The appellant appealed an order of Justice Petersen dismissing the entire action against multiple defendants.
All respondents except Mr. Rabie consented to setting aside the order.
The Court of Appeal found that the motion judge had misapprehended the status of the action against Mr. Rabie, incorrectly believing he was no longer a defendant.
A default judgment against Mr. Rabie had been set aside in July 2017 regarding the breach of fiduciary duty claim, which was ordered to proceed to trial.
Mr. Rabie had not opposed the status motion or the litigation timetable order.
The Court allowed the appeal, set aside the dismissal order, and ordered the parties to attend a status hearing to establish a litigation timetable.
