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Court of Appeal dismisses Appeal against Clinic Clients
The appeal was dismissed with costs to the Clinic’s clients on a partial indemnity basis in the amount of $11,000.
The appeal followed a trial in 2016 before Justice G. M. Mulligan of the Superior Court of Justice in Barrie. The Clinic (former staff lawyers Erik Bornmann and Mary Phan as well as staff lawyer Lisa Loader) represented the clients in the 20-day trial at the end of which the Clinic clients were awarded $277,318 in damages, including a constructive trust interest, $25,000 in punitive damages, $97,321 in interest, and costs on a substantial indemnity basis in the amount of $125,485.02. For the Reasons for Decision, please see Danilova v. Nikityuk, 2017 ONSC 4016, and, for the Costs Endorsement, Danilova v. Nikityuk, 2017 ONSC 6434.