B.A. Kaminsky

The court quantified costs previously awarded to the defendants (excluding one individual) against the plaintiff.

The plaintiff failed to submit costs outlines as directed, leading the court to infer that its costs would not have supported its position.

The court fixed partial indemnity costs for a motion at $10,075 and 50% of the trial costs at $194,159.70, considering the complexity, importance, and financial risk of the underlying litigation concerning a significant property.

Following a Court of Appeal decision that partially reversed the trial judgment regarding branch membership, the parties appeared to resolve outstanding issues and discharge the Receiver.

The court dismissed remaining claims on consent and reassessed the trial costs.

Finding that the defendants achieved a substantively better outcome on appeal by retaining their membership and ability to attempt secession again, the court awarded the defendants one-half of their trial costs on a partial indemnity basis.

The court maintained the 50/50 split for receivership costs but ordered the plaintiff to fully indemnify the defendants for the Receiver's costs of the appeal.

A court-appointed receiver sought approval of its reports, approval of fees and disbursements, authorization to sell a property to fund payment of those fees, and directions regarding the validity of a corporate board election.

The court approved the receiver’s activities and found the fees of both the receiver and its counsel to be fair and reasonable given the unusual and contentious nature of the receivership.

The court authorized the sale of the property under the receiver’s control to generate funds to pay the receiver’s outstanding fees.

The request for directions regarding the validity of the corporate board election was declined as beyond the scope of the receivership proceeding.

The court ordered that the parties benefiting from the receivership share the receiver’s fees on a 50/50 basis.