Derek Leschinsky

Following a successful appeal that dismissed the respondent's summary judgment motion, the court determined the costs of the proceedings.

The appellants were awarded fixed costs for the appeal and partial indemnity costs in the cause for the motion.

The fourth parties were also awarded fixed costs for the appeal, while no costs were ordered for or against the third parties.

The liquidator of a credit union made a claim under a fidelity insurance bond for losses caused by the dishonest conduct of its general manager and other employees.

The motion judge granted summary judgment in favour of the credit union.

The insurers appealed.

The Court of Appeal allowed the appeal, finding that while the uncontested facts supported a finding of direct loss resulting from dishonest acts, there were genuine issues for trial regarding whether the acts constituted a single scheme, and whether the bond's termination and notice conditions applied.

The appellant appealed the judgment of the trial judge.

The Court of Appeal dismissed the appeal, holding that the trial judge's findings of fact could not be successfully challenged and precluded the application of the legal principles relied upon by the appellant.

Costs were awarded to the respondents on a partial indemnity basis.

The appellant appealed a decision refusing to intervene in his removal as a Trustee of a pension fund pending investigations of alleged misconduct.

The Court of Appeal dismissed the appeal, agreeing with the application judge that there was no evidence the remaining trustees were likely to act contrary to the best interests of the plan members or that the appellant's removal would prejudice the members.

The court confirmed that the evidence did not meet the threshold of demonstrating a likelihood of abuse of discretion.