The plaintiffs successfully obtained an anti-suit injunction to halt an arbitration commenced by the defendants in Hong Kong, which was found to be an abusive collateral attack on prior Ontario rulings.
The plaintiffs sought costs on a substantial indemnity basis.
The court awarded the plaintiffs $261,900 in substantial indemnity costs, emphasizing the defendants' vexatious and oppressive tactics in pursuing the foreign arbitration and threatening the representative plaintiffs with personal financial jeopardy.