The plaintiff, a minority shareholder, previously obtained a judgment setting aside a transfer agreement and declaring a constructive trust over her one-third interest in corporate assets diverted by the defendants.
Following the appointment of an expert to trace the diverted assets, the plaintiff brought a motion for an interim payment under section 248 of the OBCA and Rule 20.
The court found that the defendants had improperly used corporate funds to pay their legal fees and the expert's costs, and had diverted several real estate properties and sale proceeds.
The court ordered the defendants to pay the plaintiff $6,098,427 as an interim payment representing her undisputed one-third interest in the diverted assets and improperly paid expenses.
