Andrew Ostrum

The plaintiff, Royal Bank of Canada, sought costs on a partial indemnity scale after being successful on a legal issue concerning the application of *Lawyers’ Professional Indemnity Company v. Rodriguez*.

The defendant, Chul Yung Kim, argued for mixed success due to the plaintiff narrowing 17 allegations of fraudulent misrepresentation to four during the summary judgment process, proposing a lower costs award.

The court found mixed success to the extent the allegations were narrowed but noted the *LawPro* issue was predominant.

The court reduced the plaintiff's claimed fees by one-third and awarded costs of $13,581.50 to the plaintiff.

Unsecured judgment creditors sought an order under s. 163(2) of the Bankruptcy and Insolvency Act to examine an individual in his personal capacity and as director of a related corporation regarding the administration of a bankrupt estate.

The court applied the low threshold test for examinations under the BIA, requiring evidence that the proposed examination may yield information relevant to the administration of the estate and that the proposed examinee likely possesses such information.

Evidence raised questions about whether accounts receivable belonging to the bankrupt were paid to the individual or transferred to a related corporation while the bankrupt was insolvent.

The court found sufficient cause to permit the examination and ordered document production.

Costs were awarded to the moving creditors.