The plaintiff corporation brought a motion for an equalization payment of $320,713.66 from the defendant corporations, arising from a prior trial decision regarding the division of corporate assets between two siblings.
The defendants brought a cross-motion seeking to recalculate the equalization payment to include the value of preference shares, which would result in the plaintiff's principal owing $2,625,000.
The court granted the plaintiff's motion and dismissed the defendants' cross-motion, finding that the calculation of the equalization payment and the exclusion of the preference shares had already been determined in prior proceedings and were therefore res judicata.
The court also resolved several ancillary issues, including the transfer of burial plots and the return of original documents, and prohibited the parties from commencing further litigation without leave.
