Grace J. Kim

Following the dismissal of the moving party's motions for leave to appeal and for a stay, the successful responding parties sought their costs on a partial indemnity basis.

The moving party failed to provide any costs submissions.

The court considered the principle of proportionality and the moving party's conduct which thwarted the bankruptcy trustee's mandate.

Costs were fixed at $20,000 for the trustee and $7,323.41 for the applicants, payable by the moving party.

The moving party sought leave to appeal an order appointing an investigative receiver over it.

The moving party argued the motion judge erred by not first finding evidence of fraud or dissipation of assets.

The Divisional Court dismissed the motion, finding the motion judge applied the correct test under s. 101 of the Courts of Justice Act and that the appointment was just and convenient given the interconnectedness of the moving party with bankrupt companies and the flow of funds between them.

The test for leave to appeal was not met.