Following earlier reasons granting relief in a dispute involving charitable corporations and trust‑like obligations over charitable assets, the successful applicants sought substantial indemnity costs against the respondent foundation.
The court considered allegations that the respondent had advanced reckless and unfounded accusations of dishonesty, breach of trust, and misappropriation during the proceedings.
It also reviewed the applicants’ unaccepted Rule 49 offer to settle and the complexity and importance of the litigation concerning charitable corporations, fiduciary duties, and the Charities Accounting Act.
The court concluded that the respondent’s conduct, including unsupported allegations and misrepresentations of fact, justified an award of substantial indemnity costs.
Costs of $454,686.19 were awarded to the applicants, and additional costs were awarded to the Public Guardian and Trustee.
