The appellants appealed an order granting the respondent interim costs of $35,000 in an oppression remedy action under the Business Corporations Act.
The Divisional Court allowed the appeal, finding that s. 249(4) of the Act does not grant jurisdiction to order an individual to pay interim costs.
The court also found that the motion judge erred in concluding that the corporate appellants were affiliated with the target corporation, as the evidence did not support a finding of control other than by way of security.
The order for interim costs was set aside.
