Jonathon Burshtein

The court determined the costs of a motion for judgment and the costs of the action in a shareholder dispute.

The defendants were wholly successful on their motion for judgment, which dismissed the plaintiff's oppression and legal fees claims, and were awarded $15,000 in costs.

The plaintiff had made an offer to settle that triggered Rule 49.10(1) consequences, entitling her to partial indemnity costs of the action up to the date of the offer, fixed at $7,500.

The court set off the amounts, ordering the plaintiff to pay the defendants a net amount of $7,500 in costs.

The defendants moved for summary judgment to dismiss the plaintiff's action, arguing that the claims were statute-barred under the Limitations Act, 2002, and that the plaintiff was no longer a shareholder entitled to oppression remedies.

The court found that the plaintiff's oppression claims were statute-barred as she had sufficient knowledge of the facts before the limitation period expired.

However, the court granted judgment to the plaintiff for $30,130.07, representing a debt paid by her under a guarantee, as this specific claim was not statute-barred.

All other claims, including for legal fees and the defendants' set-off claim, were dismissed.