Chad Kopach

Following the dismissal of two civil actions against a bank, the court determined the issue of costs.

The plaintiffs had commenced proceedings seeking damages and banking records relating to a decades‑old workers’ compensation payment.

The defendant bank had successfully moved to dismiss the actions for failing to disclose a reasonable cause of action.

The court held that the defendant was the successful party and entitled to costs, rejecting the plaintiffs’ argument that the bank had forced the litigation by failing to advise them of alternative procedural mechanisms to obtain records.

Costs were awarded on a partial indemnity basis and reduced for proportionality due to overlap between the two proceedings.

A dispute arose over a commercial real estate venture involving a golf driving range property where the defendant broker asserted a contractual 20% ownership interest pursuant to a shareholders’ preliminary agreement.

The plaintiffs alleged that the signature on the agreement was forged and sought a declaration that the broker had no interest in the corporations or property.

After considering expert handwriting evidence, documentary records, and credibility findings, the court concluded that the signature was genuine and that the agreement was valid and binding.

The court further found that the plaintiffs’ conduct in denying the agreement and withholding financial information was oppressive under s. 248 of the Ontario Business Corporations Act.

Remedies included declarations confirming the respondent’s 20% interest, registration of that interest on title, corporate share issuance, an accounting of business operations, and an order requiring the purchase of the respondent’s interest at fair market value.