Gabriel v. Dimichele

canada, canadian, case law, court opinion, canlii, nsca, 2026nsca58, 2026 nsca 58 (canlii), 2026, nsca, 58, (canlii), ca 550185, 2026, procedure, appeals, leave to appeal, interlocutory appeal requiring leave, whether appellants established an arguable issue, standard for appellate intervention, error of law or patent injustice, appeal allowed in part, paragraph 8 vacated, order otherwise affirmed, no order for costs, statutory interpretation, fatal injury legislation, fatal injuries act, s. 10, whether “not more than one action shall lie” limits claims to one action per fatality, legislative purpose, exception to common law bar and avoidance of multiplicity, reliance on gillott estate v. faulkner estate and maclean v. macdonald, interpretation confirmed, procedure, carriage and control, representative plaintiff, fatal injuries act, ss. 4(2), 5(1), whether the respondent was appropriately appointed to represent the fatal injury actions, stay of duplicative actions and amendments to include additional claims, alleged conflict of interest with representative counsel rejected, order affirmed in all other respects, procedure, costs and fees, civil procedure rules, whether the motion authorised determination of representative counsel’s fees through a contingency fee agreement, no evidence or submissions on fee arrangements, agreement not provided, fee provision included when settling form of order, premature determination set aside, paragraph vacated