Following the approval of a Plan of Arrangement under the Canada Business Corporations Act, the successful applicant sought costs against the objecting creditors.
The objectors argued the applicant was disentitled to costs for failing to request them initially and that the quantum sought was excessive.
The court rejected the disentitlement argument, finding the objectors had notice that costs would be addressed in writing.
The court awarded $100,000 in costs, reducing the requested amount for proportionality, and ordered the costs payable jointly and severally by the objectors as they had pursued a common strategy.