Michael Cooper

The defendant director brought a motion for summary judgment to dismiss the plaintiff's action against him in his personal capacity.

The plaintiff alleged the director should be personally liable for inducing breach of contract, deceit, and other torts, arguing the corporate veil should be pierced due to the director changing corporations mid-project for personal reasons.

The court dismissed the defendant's request to file a late supplementary affidavit.

The court also dismissed the motion for summary judgment, finding that a trial was required to determine the director's intent behind the corporate restructuring and billing practices, and whether his actions constituted a separate tort or improper conduct warranting piercing the corporate veil.

Following a successful summary judgment motion enforcing a settlement agreement in an estate dispute, the moving party sought costs.

The court found that the costs submissions addressed a broader range of issues relating to the contested administration of the estate, including disputes regarding compliance with prior court orders and accounting for estate assets.

The record did not allow the court to determine which costs were properly attributable to the summary judgment motion.

The court therefore deferred determination of costs until a case conference addressing accounting issues and the overall administration of the estate.

Parties were directed to prepare to address implementation of the settlement, costs, and potential directions regarding the completion of the estate administration.