Mr. Pont

Following a trial of an issue regarding shareholder oppression and the valuation of shares, the applicant sought substantial indemnity costs of over $618,000.

The court found the applicant was only partially successful and awarded partial indemnity costs.

The court significantly reduced the requested quantum because the applicant's costs submissions lacked detail and the applicant engaged in unreasonable litigation conduct by refusing to allow experts to confer and resisting settlement efforts.

The court awarded the applicant $138,425 in costs, which included $2,500 for costs thrown away due to the respondent's improper communication with a witness during cross-examination.

The applicant husband brought a motion for interim spousal support and shared use of a Florida condominium following the breakdown of a 31-year marriage.

The core dispute involved determining the respondent wife's income from her corporation.

The court imputed the wife's income at $720,000 and the husband's at $180,000, ordering the wife to pay $20,000 per month in interim spousal support.

The husband's request for shared use of the Florida condominium was dismissed as he had alternative housing and timeshares available.

The applicant minority shareholder sought a determination of the purchase price for her 40% interest in a real estate holding corporation owned with her former spouse.

The court found that the respondent majority shareholder engaged in oppressive conduct by failing to provide financial disclosure, operating the corporation solely for the benefit of his separate operating company, and destroying corporate records.

To remedy the oppression, the court valued the applicant's shares at $1,832,054.60 without applying a minority discount.