Sean Giovannetti

This endorsement is the fourth in a series concerning an application for approval of a settlement for damages arising from two falls.

The court identified significant procedural deficiencies, including an improperly amended notice of application, non-compliant affidavit evidence from counsel's associate (failing to meet Rule 39.01(5) and Rule 7.08(4)(b) requirements), and an incomplete draft order.

The application was adjourned, and the applicants were ordered to formally amend their notice of application and file a compliant supplementary record, including proper affidavit evidence and a revised draft order addressing all necessary relief.

The defendant moved for summary judgment to dismiss the plaintiff's claims for breach of fiduciary duty and punitive/aggravated damages, and for complete dismissal of the action.

The court granted partial summary judgment, dismissing the claims for breach of fiduciary duty and punitive/aggravated damages, finding no genuine issue for trial on these points.

The court declined to grant full summary judgment on the plaintiff's claim for the return of a $5,000 retainer, as it involved credibility assessments regarding the amount legitimately billed by the defendant.

Instead, a reference to an Assessment Officer was directed to determine the exact amount owing for the retainer.