J.C. Murray

The Divisional Court determined costs following an appeal that increased the appellant's equalization payment by approximately $50,000.

The appellant was awarded $15,000 in costs for the appeal due to her partial success.

However, the court declined to vary the trial judge's $70,000 costs award against the appellant, noting that the respondent's pre-trial offer to settle remained higher than the final equalization amount.

The court also clarified that Family Law Rule 24(10) does not preclude a trial judge from awarding costs for pre-trial steps that do not require judicial intervention.

The appellants appealed a trial judgment granting the respondent real estate broker an oppression remedy under s. 248 of the Ontario Business Corporations Act.

The trial judge had found that a corporate reorganization by the appellants was designed to defeat the respondent's claim for real estate commissions.

The Divisional Court allowed the appeal, holding that the respondent was not a 'creditor' at the time of the reorganization because no commissions were yet payable under the listing agreement.

Furthermore, the reorganization did not constitute oppression as the successor entities had provided indemnification, ensuring the original corporation was not judgment-proof.

The action was dismissed.