Claire Frances McNevin

The plaintiffs, Tyler Hogan and TGH Holdings Ltd., brought a motion for default judgment against Brent Massaro and BJSM Holdings Ltd., seeking declarations of oppression and breach of fiduciary duties, and an order for the defendants to purchase the plaintiffs' interests in Thunder Bay Broom and Chemical Ltd. The defendants had been noted in default due to their deliberate failure to participate in litigation, including discovery.

The court found that the defendants' conduct was oppressive and breached fiduciary duties, warranting personal liability for Massaro.

The court ordered a buyout of the plaintiffs' shares for $13,350,000, based on an expert valuation that accounted for known misconduct, but declined to include speculative damages for unknown misconduct.

Costs were awarded to the plaintiffs.

This is a costs endorsement following a come-back motion concerning ex parte injunctions.

The applicant successfully continued a Family Law Act preservation order against her former spouse but failed to continue a Mareva order against his family members and corporate affiliates.

The court determined costs based on divided success, reasonableness of conduct, and settlement offers, ultimately awarding the applicant costs against the former spouse and the other respondents costs against the applicant, with deferred payment terms for the applicant.