Following a lengthy oppression remedy trial involving a shareholder dispute in a real estate investment company, the court determined the appropriate costs award and interest payable after judgment.
The plaintiffs sought substantial indemnity costs exceeding $1.3 million, alleging reprehensible litigation conduct by the defendants.
The court rejected the request for elevated costs and held that partial indemnity costs were appropriate, emphasizing proportionality, the plaintiffs’ limited success compared to the amounts claimed, and duplication resulting from multiple counsel.
The court also addressed costs related to several pretrial motions, expert witness fees, and disbursements, reducing certain expert accounts and awarding the defendants $5,000 for a post‑judgment remediation motion.
Prejudgment and postjudgment interest were fixed under the Courts of Justice Act.
