The plaintiffs brought a motion for summary judgment that I heard on July 17, 2019. In an endorsement dated October 28, 2019 (Marshall v. Meirik, 2019 ONSC 6215), I directed the parties to tender further evidence and argument on the issues of damages and mitigation before I decided the summary judgment motion (the “initial endorsement”). The parties were afforded the opportunity to provide further proper expert (and other supporting) evidence in accordance with directions provided at the end of my initial endorsement. I determined that this was the most timely, cost effective and proportionate manner of proceeding.
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