Allyson Fischer

Following an appeal where one appellant was successful and the other unsuccessful, the appellants brought a motion to readdress costs.

Counsel for the appellants had previously agreed to a costs arrangement but later realized he made an error regarding the successful appellant's costs.

The Court of Appeal allowed the correction in fairness to the successful appellant and apportioned the trial and appeal costs accordingly.

Two insurance salespeople left a brokerage, taking their books of business with them.

The brokerage sued for breach of contract and unlawful conduct conspiracy.

The trial judge found one salesperson breached an oral agreement to purchase his book of business upon departure, and found the other liable for conspiracy.

On appeal, the Court of Appeal upheld the breach of contract finding but overturned the conspiracy finding, noting the trial judge failed to apply the requirement that a conspirator must engage in unlawful conduct or intend to harm the plaintiff.