Mr. Sethi

Following a successful trial in a construction lien and breach of contract action, the plaintiff sought costs on a substantial indemnity basis.

The court reviewed the plaintiff's claimed fees and disbursements, making minor reductions for excessive time and undocumented expenses, but allowing the full cost of the plaintiff's damages expert.

The court awarded substantial indemnity costs, finding that the defendant's aggressive litigation strategy—including advancing and later abandoning a large counterclaim and unfounded allegations of dishonesty—amounted to commercial bullying that unnecessarily complicated and prolonged the proceedings.

The applicant brought an application within an ongoing oppression remedy proceeding seeking repayment of a shareholder loan.

The applicant sought to impose enterprise liability on related companies and personal liability on the estate of his former business partner.

The court found that the former partner had engaged in oppressive conduct by diverting corporate funds for personal benefit, defeating the applicant's reasonable expectations.

The court held the estate personally liable for the immediate repayment of $2,421,300 of the shareholder loan, but declined to impose enterprise liability on the related companies or personal liability on the estate trustee.