Yannik S. Guilbault

Following a motion to consolidate 48 actions where the moving defendants were largely successful but the plaintiff successfully resisted consolidation of one action, the court determined costs.

Considering the divided success and a reasonable settlement offer made by the plaintiff, the court ordered the moving defendants to pay partial indemnity costs of $7,500 to the plaintiff and $5,522.91 to the successful co-defendant, Boston Pizza.

The plaintiff commenced 48 separate actions (38 in Superior Court, 10 in Small Claims Court) relating to various loan transactions, primarily alleging negligence and breach of fiduciary duty against its former lawyers.

The defendant lawyers brought a motion to consolidate the actions.

The court ordered that 37 of the Superior Court actions be consolidated into a single action to avoid multiplicity of proceedings and reduce costs.

The 10 Small Claims Court actions were also consolidated and ordered to be transferred and tried together with the Superior Court action.

All actions were ordered to be case managed.