Gustavo F. Camelino

The defendant sought costs following its successful motion for summary judgment which dismissed the plaintiffs' action as statute-barred.

The defendant claimed $37,691.87 in total costs, while the plaintiffs argued for $22,575.67.

The court reduced the defendant's fees due to duplication of work by senior and junior counsel and disallowed certain disbursements, including computer research charges.

Costs were fixed at $32,802.35 on a partial indemnity basis, payable by the plaintiffs within 60 days.

Following a successful motion for partial summary judgment, the plaintiff sought costs on a substantial indemnity basis.

The court found that the defendants' conduct, which included oppressive actions, breach of fiduciary duty, and failure to cooperate with the court-appointed investigator, warranted an elevated costs award.

The court fixed costs at $170,000, inclusive of disbursements and taxes, payable by the defendants.

The plaintiff, a minority shareholder, previously obtained a judgment setting aside a transfer agreement and declaring a constructive trust over her one-third interest in corporate assets diverted by the defendants.

Following the appointment of an expert to trace the diverted assets, the plaintiff brought a motion for an interim payment under section 248 of the OBCA and Rule 20.

The court found that the defendants had improperly used corporate funds to pay their legal fees and the expert's costs, and had diverted several real estate properties and sale proceeds.

The court ordered the defendants to pay the plaintiff $6,098,427 as an interim payment representing her undisputed one-third interest in the diverted assets and improperly paid expenses.