Rachel Laurion

This costs endorsement followed a prior decision where the plaintiffs' action for breach of contract was dismissed due to a lack of proven damages, despite a finding of breach.

The court determined that the defendant, Grant Thornton LLP (GT), was the more successful party, notwithstanding some mixed success, as the plaintiffs' claims for breach of fiduciary duty and defamation were dismissed outright, and no remedy flowed from any of the plaintiffs' findings.

The defendant's offer to settle did not meet the requirements of Rule 49.10(2)(b), thus no costs consequences flowed from its non-acceptance.

Applying the "fair and reasonable" principle for fixing costs and considering Rule 57.01 factors, including the moderate complexity and the $10 million claim, the court awarded GT partial indemnity costs in the all-inclusive amount of $175,000.00.

Following the release of trial reasons finding the defendant breached its contract but awarding no damages, the plaintiffs brought a motion under Rule 59.06 to amend the reasons.

The plaintiffs sought nominal damages, special damages, damages for the purchase of new shares, and damages for loss of chance.

The court dismissed all claims, finding that nominal damages were inappropriate where general damages were unproven, special damages lacked causal link, and the other claims were either already disposed of or not raised at trial.

The plaintiff school brought an action for defamation against two former students and their paralegal based on an email the paralegal sent to York University inquiring about the school's relationship with the university.

The defendants brought a motion for summary judgment to dismiss the action, arguing the email was protected by absolute privilege.

The court granted the motion, finding that the email was a reasonable pre-litigation communication made in the course of investigating the clients' claims and was therefore protected by absolute privilege.

The Defendants sought leave to appeal a series of interim decisions by Snowie J., which included granting injunctions against defamation and harassment, a publication ban, and substantial costs awards, in two separate actions brought by S.R. and V.B. against the Defendants.

The court granted leave to appeal on all issues, finding conflicting legal principles regarding defamation injunctions, uncertainty in the evolving torts of harassment and intrusion upon seclusion, and procedural irregularities and open court principle concerns regarding the publication ban.

The costs award was also subject to appeal as it flowed from the underlying decisions.