Jonathan Cooperman

This costs endorsement followed a discharge motion for an interim receiver.

The Interim Receiver and Fasken, Martineau DuMoulin LLP sought substantial indemnity costs against Nyaz Jethwani, who had opposed the discharge and fee approvals.

The court found Jethwani was not a public interest litigant and was responsible for costs incurred due to his opposition.

However, the offers to settle did not meet Rule 49 requirements, and Jethwani's conduct, while causing unnecessary costs, was not reprehensible enough for substantial indemnity.

The court awarded partial indemnity costs to the Interim Receiver ($75,000) and Faskens ($54,000), plus $2,500 each for the costs motion itself.

The Interim Receiver, A. Farber & Partners Inc., moved for approval of its fees and disbursements, and those of other professionals, incurred over a 15-year receivership, along with its discharge and other related orders.

The plaintiff, Nyaz Jethwani, opposed the motion, primarily objecting to the quantum of fees and certain actions of the Interim Receiver.

The court found the Interim Receiver's fees and actions to be fair, reasonable, and commercially prudent, dismissing all of Jethwani's objections.

The court approved the fees, discharged the Interim Receiver, and ordered reimbursement for personal payments made by Farber.

The court considered a motion by a court-appointed receiver seeking approval of professional fees incurred during a complex receivership investigation.

The receivership arose after the judgment debtor engaged in extensive efforts to conceal assets through individuals and corporate entities in order to avoid enforcement of a judgment owed to a former spouse.

The receiver, counsel, and forensic investigator undertook substantial asset tracing and recovery efforts that resulted in over $2 million being realized for the estate.

The court found the professional fees reasonable and necessary given the complexity of the concealment and the extensive investigative work required.

The motion to approve the professional fees was granted.

A court-appointed receiver brought a motion seeking approval of settlements reached in efforts to enforce a substantial family law judgment and recover assets allegedly concealed by the respondent.

The receiver also sought approval of significant professional fees incurred during forensic investigations and asset recovery.

The court approved certain settlements and ordered an immediate distribution to the judgment creditor but adjourned the determination of professional fees and related matters to future hearings.

The court emphasized concerns that professional fees could significantly reduce the creditor’s ultimate recovery and directed that no further fee payments be made pending further consideration.