion for leave to commence an action under section
138.3 of the OSA, you have not filed a supporting affidavit as required by section 138.8 of the OSA
setting out the material facts upon which you intend to rely. Copies of this motion must also be provided
to the Ontario Securities Commission, which we expect you have not done. We also do not believe you
have properly filed this motion. When you sent it by email to the Court on February 17, 2023, the Court
responded: “We do not take material at this email address. All materials are filed through the Portal.” We
do not believe you have filed the motion materials through the portal, nor taken any steps to schedule the
motion.

We also note that you must amend your statement of claim to name the correct legal entity for UBS. The
current named defendant is not a legal entity, as set out in the statement of defence.

If you continue to face difficulty navigating correct procedure, we cannot advise you. You will need to
retain counsel or schedule a case conference with the court to receive direction.

Yours truly,

Ritika Rai
cc. Daniel Murdoch, Stikeman Elliott LLP
ATTACHMENT
From: Ritika Rai
To: Syed Raihan
Cc: Dan Murdoch
Subject: RE: Superior Court of Justice – CV-20-00645699-0000 - Toronto / Cour supérieure de justice – CV-20-00645699-
0000 - Toronto
Date: Saturday, December 31, 2022 1:55:25 PM
Attachments: certification-EN-UBS(116578088.2).doc

Thanks, Mr. Raihan.

Please see attached our revised certification form as required by the Court. Since, as you advised, the
Court accepted the trial record on July 2, 2022, you will need to send the form to the court by January 2,
2023 to prevent the action from being struck from the trial list. The email is listed directly on the form,
please copy us in your correspondence to the court.

Feel free to let us know if you have any questions and wishing you a Happy New Year.

Best,
Ritika

Ritika Rai    (she / her)

Direct:     +1 416 869 6885

Mobile:    +1 514 862 3570
Email:      rrai@stikeman.com

From: Syed Raihan <syed_raihan@icloud.com>

Sent: Wednesday, December 21, 2022 10:48 AM
To: Ritika Rai <Rrai@stikeman.com>; Dan Murdoch <DMurdoch@stikeman.com>
Subject: Fwd: Superior Court of Justice – CV-20-00645699-0000 - Toronto / Cour supérieure de
justice – CV-20-00645699-0000 - Toronto

FYI:

I have sent you the trial record before and I am attaching here again. It has been accepted on July
02, 2022.
It had been refused before for lack certification of mediation from Plaintiff.
Thanks for your call.
Regards
Syed Raihan

Begin forwarded message:

From: <CivilClaimsDocuments@ontario.ca>
Subject: Superior Court of Justice – CV-20-00645699-0000 - Toronto / Cour
supérieure de justice – CV-20-00645699-0000 - Toronto
Date: July 26, 2022 at 9:39:52 AM EDT
 SUPERIOR COURT OF JUSTICE
(TORONTO REGION)
CERTIFICATION FORM TO SET PRE-TRIAL AND TRIAL DATES

Court File No.: CV-20-00645699-0000.

Title of Proceeding: RAIHAN v. UBS Inc USA

Jury Non-Jury

Counsel or the self-represented party who set the matter down for trial by filing the trial record must
complete this form in consultation with all other parties and submit it to the Court by emailing it to
MAG.CSD.Trials@ontario.ca. If the completed form is not submitted within 6 months of filing the trial record, the
action will be struck from the trial list. A copy of the completed form must be provided to all other parties.

The purpose of this form is to provide the trial co-ordinators with information that will allow them to:
1. set a pre-trial date,
2. estimate the length of trial, and
3. provide a tentative trial date.

Names of Counsel and Self-Represented Parties Telephone numbers and email

addresses
(647) 545-5705
Plaintiff Syed Mamun Raihan
Email: syed_raihan@icloud.com
(416) 869-5529
Defendant #1 UBS Email: dmurdoch@stikeman.com
rrai@stikeman.com
( ) -
Defendant #2
Email:
( ) -
Email:
( ) -
Email:
( ) -
Email:

COMPANION ACTION(S) N/A

1. Type of Case

Contract Real Estate

Personal Injury Wrongful Dismissal

Consumer Protection Act and Securities
Professional Negligence Other (Specify) Act Violations
October 2021 Page 1 of 2
 Motor Vehicle Accident

2. Time required for pre-trial conference: (Please remember that clients are requested to attend).
1 hour Half-day
2 hours Full-day

3. The Plaintiff(s) intend to call 1 witness including 0 experts.

4. The Defendant(s) intend to call 2 witnesses including 0 experts.

5. The trial of this action will involve (approximately) 100 documents.

6a. Have all experts’ reports counsel intend to rely on been exchanged? Yes No

6b. If not, how soon will such reports be produced?

7a. What is the estimated length of trial for the Plaintiff(s) case (including examinations of witnesses, cross
examinations and argument): 5 days

7b. What is the estimated length of trial for the Defendant(s) case (including examinations of witnesses, cross
examinations and argument): 2.5 days

7.5 Total Length of Trial in Days

8. Does any party have any issues requiring motions before trial? Yes No

If yes, specify:

9. Has mediation taken place? Yes No

10. Will pleadings require amendments? Yes No

11. Have all oral discoveries been completed? Yes No

12. Have all requests to admit been delivered? Yes No

13. Has all document production been completed? Yes No

I certify that I have accurately answered all questions and that I have consulted with all other counsel/parties
in this action and in all companion actions for the purpose of completing this form.

Yes No

YYYY-MM-DD

Date Signature
Please send the completed form by email to MAG.CSD.Trials@ontario.ca and copy all other parties.

October 2021 Page 2 of 2