Andrew M. Diamond

Following the release of the main judgment dismissing the appeal, the Court of Appeal issued an addendum to clarify the costs award.

The court upheld the motions judge's decision to award the individual defendants their costs against both plaintiffs, as the individual defendants had been improperly joined in the action.

The appellants appealed a summary judgment dismissing most of their claims against magazine publishers and a distributor for conspiracy to injure, conspiracy to unduly lessen competition, wrongful interference with economic relations, inducing breach of contract, and breach of contract.

The Court of Appeal allowed the appeal in part, finding that there was some evidence of a common design or agreement among the corporate defendants to injure the appellants or unduly lessen competition, requiring a trial for the conspiracy and wrongful interference claims.

The appeal regarding the breach of contract and inducing breach of contract claims was dismissed, as the contract was terminated in accordance with its unambiguous terms.