C. O’Sullivan

The plaintiff, a director of a commercial cannabis business, brought a motion in an oppression remedy proceeding to nullify shareholder resolutions that removed him as a director and appointed a new sole director.

The court found that the resolution removing the plaintiff violated the Business Corporations Act because he was not given notice or an opportunity to submit a written statement opposing his removal.

The court ordered the plaintiff reinstated as a director but dismissed the request for an injunction against the newly appointed director, finding the test for injunctive relief was not met.

The defendant was wholly successful on a motion to set aside a default judgment and sought costs on a substantial indemnity scale.

The plaintiff failed to provide written submissions on costs.

The court considered the defendant's offer to settle the motion on a no-costs basis, which the plaintiff rejected.

Finding the hours claimed by the defendant disproportionate to the straightforward nature of the motion, the court fixed costs at $11,620.00 inclusive of HST and disbursements.

The moving party brought a motion to remove the responding party's counsel due to a prior retainer.

The responding party consented to the order on the day the motion was to be heard.

The court found that the motion was necessary and that substantial indemnity costs would normally follow, but reduced the claimed amount on the basis of proportionality, fixing costs at $3,500 plus HST and disbursements.