Eric Freeman

Following the dismissal of three related proceedings as an abuse of process, the successful defendants sought costs.

The court found that the plaintiffs' unfounded allegations of fraud and intentional wrongdoing, combined with their attempt to relitigate matters barred by prior releases, justified an elevated costs award.

The court awarded costs on a substantial indemnity basis, fixing the total amount at $227,532.72, apportioned among the plaintiffs and the various defendants to ensure proportionality and reasonableness.

The defendants brought motions for summary judgment to dismiss three proceedings commenced by the plaintiffs regarding a long-standing family business dispute.

The plaintiffs alleged fraud, conspiracy, and misappropriation of funds dating back to the late 1990s and early 2000s.

The court granted the motions, finding that the actions were an abuse of process as they attempted to relitigate issues that had been resolved in prior litigation and settlements.

The court also held that the claims were barred by broad releases signed by the plaintiffs in 2005, 2012, and 2015, and were statute-barred under the Limitations Act, 2002 and the Trustee Act.