Corey Bergstein

The applicants brought an application against the respondents, including Sylvie Tremblay, alleging misrepresentation, breach of fiduciary duty, and other claims.

The application against Tremblay was dismissed.

Tremblay sought costs on a full or substantial indemnity basis, claiming she was entitled to indemnification for all respondents' legal costs.

The court found the applicants' case against Tremblay was extraordinarily weak and exposed them to serious costs consequences due to allegations of dishonourable conduct.

The court awarded Tremblay costs on a substantial indemnity basis, but reduced the amount because she failed to submit a pre-hearing costs outline and did not differentiate her costs from the other respondents.

Tremblay was awarded $15,000 all inclusive.

The plaintiff brought a motion for summary judgment seeking repayment of a $400,000 loan advanced for the production of a film.

The borrower and guarantor argued that a separate agreement governing distribution of film revenues subordinated repayment of the loan until other liabilities were satisfied and effectively transformed the loan into a risk investment.

The court held that the loan agreement and promissory note clearly provided that the loan was payable on demand and were not modified by the revenue-sharing agreement.

The defendants’ interpretation would contradict the express contractual language and render the loan agreement meaningless.

Summary judgment was granted for the full loan amount plus interest.