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The court dismissed Silverado’s application for a stay pending appeal of an order setting aside a garnishing order, finding no arguable case, no irreparable harm, and no balance-of-convenience support.
The Court of Appeal affirmed the motion judge's findings that conspiracy was not properly pleaded against the respondents and that summary judgment was appropriate given the evidence and context; the respondents owed no duty to non‑clients and did not act negligently or in breach of fiduciary duty. The only modification was to reduce the partial indemnity costs award by one‑third as an appropriate discount from actual billed rates.
Source excerpt
The court allowed limited late affidavit evidence and ordered limited cross-examination in a bankruptcy application concerning Upstream Water Management Ltd.
Registrar Sainty reviewed a solicitor’s bill, reduced the account substantially, allowed limited disbursements, and awarded review costs and pre-judgment interest.
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