2 total
Court orders non‑party shareholder personally liable for costs of failed injunction.
Following an unsuccessful injunction application arising from a shareholder dispute within a closely‑held corporation, the court addressed costs.
The litigation stemmed from a contested annual general meeting and banking resolution allegedly used to remove an equal shareholder’s rights.
The court found the proceedings were effectively directed by a non‑party shareholder who sought to advance his personal interests through the corporation.
Exercising its inherent jurisdiction, the court ordered that shareholder personally liable for costs payable to both the defendant financial institution and the successful intervenor shareholder, awarding substantial indemnity costs in favour of the intervenor.
Application for judicial review of inquiry commissioner's refusal to grant a publication ban dismissed.
The applicant sought judicial review of a ruling by the Commissioner of the Cornwall Public Inquiry denying a publication ban on the identity of one of its employees.
The Divisional Court determined the appropriate standard of review was reasonableness simpliciter.
The court found the Commissioner did not err in concluding the employee's identity was relevant to the inquiry's mandate, nor did he act unreasonably in applying the Dagenais/Mentuck test to deny the publication ban.
The application for judicial review was dismissed.
