Joshua Nutt

The applicant, David Rossetti, sought a vesting order for property in Elizabethtown, Ontario, to be held by himself and Anthony Joseph Rossetti as tenants in common, each with a 50% interest.

The court addressed procedural issues regarding service and representation of several respondent estates and the inability to locate the trustee in bankruptcy for one co-owner.

The court granted the requested vesting order, finding the procedural requirements satisfied and the equities favouring the applicant, and ordered the land registry to be amended accordingly.

This decision fixed the costs payable following a summary trial where the plaintiff was found not to be a shareholder.

The defendants, as the successful parties at trial, were presumptively entitled to costs.

The court awarded partial indemnity costs of $180,000 to the defendants, inclusive of fees, disbursements, and HST.

The court declined to set off these costs against any amounts potentially due to the plaintiff on a future reference but suspended enforcement of the costs award for 60 days to allow for potential settlement negotiations.

The decision considered factors such as the complexity of issues, the conduct of both parties regarding disclosure, and proportionality, noting that a "flat 5% disbursement fee" is not recoverable as party-and-party costs.

The plaintiff, Chase Wong, brought an application, converted to a summary trial, seeking a 50% ownership interest in the defendant corporation, 10658987 Canada Inc., and oppression remedies under the Canada Business Corporations Act.

The court found no binding agreement for the plaintiff to become a 50% owner, as discussions were ongoing and conditional.

While the plaintiff contributed capital and services, the court determined he did not have a reasonable expectation of ownership sufficient to grant an oppression remedy for shares.

Instead, the plaintiff was entitled to a refund of his investment and reimbursement for services provided, with an accounting to quantify these amounts.