Brian P. Bellmore

This was a motion for leave to appeal two costs decisions.

The appellant sought leave to appeal the motion judge's decision not to award costs against the applicant personally, citing her financial inability to pay, and not to award costs against her former counsel for allegedly initiating a frivolous application or being in a conflict of interest.

The court denied leave, finding that while there might be doubt about the correctness of denying costs based solely on inability to pay, the matter was not of sufficient importance given the applicant's circumstances.

The court also deferred to the motion judge's findings that the application was not frivolous or vexatious and that counsel was not in a conflict of interest warranting personal costs.

The moving party, a former CFO of a company undergoing CCAA restructuring, sought a declaration that a court-approved settlement and release barred the Chartered Professional Accountants of Ontario (CPAO) from commencing disciplinary proceedings against him.

The court dismissed the motion, finding that the CPAO's regulatory proceedings regarding professional misconduct did not constitute a 'claim' under the CCAA, nor were they claims against him in his capacity as a director or officer.

Furthermore, the disciplinary proceedings did not fall within the definition of released claims in the settlement order, and the CPAO was not bound by the order as it had not received notice.

Limited partners in a real estate partnership commenced an action alleging misconduct by accountants, a lawyer, and others in relation to unauthorized corporate changes and mortgages affecting partnership property.

After the action had been set down for trial, certain defendants indicated they would bring motions for summary judgment arguing the plaintiffs lacked standing because the alleged losses were those of the partnership.

The plaintiffs sought leave under Rule 48.04(1) of the Rules of Civil Procedure to bring a cross‑motion for summary judgment in response.

The court considered modern principles favouring broad access to summary judgment following Hryniak v. Mauldin and whether permitting the motion would promote a proportionate and efficient resolution.

Given that the defendants’ proposed motions could require extensive evidentiary responses and potentially raise broader issues, the court concluded that allowing the plaintiffs to bring their own motion could streamline the litigation.

Leave was therefore granted.