C. Carr

The applicant brought an application against the respondent, his niece and attorney for property for his mother, alleging breach of duty and conversion.

The applicant abandoned the application shortly before the hearing.

The respondent sought her costs.

The court found the allegations were unfounded and the respondent was entitled to full indemnity costs.

The court ordered the respondent's costs of $29,191.82 to be paid $5,000 by the estate and the balance by the applicant.

The plaintiffs brought a motion to amend their statement of claim to add the sole director of the defendant corporation as a party and to plead oppression under the Business Corporations Act.

The plaintiffs, who were suing for breach of an unexecuted commercial lease, argued that the director's sale of corporate properties jeopardized their ability to collect on a potential future judgment.

The court dismissed the motion, finding it plain and obvious that the plaintiffs, as contingent creditors for unliquidated damages, lacked standing as complainants.

Furthermore, the court held there was no evidence of asset stripping or bad faith to support an oppression claim or to attach personal liability to the director.