Following the dismissal of the plaintiffs' claims regarding a corporate estate freeze and a vendor take-back mortgage distribution, the defendants sought costs on a substantial indemnity basis.
The court awarded substantial indemnity costs to the defendants, finding that the individual plaintiff advanced frivolous claims and made unfounded allegations of fraud against various parties, including counsel.
The court rejected the plaintiff's requests to set off unpaid dividends, include the estate in the costs liability, or reduce the award significantly.
The individual plaintiff was ordered to personally pay $150,080.01 in costs.