Following the dismissal of the applicant's motion for partial summary judgment regarding the sale of shares in a family farming business, the parties submitted written arguments on costs.
The respondents sought costs on a substantial indemnity basis due to the applicant's premature motion and late disclosure.
The court found the applicant's conduct regarding disclosure to be questionable and awarded the respondents costs fixed at $43,000.00 inclusive of fees, disbursements, and taxes.