2 total
Costs of $6,000 awarded to respondents following dismissal of applicant's motion to remove counsel.
The applicant's motion to remove the respondents' counsel of record was previously dismissed.
The parties could not agree on costs, and the respondents sought costs on a substantial indemnity basis, citing the lack of merit of the motion and abusive correspondence from the applicant's representative.
The court reviewed the factors under Rule 57.01 of the Rules of Civil Procedure and awarded the respondents costs fixed at $6,000.00, finding this amount to be fair, reasonable, and proportionate in the circumstances.
Motion to remove counsel for corporate respondent dismissed as sole director created identity of interest.
The applicant, a former shareholder, brought a motion to remove the respondents' lawyer as counsel of record for the corporate respondent, alleging a conflict of interest.
The applicant argued that the corporation, as a separate legal entity, required independent representation from its majority shareholders and directors in an oppression proceeding.
The court dismissed the motion, finding no conflict of interest because the individual respondent was the sole director and functionally the only shareholder of the corporation, resulting in an identity of interest between the corporation and its director.
