Ross Morrison

The Representative Plaintiffs in a certified class action sought leave to dismiss the action due to a lack of reasonable prospect of success after an expert report undermined their case.

The Defendants did not oppose the dismissal but sought substantial partial indemnity costs for a withdrawn summary judgment motion and for defending the class action.

The Class Proceedings Fund, responsible for adverse costs, argued the Defendants' costs claim was excessive.

The court granted leave to dismiss the action and awarded the Defendants $300,000 in total partial indemnity costs, significantly less than the $750,025.31 sought by the Defendants but more than the $65,000 proposed by the Fund.

The applicants sought leave to appeal to the Divisional Court from an order dismissing their motion for summary judgment.

They argued the motion judge failed to properly apply the summary judgment framework from Hryniak v. Mauldin and failed to provide adequate reasons.

The Divisional Court dismissed the motion for leave, finding no good reason to doubt the correctness of the motion judge's decision, as the judge had properly identified genuine issues of credibility regarding alleged undue influence and elder abuse, and correctly concluded that fact-finding powers could not resolve the dispute fairly.

The court also found the proposed appeal did not involve matters of general public importance.

The plaintiffs, former employees of the defendant, sought a determination of their entitlement to monies under a carried interest plan related to a private equity fund.

They argued that their entitlements should be calculated based on their points at the time of each distribution and that the award of additional points after their departure was unduly dilutive and contravened the plan.

The court found that the plan's terms, including subsequent letters agreed to by the plaintiffs, contemplated calculating entitlements based on total points at the end of the plan.

The court also held that the defendant had broad discretion to award points and did not contravene the plan by awarding points after the plaintiffs' departure to reward other participants for their contributions.

A preliminary inquiry into charges of second degree murder and careless use of a firearm arising from the death of Eric Osawe during a dynamic police entry.

The Crown alleged that the accused officer deliberately fired his MP5 submachine gun during a struggle with the deceased.

The court found no evidence from which a reasonable jury could infer intentional discharge, and further found that the officer's conduct was consistent with professional standards.

The accused was discharged on all counts.

The appellants, Piro and Montaldi, appealed a summary judgment finding them liable for knowingly assisting an Enbridge employee, Marinaccio, in breaching his fiduciary duty through a fraudulent invoicing scheme.

Over six years, Enbridge paid over $6.5 million for fake invoices submitted by entities controlled by the appellants, who then shared the proceeds with Marinaccio.

The Court of Appeal dismissed the appeal, upholding the motion judge's findings that Marinaccio owed a fiduciary duty, the appellants knowingly assisted in his dishonest conduct, and they were liable for bribery and unjust enrichment.

The court also upheld the calculation of damages and the award of compound interest.

The appellants appealed their convictions for income tax evasion, arguing that evidence obtained prior to the enactment of the Charter under a provision of the Income Tax Act later found to be unconstitutional should be excluded.

The Supreme Court of Canada dismissed the appeal, agreeing with the Ontario Court of Appeal that the Charter does not apply retrospectively to searches and seizures conducted before it came into force.