C. Mark Hogan

This is a costs endorsement following the dismissal of the plaintiffs' action and third-party claim.

The court determined the quantum of costs payable by the plaintiffs to the defendant, Christine Raffan, and whether the plaintiffs or Ms. Raffan should pay the third-party costs.

The court awarded Ms. Raffan $300,000 in costs from the plaintiffs, finding the amount reasonable given the complexity, duration, and unproven fraud allegations.

The court further ruled that Ms. Raffan, not the plaintiffs, must pay the third-party costs, awarding David Corazza and Karen Caradonna $125,000 each, as their inclusion in the proceedings did not naturally flow from the plaintiffs' action.

The plaintiffs brought a motion for a mistrial during their ongoing trial, alleging reasonable apprehension of bias after the court dismissed their action.

The action was dismissed because the plaintiffs' expert, a forensic accountant, failed to provide an opinion on the standard of care for a CGA, which was deemed essential for the case's success.

The court, acting as a gatekeeper for expert evidence, excluded the expert's testimony based on the two-step test from *White Burgess Langille Inman v. Abbott and Haliburton Co.* The motion for mistrial was denied, and the dismissal of the action was affirmed.