The case concerns the final steps of a reference hearing to determine the distribution of proceeds from the sale of a corporate property following a winding-up order.
Key issues included the proper calculation and payment of Canada Revenue Agency (CRA) taxes, responsibility for a mortgage on the property, and the final determination of costs.
The court accepted the applicant's accountant's tax filings over the respondent's, found the deceased shareholder solely responsible for the mortgage, and awarded full indemnity costs to the applicant due to the respondent's persistent opposition and the complexity of the case.
The remaining funds in court were ordered to be paid to CRA first, with the remainder going to the applicant, as the respondent's share was in a negative position.
