The plaintiffs’ summary judgment motion originally came before me for hearing on July 17, 2019. In an endorsement dated October 28, 2019 (Marshall v. Meirik, 2019 ONSC 6215), I directed that the parties could tender further evidence and argument on the issues of damages and mitigation before I decided the summary judgment motion (the “initial endorsement”). Costs were also reserved. There were various delays but the parties eventually tendered further evidence through experts and made further submissions on these issues. These reasons, which take into account the further evidence and submissions received, should be read together with my initial endorsement. Capitalized terms not defined herein have the meaning ascribed to them in my initial endorsement.
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