K. McGrann

Following the dismissal of the plaintiffs' oppression action after a hybrid trial, the successful defendants sought partial indemnity costs.

The plaintiffs argued that each party should bear its own costs because the defendants' unlawful conduct provoked the litigation.

The court rejected this argument, finding the defendants were entitled to costs.

The court also addressed the novel issue of whether costs for preparing affidavits and cross-examinations for pre-trial motions are recoverable when that evidence is subsequently used in a hybrid trial.

The court held that such costs are recoverable to the extent the work product was material to the trial issues, to encourage the use of hybrid trials.

The court fixed EnGlobe's costs at $200,232.47 and Busseri's costs at $116,321.99.

The plaintiffs, minority shareholders of EnGlobe Corp., brought an action alleging that EnGlobe and its CEO engaged in oppressive conduct and conspired with a third party to freeze their shares during a proxy fight.

The court dismissed the action, finding that the freezing of the shares resulted from a consent order in separate litigation, not from any oppressive conduct or conspiracy by EnGlobe.

The court also held that the claims were barred by cause of action estoppel due to a prior consent dismissal order, and that the oppression claim was statute-barred under the Limitations Act, 2002.