Diane Salman

The applicants, minority shareholders of 2823363 Ontario Inc., brought motions for leave to be represented by non-lawyers and to enforce a prior court order directing the release of trust funds to the corporation.

The respondent majority shareholder opposed the enforcement, arguing that it had reconstituted the corporation's board of directors and revoked the instructing authority of the sole director who sought the funds.

The court granted leave for the non-lawyer representation, finding that the corporations were closely held and unable to afford counsel.

The court also granted the motion to enforce the prior order, holding that the majority shareholder's attempt to appoint additional directors breached the express terms of the unanimous shareholder agreement, which limited the board to one director.

This decision concerns a motion by Jaspreet Kaur for security for costs against Ronald Dawson in a dispute over the beneficial ownership of real property.

The court finds that Dawson failed to pay prior costs orders, appears to be a nominal applicant, and that the application is arguably frivolous and vexatious.

The court orders Dawson to post security for costs, with leave for Kaur to seek further security as the litigation progresses.