Noah Zachary Eklove

Following an appeal where a new trial was ordered, the Court of Appeal issued a costs endorsement regarding the costs of the first trial.

The parties had agreed on appeal costs but not on trial costs.

The Court agreed with the respondent's submission that the disposition of the costs of the first trial should be left to the trial judge hearing the new trial, as that judge would be in the best position to determine the issue.

The appellants appealed the dismissal of their action for negligence, fraud, fraudulent misrepresentation, and intentional interference with economic relations against an accountant.

The Court of Appeal found that the trial judge erred by prematurely dismissing the action and erroneously rejecting the appellants' accounting expert's testimony.

The expert's reports, though not explicitly using "standard of care" clearly opined on the impropriety and negligence of the respondent's accounting actions, which was relevant to the claims.

The Court of Appeal allowed the appeal, set aside the dismissal, and ordered a new trial before a different justice due to a miscarriage of justice.

The plaintiff commenced two actions (in 2018 and 2022) against the Crown and the Firearms Safety Education Service of Ontario containing overlapping allegations regarding the suspension of his firearms instructor license.

The defendants brought motions to strike or stay the 2022 Action.

The court struck the 2022 Action against the Crown for failure to provide statutory notice, struck the claims based on 2017 and 2018 events as statute-barred, and stayed the remaining duplicative claims as an abuse of process.

The plaintiff was granted leave to amend the 2018 Action to incorporate the claims from the 2022 Action.

The plaintiffs brought a motion for case management of 43 individual negligence actions against the defendants, operators of long-term care homes.

These actions originated from a proposed class action that was discontinued in 2018 and replaced with individual claims.

On consent, the parties agreed to withdraw the case management motion without costs, subject to terms including scheduling discoveries in designated actions and requiring the plaintiffs to bring motions to discontinue 25 of the actions.