2 total
The court awarded the applicant $2,725,000 in further interim costs, finding a prior consent order established entitlement.
The applicant, Hugh Kuang, sought an order for $4,110,000.00 in interim legal costs and disbursements to fund an upcoming trial under the Ontario Business Corporations Act and the Family Law Rules.
The respondents resisted, arguing that a prior consent order providing $1,000,000.00 did not establish the applicant's ongoing entitlement to interim funding.
The court determined that the prior consent order resolved the issue of entitlement, leaving only the questions of compliance and quantum.
Finding the applicant's proposed budget excessive but recognizing the complexity of the litigation, the court granted the motion in part and ordered the corporate respondents to pay $2,725,000.00 in four staged payments.
The court awarded $125,000 in costs to the applicant following a late-settled motion for a receiver-monitor, citing the respondents' unreasonable litigation conduct.
This decision addresses the costs of a motion brought by the applicant to appoint an investigative receiver-monitor and for interim disbursements in a complex corporate/family dispute.
Although most issues were settled just before the scheduled hearing, the court found compelling reasons to award costs to the applicant due to the respondents' litigation conduct, including failure to provide proper financial disclosure and late capitulation on key issues.
The applicant was deemed the successful party, having secured the appointment of their proposed receiver and interim disbursements of $1 million.
The court awarded $125,000 in costs to the applicant, balancing the applicant's success against the proportionality of the fees incurred, and declined to order joint and several liability as requested, preserving the issue for trial.
